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To: nomic-official@teleport.com
Subject: OFF: Final Judgement of CFJ 851: FALSE
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Status: RO

======================================================================

                FINAL JUDGEMENT OF APPEAL CFJ 851

"A transfer for which no Rules specify a time limit for its being 
 reported, and which is reported later than seven days after it 
 supposedly occurs, is illegal and thus does not occur."

======================================================================

Board of Appeals:       Decision:
   favor                FALSE
   Andre                FALSE
   Chuck (defaulted)    
   Murphy               FALSE

Final Judgement:        FALSE

Eligible:		Coren, dcuman, Doug, elJefe, Ghost, Jtael, 
			Michael, Murphy, Swann, Wes, Zefram

Original Judge:		Blob (declined)
			KoJen
Original Judgement:	TRUE

Caller:		Morendil
Barred:		Kelly, Steve
On Hold:	Blob, Dave Bowen
1005:		Pascal, Vanyel, Vlad
Declined:	Blob
Judged already:	Andre, KoJen, favor

Judicial salaries were earned by favor, Andre, and Murphy,
and will be reported after the end of the Nomic Week.
  
======================================================================

History:
  Called by Morendil, 24 January 1996, 14:03 +0100
  Assigned to Blob, 24 January 1996, 14:35 MET
  Blob defaults by going On Hold, 27 January 1996, 14:02 +1100
  Assigned to KoJen, 2 February 1996, 15:00 MET
  Judged TRUE by KoJen, 7 February 1996, 13:56 -0500
  Appealed by favor, 8 February 1996, 15:16 EST
  Appealed by Chuck, 8 February 1996, 09:28 -0600 (CST)
  Appealed by Swann, 8 February 1996, 13:33 -0500
  Assigned to Kelly as Speaker, 9 February 1996, 10:44 MET
  Assigned to Andre as CotC, 9 February 1996, 10:44 MET
  Assigned to Steve as Justiciar, 9 February 1996, 10:44 MET
  Delegated by Kelly to favor, 9 February 1996, 11:44 EST5
  Judged FALSE by Andre, 13 February 1996, 17:10 MET
  Judged FALSE by favor, 14 February 1996, 13:57 EST
  Delegated by Steve to Chuck, date unknown (but before 16 Feb 1996, 0944 UTC)
  Defaulted by Chuck (before 23 Feb 1996, 09:44 UTC)
  Assigned to Murphy as Justice, Wed, 28 Feb 96 06:05:26 PST
  Judged FALSE by Murphy, Wed, 28 Feb 1996 20:55:56 -0600

======================================================================

Arguments :

This one is simple. Rule 1472 :

Rule 1472/2 (Mutable, MI=1)
Transfer of Currencies

      It shall be legal to transfer Currencies between Treasuries,
      provided this is done in accordance with the Rules.
      (...)
      The Recordkeepor of a Currency must be notified of a transfer
      involving that Currency within seven days, unless another Rule
      specifies a different time limit for reporting a certain type of
      transfer.  For a Class I or Class II transfer, the notification
      shall be made by the Player required to detect and report it.
      For a Class III transfer, the notification shall be made by the
      Player who initiated it.

If the Player who must d/r a transfer (in the case of a Class I 
transfer) or the Player who initiates it (in the case of a Class III 
transfer) violates 1472 in not reporting a transfer within seven 
days, then that transfer obviously was not "done in accordance with 
the Rules". Unless a higher-MI Rule requires this transfer, or a 
lower-numbered Rule explicitly claims precedence, Rule 1472 makes 
such a transfer illegal.

-----------------------------------------------------------------------

---*-*-*---
 Morendil

======================================================================

Decision & Reasoning Judge:

My decision on CFJ 851 is TRUE.

Reasons: Morendil's assertion is essentially a paraphrasing of Rule 1472, and I
see no reason why 1472 should not apply in the general case being asserted by
this CFJ.

