On 6/15/2019 8:09 AM, Kerim Aydin wrote:
> - I really like the idea of obiter dicta, there might be a few good ways
> to implement that.

Thinking about this a bit more, our system really requires individual
judges to set broad precedents - sticking to the narrow would really bog
down the game:

- The appeals system (Moots) contributes no text to precedents.  So if
someone has to take several conflicting narrow precedents and make a
broad precedent, that still has to be an individual judge.

- Realizing this, there's no reason that an individual judge shouldn't
generalize/set broad precedents in the first place (as long as they're
not wholly incidental to the CFJ statement).

- Also, since this is a game not real life, and judicial bandwidth is
limited, there's no reason to go through the "set several narrow
precedents before generalizing" stages - people will want to "just get
on with the subgame as we can all tell was intended" instead of waiting
for longer processes.

- This is greatly abetted by the Agoran style of pursuing every loophole
against the more common-sense approaches in a real court of law.  If
someone's going to say "yes that common-sense ruling makes sense but
because of this tiny tiny grammar quirk I'm going to try a slightly
different version of the scam", then it's better for the individual
judge to set a broader "no scams of this type" judgement from the outset.

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