Goethe wrote:

> On Sat, 8 Nov 2008, comex wrote:
>> It was ehird who said: ""X was intended therefore X is what is true"
>> is so awfully against
>> any spirit of Nomic that I can't even begin to comprehend it.", and
>> Goethe who let the spirit of a contract influence eir inquiry
>> (proto-)judgement.  (But pardon me if I myself misunderstand.)
> 
> Actually, I was talking about definitional qualities, ehird put words
> in my mouth in claiming I was speaking strongly of "spirit of the
> contract" though I may have mentioned the phrase.  I think Murphy had
> it clearer.

Except for, yes, mis-remembering who was on which side.

> Basically, my argument was not limited to contracts and applies equally 
> to rules.  It says that if the role of The X is defined in the Rules as
> being a position with certain abilities and properties, and a set of 
> contract clauses *or* rules say:
> 
> "1.  Entity A is The X, but has none of the properties or abilities 
>      that the rules say constitutes having the role of X."
> "2.  Entity B has the properties and abilities of being The X, but 
>      is not the X."
> 
> Then there are circumstances that we would say "B is actually the X 
> as it is truer to the spirit and *content* of the definition of X *in 
> the Rules*.

ehird, with the position explained this way, do you still disagree
with it as vehemently?

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