-- KoJen

======================================================================

Decision & Reasoning CotC:

This case is not as simple as the Caller thinks it is. The problem that needs
to be addressed is this: Is the notification of the transfer of Currencies
between Treasuries part of the transfer, or is it a separate obligation which
only is CAUSED by the transfer? If it is indeed part of the transfer, then
indeed such is necessary to make the transfer legal, and 1472's timing issues
apply. If however the notification is not part of the transfer per se, but
only an obligation caused by it, a transfer will happen, even if its
notification to the Recordkeepor of the Currency is done wrongly or not at
all, so any breaking of 1472's timing requirements does not make the transfer
illegal or ineffective.

Although no Rule explicitly gives an answer to this question, it still isn't
very hard to extract one from Rule 1472:

If we take the second Paragraph given by the Caller in eir Arguments, such
a report can take place AFTER the transfer has taken place. So it can never
be a part of it. Therefore I judge this CFJ FALSE.

By the way, if one still maintains the reporting is part of the transfer,
then the statement is trivially TRUE, as the 'if'-part is necessarily false.

Andre

======================================================================

Judgement, Pro-Speaker: FALSE

Reasons and Arguments, Pro-Speaker:

This Statement seems unlikely on the face of it, because it
would give the Player responsible for reporting a transfer
the ability to prevent it, by simply not reporting it (it
would not be a violation of any duty, since if the transfer
did not occur, there is no responsibility to report it!).
Of course, we've had strange and non-working Rules before,
so it is necessary to examine the caller's arguments for
the statement.

In the sentence cited by the caller:

>     It shall be legal to transfer Currencies between Treasuries,
>     provided this is done in accordance with the Rules.

the latter clause ("provided... Rules") is of coure a tautology.
Everything is legal provided it is done in accordance with the
Rules, by the commonsense definition of "legal".  (The Rules
themselves do not define "legal" anywhere that I can find, so
we must use the usual English meaning.)  So the presense of
this clause seems to add nothing in particular to the Rule it
occurs in, except to make the sentence sound less vacuous than
it would without it (it's a pretty vacuous sentence even with it).

Having observed that, we look at the next bit of evidence: another
paragraph from Rule 1472/2.  Nowhere in the paragraph is there
any mention of transfers being illegal, or not occurring.  This
paragraph merely specifies default requirements on the player who
is required to detect and report the transfer.  If these requirements
are not carried out, some player has violated some rule, but
there is no hint that the transfer that caused it is therefore
cancelled.  Because the Rule is unfortunately worded in the
normative ("must") rather than the Platonic ("is") mode, it
is possible for Players to act other than the way the Rule
specifies, but there is nothing in the Rule to lead to the
conclusion that transfers which are not correctly reported
are therefore retroactively cancelled.  There is nothing in
the Rules, in Game Custom, or even in common sense to
suggest that if someone fails to react to an event in the
required manner, the event retroactively fails to occur.

So the Statement is FALSE.


Respectfully submitted,

Pro-Speaker and Justice Favor

======================================================================

Evidence (added by CotC):

1. Rule 1472/2

----------------------------------------

Rule 1472/2 (Mutable, MI=1)
Transfer of Currencies

      It shall be legal to transfer Currencies between Treasuries,
      provided this is done in accordance with the Rules.  Every
      transfer shall involve a positive amount of exactly one
      Currency, which shall be transferred from exactly one Treasury
      into exactly one other Treasury.  Every transfer has an
      initiator, which is the Entity which causes the transfer to take
      place.

      A transfer which is explicitly and directly required to take
      place by a Rule is initiated by that Rule, and is called a Class
      I Transfer.

      A transfer which is required to take place by an Entity (other
      than the Rules) to which the Rules have granted the power to
      require Currency Transfers to take place is initiated by that
      Entity (_not_ the Rule which grants that power to that Entity),
      and is called a Class II Transfer.

      A transfer which is not required to take place, and which is
      instead the consequence of a Player's action, is initiated by
      that Player, and is a called a Class III Transfer.

