I sent this to the business mailing list, but it’s not showing up on the 
website archive... sending it again in case it didn’t go through. 

Begin forwarded message:

From: "D. Margaux" <dmargaux...@gmail.com>
Date: October 16, 2018 at 3:37:19 PM EDT
To: agora-busin...@agoranomic.org
Subject: Reinstated CFJ Decision re Left||Right

I have revised the Left||Right proposal CFJ decision, and I re-issue it as 
follows:

***

CFJ judged TRUE:  "At least one person won the game as a result proposal 8097 
taking effect."

Judge's Arguments: 

The text of Proposal 8097 (reproduced in full in the Evidence section) is split 
into two sections by a horizontal line of double pipe marks (||).  The left 
side of the proposal contains text purporting to mark the entire right side as 
a comment; the right side contains text purporting to mark the entire left side 
as a comment.  The basic question presented here is what, if any, text in the 
proposal is a comment and what, if any, text is actually operative. 

Rule 2429 (Bleach) provides a promising, but ultimately unsuccessful, method of 
cutting the Gordian knot.  That Rule provides that "[r]eplacing a non-zero 
amount of whitespace with a different non-zero amount of whitespace is 
generally insignificant, except for paragraph breaks."  Potentially, applying 
Bleach could permit us to transform this language: 

> In this proposal, any text to the   || In this proposal, any text to the 
> right of double pipe marks are      || left of double pipe marks are 
> comments with no effect.            || comments with no effect. 

into this nonsensical language: 

> In this proposal, any text to the || In this proposal, any text to 
> the right of double pipe marks are 
> || left of double pipe marks are comments with 
> no effect. || comments with no effect. 

If that were permitted, then we presumably would ignore the nonsensical 
statement above, and the rest of the Proposal would operate as written. 

In my view, that interpretation does not work.  The Bleach Rule says that the 
substitution of differing non-zero amounts of whitespace is _generally_ 
insignificant--implying that it is not _always_ insignificant.  This is, in my 
view, one situation where the substitution of whitespace is significant.  In 
particular, when viewed in plain text, an ordinary Agoran reader would perceive 
the pipe-marks splitting the proposal down the middle, and would read each side 
separately.  That effect is created by the use of precise amounts of 
whitespace.  Adding or subtracting whitespace in this case would fundamentally 
change what the text signifies to an ordinary Agoran reader and is, therefore, 
quite literally "significant."

Applying the definition of "comments" in Rule 106 (Adopting Proposals) provides 
a more sound method of determining the effect of this proposal.  Under that 
Rule, "[c]learly marked comments are considered removed from the proposal 
before it takes effect, unless otherwise stated by the proposal."  In CFJ 3659, 
Judge Aris recently addressed the meaning of the word "clear," suggesting that 
"the word 'clearly' can mean 'unambiguously,' but just as often it means 
'obviously.'"   

In this instance, each side of the Proposal purports to "mark" the other side 
as a comment that should be disregarded; and both sides cannot simultaneously 
successfully mark the other as a comment, because then all of the text that 
performs the comment marking would itself be removed from the Proposal, thereby 
unmarking the previously commented text. Nor is it obvious or unambiguous, from 
ordinary language, game custom,or any other source, whether the left side 
should take priority over the right, or vice versa. 

In light of that situation, it is my view that the Proposal taken as a whole 
does not unambiguously or obviously mark either side as a "comment," and as a 
result, no part of the Proposal is a "comment" to be removed before it takes 
effect. 

The next section of the proposal provides: 

> The following players win the game: || The following players win the game: 
>  Corona                             ||  Publius Scribonius Scholasticus 
>  Cuddle Beam                        ||  VJ Rada 
>  Trigon                             ||  Murphy 
>  G.                                 ||  omd 
>  Aris                               ||  twg 
>  ATMunn                             ||  D. Margaux 

Because there is no successful comment marking, it is my view that both the 
left and right sides of that text is operative.  

This leads to another question: CAN a player win the game by proposal?  Under 
Rule 106 (Adopting Proposals), "[w]hen a decision about whether to adopt a 
proposal is resolved, if the outcome is ADOPTED, then the proposal in question 
is adopted, and unless other rules prevent it from taking effect, its power is 
set to the minimum of four and its adoption index, and then it takes effect."  
As a result, a proposal CAN cause a player to win the game "unless other rules 
prevent it from taking effect."

It was suggested that Rule 2449 (Winning the Game) might "prevent" a win by 
proposal, but I do not believe it does.  Rule 2449 says that "[w]hen the Rules 
state that a person or persons win the game, those persons win the game; 
specifically they win the Round that ends with the indicated win."  Here, Rule 
106 is implicitly the "Rule[] [that] state[s] that a person or persons win the 
game," because it gives effect to a proposal that so provided.  In addition, 
Rule 2449 does not say that it is the exclusive means for players to win the 
game, and thus it does not "prevent [the proposal] from taking effect" under 
Rule 106.

One Rule, however, does prevent certain players from winning the game.  Rule 
2556 (Penalties) provides that, "Rules to the contrary notwithstanding, an 
impure person CANNOT win the game."  At the time of the proposal's passage, 
Corona, V.J. Rada, Murphy, Publius Scribonius Scholasticus, ATMunn, and Trigon 
were all impure, and under Rule 2556 they cannot win the game.

As a result, by passage of Proposal 8097, it is my view that Cuddle Beam, G., 
Aris, omd, twg, and D. Margaux have won the game.

JUDGED TRUE. 


Caller's Evidence:

> ////////////////////////////////////////////////////////////////////// 
> ID: 8097 
> Title: Left||Right 
> Adoption index: 1.0 
> Author: G. 
> Co-authors: 
> 
> 
> In this proposal, any text to the   || In this proposal, any text to the 
> right of double pipe marks are      || left of double pipe marks are 
> comments with no effect.            || comments with no effect. 
>                                     || 
> The following players win the game: || The following players win the game: 
>  Corona                             ||  Publius Scribonius Scholasticus 
>  Cuddle Beam                        ||  VJ Rada 
>  Trigon                             ||  Murphy 
>  G.                                 ||  omd 
>  Aris                               ||  twg 
>  ATMunn                             ||  D. Margaux 
> 
> ////////////////////////////////////////////////////////////////////// 



Relevant Rules: 


Rule 2429/1 (Power=1.0) 
Bleach 

Replacing a non-zero amount of whitespace with a different non-zero amount of 
whitespace is generally insignificant, except for paragraph breaks. 



Rule 106/40 (Power=3) 
Adopting Proposals 

When a decision about whether to adopt a proposal is resolved, if the outcome 
is ADOPTED, then the proposal in question is adopted, and unless other rules 
prevent it from taking effect, its power is set to the minimum of four and its 
adoption index, and then it takes effect. . . . Clearly marked comments are 
considered to be removed from the proposal before it takes effect, unless 
otherwise stated by the proposal. . . . 



Rule 2449/3 (Power=3)
Winning the Game

When the Rules state that a person or persons win the game, those persons win 
the game; specifically they win the Round that ends with the indicated win. . . 
.



Rule 2556/0 (Power=3)
Penalties

Rules to the contrary notwithstanding, an impure person CANNOT win the game. . 
. .

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