October Stuff

In honor of the coming holiday, a terrifying thought I had:

According to “The Blood-Brain Barrier” (and other incidental mentions elsewhere), it’s possible to target, edit, and alter the will if you know what you’re doing.

By implication, this means that it must be possible to *erase* someone’s will entirely with a personalized “nolitional” payload.

It would be an incredibly subtle and terrifying assassination method. Your target would be almost physically untouched and retain most of their sensory and cognitive functions, but the one thing that makes you a person would be as utterly destroyed as if you had taken a bullet to the brain-pan.

It’s certainly possible to build a p-zombifier, yes.

On the other hand, it’s not all that subtle (at least to societies that have sophotechnology, since coring out the logos will show up on a mind-state display like a claidheamh mor on a chest x-ray); and since – per the Cíëlle Vagary, etc. – logotic activity is most relevant in instants of chaotic choice, if you p-zombify Kim Jong-un, all you get is someone who can’t choose not to be Kim Jong-un. While not completely unuseful, leaving ethics aside for the moment, this is much less useful than one might think. 🙂

Given the emphasis on and discussion around the eldraeic take on “cold justice,” particularly in the recent post on the “Bonfire of the ‘Elites’,” I figured it would be appropriate to ask this one: Did the Empire ever develop anything parallel to the body of law and jurisprudence of equity (and its derived equitable remedies) that arose *here* from the English chancery courts that were established to “temper the rigor of the law”?

Equitable remedies have always been available in Imperial law, where applicable and just; unlike Earthling common-law systems (up until recently, in some systems), there has never been any distinction between law and equity. (Similar, although this is as imprecise as all Terran analogies, to the Scottish situation.)

(Not, of course, to “temper the rigor of the law”; if the law is just – and since the justification for the existence of the law hinges upon that it is just, which is to say, is as accurate a reflection of the Platonic ideal of perfect justice as possible – then any departure from the rigor of the law is, eo ipso, unjust. If the law is not just, then the only thing to do is change the law until it is.)

Okay, tomorrow morning AD, we have First Contact with the Eldrae. The day after, Corvus Belli gets access to an excellent intellectual property AI legal council and starts to put out the licensing and publication rights for their miniatures wargame, “Infinity”. They don’t make the mistakes that Games Workshop makes when trying to license their IP.

What would the game-playing public think of the game and how well would it do?

Don’t think I can commit to a position based on what the web alone can tell me, alas.

What would the eldrae think of [toppling] dominoes, seeing as they’re displays of entropy at it’s finest?

On the contrary, they’re lovely ordered complex systems producing a desired and desirable end result. Sure, they produce entropy as a by-product of their operation, but so does everything else: it’s a broken universe.

(On a related note, what of victims who become either implicitly or explicitly complicit in their own victimhood?)

I’m talking about, to use a specific case, the situation that Patty Hearst fell into where, after initially being kidnapped, she was so thoroughly reprogrammed that she actively aided and abetted her captors’ further illegal activities because, in her own words, “The thought of escaping from them later simply never entered my mind. I had become convinced that there was no possibility of escape… It simply never occurred to me.”

Unless you can prove reprogramming in the technical sense – thought-viruses, overshadowing, coercive fusion, bodyjacking, et. sim., such arguments do not gain you much sympathy. Because, y’know, you have free will and the capacity to choose – and whatever your position on that *here*, in the Eldraeverse not only will mainstream philosophers tell you that hard determinism is incoherent, but the sophotechnologists and physicists will chime in and point out that they’re only a skosh away from being able to point at the widget that makes it work – and can exercise them unless you’ve been technically deprived of that capacity (your hypothetical “nolitional” payload, for example), and so bloody well ought to have.

(If available, you would definitely be better off trying for the duress – committed-lesser-crimes-to-prevent-a-greater-one – defense, but it wouldn’t have been in her case.)