      For the purpose of this Rule, a Rule, or an Entity other than
      the Rules to which the Rules have granted the power to require
      Players to perform actions, which requires a Player to initiate
      a transfer is _not_ requiring the transfer.  Such a transfer is
      a Class III transfer initiated by that Player.  This Rule takes
      precedence over any Rule which would require a Player to
      initiate a transfer which is prohibited by this Rule.

      A Class I transfer is not permitted if there is no Rule which
      specifies a Player who is to detect and report the transfer.

      A Class II transfer is not permitted if there is no Rule, or
      Entity other than the Rules to which the Rules have granted the
      power to require Players to perform actions, which specifies a
      Player who is to detect and report the transfer.

      A Class II or Class III Transfer is not permitted if the
      Treasury from which the Currency is being transferred will
      possess a negative quantity of that Currency after the transfer
      has been completed.

      A Class III Transfer is not permitted unless the transfer is
      initiated by the Executor of the Owner of the Treasury from
      which the Currency is being transferred.

      This Rule takes precedence over any Rule which would permit a
      transfer prohibited by this Rule.

      The Recordkeepor of a Currency must be notified of a transfer
      involving that Currency within seven days, unless another Rule
      specifies a different time limit for reporting a certain type of
      transfer.  For a Class I or Class II transfer, the notification
      shall be made by the Player required to detect and report it.
      For a Class III transfer, the notification shall be made by the
      Player who initiated it.

      Class I and Class II transfers take place at the time they are
      required to take place.  Class III transfers take place at the
      time they are reported.

[CFJ 793: Notification may take place as part of an Official Report to
 the Public Forum.]

History:
Created by Proposal 1601, Jun. 19 1995
Amended(1) by Proposal 1649, Aug. 1 1995
Amended(2) by Proposal 1702, Sep. 1 1995

----------------------------------------

======================================================================
Decision of Justice Murphy: FALSE

> Assigned to Murphy as Justice.
                       ^
Insert "Poetic" right here.

I Judge this Statement FALSE.  Again.  And it's even got legal force this
time, even if said "force" is merely to make a known decision unanimous.

>From Morendil's Argument:
> If the Player who must d/r a transfer (in the case of a Class I
> transfer) or the Player who initiates it (in the case of a Class III
> transfer) violates 1472 in not reporting a transfer within seven
> days, then that transfer obviously was not "done in accordance with
> the Rules". Unless a higher-MI Rule requires this transfer, or a
> lower-numbered Rule explicitly claims precedence, Rule 1472 makes
> such a transfer illegal.

>From Andre's appelate comments:
> Is the notification of the transfer of Currencies
> between Treasuries part of the transfer, or is it a separate obligation which
> only is CAUSED by the transfer? If it is indeed part of the transfer, then
> indeed such is necessary to make the transfer legal, and 1472's timing issues
> apply. If however the notification is not part of the transfer per se, but
> only an obligation caused by it, a transfer will happen, even if its
> notification to the Recordkeepor of the Currency is done wrongly or not at
> all, so any breaking of 1472's timing requirements does not make the transfer
> illegal or ineffective.
[snip]
> If we take the second Paragraph given by the Caller in eir Arguments, such
> a report can take place AFTER the transfer has taken place. So it can never
> be a part of it. Therefore I judge this CFJ FALSE.

It is my belief that the transfer and notification are separate events for the
reasons noted by Andre, that Morendil's assumption (violation of notification
requirements by a Player implies violation of the Rules by the transfer) is
false, and thus that the Statement is false.

Respectfully submitted,
Judge Murphy

-------------------------------------------------------------------------------
Ed Murphy, K.S.C.                      http://www.ee.tulane.edu/ford/index.html
mailto:ford@ee.tulane.edu        "I didn't lose my virginity.  I eradicated all
#include <std/disclaimer.h>       traces of its existence."  -Mona Mayfair