==============================  CFJ 1413  ==============================

    Rule 1016 prohibits a frozen Player from becoming a Contestant in a
    Contest.

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Caller:                                 Steve

Judge:                                  Taral
Judgement:                              TRUE

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History:

Called by Steve:                        20 Sep 2002 01:57:36 GMT
Assigned to Taral:                      20 Sep 2002 18:18:36 GMT
Judged TRUE by Taral:                   27 Sep 2002 06:55:27 GMT

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Caller's Arguments:

R1016 states that:

      A frozen player... is not permitted to perform any of the actions
      defined by the Rules that non-frozen Players are explicitly
      permitted by the Rules to perform, with the exception of changing
      eir activity level, and deregistering.

R1539 states that:

      A Player becomes a Contestant by notifying the Contestmaster and
      paying the prescribed Entry Fee to the Contest Fund.

Becoming a Contestant is an action that non-frozen Players are
explicitly permitted by the Rules to perform, and is therefore
porihibted for frozen Players by R1016.

Request for Annotation:

If Judged TRUE, I ask that the Judge Order the Rulekeepor to Annotate
R1016 with the Statement of this CFJ.

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Gratuitous Arguments by G.:

Supposition:  An broad interpretation of Rule 1016 conflicts with Rule
101.

Reason for supposition:

To enter Agora as a Player is to enter a binding social contract.  By
nature, all contracts contain elements of prohibition and constraint.  In
Agora, we are constrained by the fundamental statement of the Contract,
the opening lines of Rule 101, to act within the Rules:

>      All Players must always abide by all the Rules currently in
>      effect, in the form in which they are currently in effect.

In return, we are granted rights and privileges of membership in Agoran
society.  But what is the basic nature of the rights and privileges of
Agoran citizenship?

The fundamental core of Agora (part of the "Spirit of the Rules", if you
will) is that it is a permissive society with a permissive contract.  As
evidence of this, Rule 101, in addition to stating the requirements of the
contract (abiding by the Rules), contains a statement that lies at the
heart of the fundamental rights available to all Agorans:

>      Whatever is not prohibited or regulated by the Rules is
>      permitted and unregulated, with the sole exception of changing
>      the Rules, which is permitted only when the Rules explicitly or
>      implicitly permit it.

Rule 101, taken as whole, lays out for all to see that the Agoran Contract
is in its nature a permissive Contract, and not a prohibitive one.  As
such, the assumption of permission should only be turned aside in the face
of obvious and direct prohibition contained in the Rules.  Such obvious
and direct prohibitions may be explicit or implicit, but Rule 101 should
contrain us to interpret them as narrowly as possible.

The current Rule 1016 reads, in part:

>                                          A frozen player may not be
>      required by the rules to perform any duty or action, and is not
>      permitted to perform any of the actions defined by the Rules
>      that non-frozen Players are explicitly permitted by the Rules to
>      perform, with the exception of changing eir activity level, and
>      deregistering.

The question is: how should this blanket prohibition be treated?  Here are
two possibilities out of a range of interpretations:

 1.  A frozen Player is not permitted to perform actions explicitly
     allowed to non-frozen players; eg, any time the Rules explicitly
     state "An Active player may...", or "a non-frozen player may..."
     that action is explicitly permitted to non-frozen players and thus
     prohibited to frozen players.  However, any time the rules state
     "A Player may..." this isn't a explicit permission for the non-
     frozen, Rule 1016 does not apply, and thus a frozen player may
     perform the action.

 2.  Any statement of "A Player may..." is explicitly directed to
     non-frozen players and frozen players, and since it is explicitly
     directed to the non-frozen (as well as the frozen!), it is forbidden
     to the frozen by Rule 1016.  (Note that this may conflict with the
     permitting rule itself, which may or may not be higher in precedence
     than Rule 1016 at Power=2).

An interpretation such as #2, above, is a broad prohibition based on
indirect phrasing, and thus is not in keeping with the requirement for
obvious and direct prohibitions mandated by Rule 101.  On the other
hand, interpretation #1 interprets the prohibitions of Rule 1016 as
narrowly as reasonably possible, and thus is in keeping with this
principle.

Thus interpretation #1 (narrow) should be a preferrable precedent to
interpretation #2 (broad), in agreement with the Rules in general, and in
agreement with fundamental rights of Agorans which Rule 101 continues to
enshrine.

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Judge Taral's Arguments:

Firstly, Goethe's argument that "actions ... that non-frozen Players are
explicitly permitted by the Rules to perform" should be construed
narrowly. I disagree. Any action that the Rules permit Players in
general to perform is implicitly permitted to non-frozen Players also.

Secondly, the caller's argument that this provision applies to joining
Contests. I agree with this, but not for the reasons stated. R1539
merely states the method by which a Player can join a Contest.
Permission to join the Contest is granted by R1446:

      Any Player is permitted to be a Contestant or a Contestmaster of
      any Contest, unless that would conflict with that Contest's
      Regulations, or the Rules.

Since this clearly constitutes the "explicit permission" that R1016
calls for, it follows that frozen Players may not join Contests.

As for the Order, I deny the request. I feel that it would unnecessarily
burden the Recordkeepor.

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