On Thu, 6 Nov 2008, comex wrote:
> I proto-intend to appeal this judgement with 2 support, because it is
> not Agoran custom to "sandbox" rules like this.  Also, eir two
> arguments are in conflict: if one Rule specifically permits someone to
> cause another Rule (which itself is silent) to effect Rule Changes,
> does it work?  The quoted paragraph would imply no, but the Rule-based
> argument yes.

One major issue is that there is little precedent on the term "generally"
that seems to pepper the rules nowadays.

The point is that the rules don't *specifically* permit the given rule to
ake the specific type of change.  R2141 is a very diffuse definition of
a Rule, that describes some general properties of what a rule *in general*
*may* do.  It is important to note that, while we can read may here as
MAY, there is a pretty good argument for taking 'may' as 'might' in this
context.

So if we know that a Rule may do some things generally, the next step is
to ask what a rule can do specifically: and I say that the basic definition
is that a rule may do what's in its text, and what other Rules *explicitly*
empower it to do.   It's a tautology: without the Rule text, the Rules 
wouldn't exist, so the Rules can only do what the Rules say they can do.

So R2141 says that the rules generally *might* be able to make things
*like* rules changes (not specifically).

And R105 says that the rules can specifically make rules changes
*where permitted*.  

So I merely say that (1) R105 permission must be explicit, and  (2) a 
granting of general properties not even tied to rules changes is not 
sufficiently explicit.

-Goethe



Reply via email to