Judex Front Gate

[Scott of Hyperborea]

Your Arbitrariness, may we who are not allowed to speak in the courtroom meet here at the Judex Front Gate to talk about trials and what we think?

[Bacchus]

Of course, and thanks for not just going right ahead and saying what you had to say in the court thread. And at any rate, if discussion becomes silly in this thread, it can always be moved to the Shrine of Controversy, right?

[Scott of Hyperborea]

Good. Then I'd like to make the following comments on the current trial:

There is no law against using derogatory and offensive terms. There is also no law against insulting the Kaiseress. Neither of these are nice, or good ideas, but you can't sue someone for doing something you don't like unless it's against the law.

There is a law against disobeying the Kaiser (Chapter VIII, Section F, Subsection 1, Subsubsection b) but it specifically says "disobeying a direct order". The Kaiseress did not make a direct order to Jess not to edit his post, therefore, the post-editing was legal. Arguably the Kaiseress did make a direct order that Jess watch his language, but it is questionable for two reasons: one, it was not obviously a Kaiserial order and not a personal request, and two, it was too vague to have legal standing (eg if the Kaiseress said "be nice", the Kaiseress could not later accuse Jess of breaking the law if she thought something he said wasn't nice)

XID2 authorizes the Kaiseress to be a board administrator, but this law was fulfilled when the Minister of the Interior successfully put Anandjia's name on the administrator list. XID5 authorizes administrators to change, archive, and delete forums. Neither states that no administrator may have their posts edited, or create a crime of editing an administrator's posts.

This is not just a technical point, but an important part of our feudal system. If I go into Yardistan and start bothering people, or if the Duke just doesn't like me for some reason, he has the right to block me from Yardistan, edit my posts, or simply delete them. This is his ducal prerogative, even though I am an administrator of the board. If this prerogative were to be taken away, ducal sovereignty would be compromised in the case of me, Ari, Erik, and a few government officials.

The Kaiseress has the right to order Jess not to use foul language using formal, legal channels (probably an Imperial Decree or Imperial Proclamation, although a case could be made for other methods). She may also have the right to simply block or ban Jess using her administrative powers for any reason or no reason at all. And she has the right to (again, probably with Decree or Proclamation) order him not to edit her posts.

However, until this is done, Jess cannot be accused of violating the laws, but only good taste, basic decorum, common sense, and the minimum bar for belong to a civilized society.

[Kaiseress Anandja I]

I consider the case more of a trial run (haha, unintentional pun). I will let the Arbiter interpret how we can apply the law.

[Bacchus]

Scott, thank you for that.

I have an opinion on this which I suppose I could make official as Arbiter, but I don't see a need.* The smackdown has already taken place, and of an important precedent we have been reminded, far more significant than any rule regarding editing of posts within a feudal structure; mess with the Kaiseress, get a smackdown.

*Though if the Kaiseress would like to hear that opinion I will of course tell all.

[Kaiseress Anandja I]

I would love to hear your opinion, dear Arbiter.

[Bacchus]

Then give it, I shall.

Given the evidence provided by the Inquisition, it is quite impossible to argue that Jess didn't do anything. It is clear he did several things: 1) he edited the post of someone else in his Duchy 2) he edited a post of the Kaiseress 3) he used foul language 4) he used foul language after being directed by the Kaiseress to stfu. Points 1 and 3 are perfectly legal; the legal stickiness comes in when we're talking about actions against the Kaiseress, or the Administrator of the board.

However, until this is done, Jess cannot be accused of violating the laws, but only good taste, basic decorum, common sense, and the minimum bar for belong to a civilized society.

Adventurously, I would have considered Jess for a charge specifically mentioned in the Lawbook.

1. Posting Privileges.
a. All micronationalists who have not been convicted of a crime in Shireroth, deemed unusually annoying or threatening to state security will be allowed to make an unlimited number of posts. Any DEFCON status declaration by the military above the lowest level will invalidate this provision until the DEFCON status is lowered back to normal.

Essentially, this provision justifies the Kaiseress' call for a posting restriction on Jess. I can go into it, but it's quite self-explanatory.

The matter of the "leader of each forum" issue is an interesting one for me as Arbiter. I believe that a good case could be made for either side that the "leader" of a forum should not have zir posts edited. I believe the Landsraad should look into drafting a Bill to explicitly state either way whether it is the right of a Duke to be able to edit the posts of the Kaiseress. However, given the vagueness of the Law, one must partly consider the context and partly consider the intention of the lawmaker. The context is that Jess has edited the post of the leader of the forum to include profanity, simply to spite and insult him. The intention of the lawmaker is of course debatable, but I would argue that had this scenario been taken into consideration, a better throught-through section would have included a detailed reference to the illegality of what has transpired here.

Finally, let me make it clear that I believe the Kaiseresses' justification for the exemption from the Malicious Acts provision of the Lawbook is acceptable.

Therefore based purely on the arguments of the Inquisitor and my own research, I would have handed down a guilty verdict and then some had this trial been followed through with. That said, it didn't, so the matter is irrelevant. I would not hold this post as precedent for any further decision.

[Kaiseress Anandja I]

Well argued, Bacchus. Now I know that the Judex is in good hands, and that has nothing to do with you agreeing with me. Just for your information, but I am sure that you are already aware of it, you may appoint an Assistant Arbiter should you want to.

[Bacchus]

Thank you for your kind words, Your Niftiness. Of course- let me make this clear to both you, my Kaiseress, and to everyone in Shireroth- as Arbiter, I understand the importance of my independence. I will not be afraid to challenge either the Landsraad or you, the Kaiseress, if actions are made that are unlawful. The law must come first- and I hope you do not take offence, my Kaiseress, but instead understand my stance.

[Kaiseress Anandja I]

I expect you to respectfully point out any legal issues that arise from my actions. I don't want a lap-dog Arbiter. With that said, that doesn't mean that I will automatically adhere to your opinions, but I will certainly take them into consideration.

[Erik Mortis]

I might argue that editing a Kaiser's posts is tantamount to direct violation of the Kaiser... It's trying to assert authority over the Kaiser, thus perhaps even being treason....