Oh, and REMIT instead of REMAND because I'd like to see a fresh
perspective on the issue.

—

On Sun, May 5, 2013 at 5:33 PM, Tanner Swett <[email protected]> wrote:
> I opine REMIT without prejudice on 3300a. While Judge Walker's
> arguments are reasonable, I think there is serious doubt that the
> "Golemness" of a rule (if it can be changed persistently) is not a
> substantive aspect of the rule. In particular, Golemness is certainly
> an aspect of a rule, and it certainly affects (although not directly)
> the overall *behavior* of the rule, if not actually directly affecting
> the rule's internal operation. In addition, I don't think there is any
> place in the rules where a non-substantive aspect of a higher-powered
> instrument is modified in order to achieve a significant effect;
> perhaps we could safely say that a "substantive aspect" of an
> instrument is an aspect that ultimately has some effect on the
> instrument's overall behavior.
>
> And I certainly think that doing such things as turning rules into
> Slave Golems is something that ought to be impossible below the power
> of the affected rule.
>
> —Machiavelli

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