Re: DIS: Re: BUS: Proto: Minor judicial fixes

2007-11-10 Thread Ed Murphy
Zefram wrote: Ed Murphy wrote: The parties to the contract are all unqualified to be assigned as judge of the case, unless the contract is the rules. I still reckon the rules are not amenable to the use of an equity-like process. Can you give some examples of judgements that you im

DIS: Re: BUS: Proto: Minor judicial fixes

2007-10-29 Thread Kerim Aydin
Zefram wrote: > Common sense can only stretch so far. I find it totally inadequate to > resolve fundamental conflicts between the unstated assumptions behind > various rules. Interesting. I find the opposite. Specifically, despite Agora's reputation for formality and quibbling, I find that our

Re: DIS: Re: BUS: Proto: Minor judicial fixes

2007-10-29 Thread Zefram
Kerim Aydin wrote: >Or you can use a small amount of common sense, Common sense can only stretch so far. I find it totally inadequate to resolve fundamental conflicts between the unstated assumptions behind various rules. -zefram

DIS: Re: BUS: Proto: Minor judicial fixes

2007-10-29 Thread Kerim Aydin
Zefram wrote: > You need to be clear about the role of the criminal court > within a contract and as applied to contracts generally. You need to > be clear about where contractual obligations are rooted. > > Turning the rules into a contract is a major project. Or you can use a small amount of c

DIS: Re: BUS: Proto: Minor judicial fixes

2007-10-29 Thread Zefram
Ed Murphy wrote: > The parties to the contract are all unqualified to be assigned > as judge of the case, unless the contract is the rules. I still reckon the rules are not amenable to the use of an equity-like process. Can you give some examples of judgements that you imagine might res