It doesn’t help much that the eldrae in general, being constructed differently and very disinclined to submission, do not see much Stockholm Syndrome, et. al., per the bottom answer here, and thus do not consider it part of “human nature” the way we do.  Here, that’s victimization that could happen to anyone; there, it makes you an undiagnosed parabulia case, and in the modern era, the Guardians of Our Harmony and your tort insurer both will be wondering how exactly you went undiagnosed for long enough for this to happen.

(And since you don’t grow up in a mature information society without learning something about memetics, or a philosophically mature society without learning some formal ethics, an inadequate memetic immune system is no defense either.)

This, naturally, flavors the sympathy you get if you victimized yourself, in much the same way as if you were an undiagnosed schizophrenia case; people feel bad for you because you’re fundamentally broken and need fixing. It also tends to evaporate much of it when the choice you made under its influence was to go from victim to victimizer.

Nor does the meme rehab prescribed in such a case excuse you from paying weregeld and reparations: you still chose and acted, and that’s still on you.

[As a side note, actually, the schizophrenic has a better defense available: if you shoot at your hallucinatory monsters and hit someone, you don’t have mens rea because you responded reasonably to the data you have. That’ll play for an insanity defense.]

(Continued from earlier…)

What, specifically, is the issue at stake that makes such a conclusion unacceptably psychotic? I can understand why they might object on grounds that it’s morally pessimal (to use your terminology from a previous discussion) not to “abstain from the very appearance of evil,” and how in a positivist sense it might be abnegated by an Imperial citizen-shareholder’s commitment to maintain a specific standard of what locally is defined as sanity,

I’m going to assume this has effectively been answered by the earlier comment on the layered shells of ethics.

but as for its applicability to the general mass beyond the confines of the Empire’s own reach, and particularly to a self-sovereign individual under no contractual constraints to behave otherwise:

Law is local (the Doctrine of the Ecumenical Throne notwithstanding, and in any case, that’s less of a legal principle and more of a good excuse); ethics are universal. The Empire’s citizen-shareholders are more than happy to export and apply – on a personal, non-legal level – their views on what constitutes virtue and lack of same to the entire observable universe.

(As a tangential aside — though one I’ll come back to later — it seems that this is the necessary justification that allows anyone, and not just the particular victim(s), to shoot and kill an offender for what we would regard as relatively petty offenses if they deem it necessary under Imperial jurisprudence.)

I note that you have the right to defend self, others, and property by lethal force in the moment; this doesn’t extend to a generalized hunting license for anyone who has committed a crime and who hasn’t been formally outlawed. (Although since everyone has the right of arrest upon probable cause provided that the alleged criminal is handed over forthwith to the Constabulary or to a Curial court for arraignment, crimes committed while resisting arrest can blur this a bit.)

As has been greatly emphasized elsewhere, the eldrae place a high value on informed consent in their dealings. How would they respond, however, to the idea that consent is not a thing that can merely be passively solicited, but something that can be actively manufactured or engineered — as espoused (and largely developed) *here* by men such as Edward Bernays (1)(2) — by controlling what information passes through the various filters and “gatekeepers” on its route from the source to the general public, and by dictating how that information is presented

I believe the relevant snarky soundbite is: “No-one can manufacture your consent without your consent.”

Or, possibly, “Isn’t that called persuasion?”

There are certain constraints on what’s permissible by way of information control (extraordinarily limited) and by way of bad information (prohibitions on YGBMs and basilisks, but also in re choice-theft on defamation, falsification of information, falsificiation of entelechy, claiming false attachment, assumption of false identity, etc., etc.; the freedom of speech is not the freedom to deceive). But inside those limits —

On the one hand, it’s a mature information society. Information is everywhere, from a million sources which have their own point of view on everything except the facts. Learning to sort through this for truth and picking out the intentional memegineering is a basic life skill; failing to do your due diligence and just believing any damn thing you’re told, especially if you outsource your cognition to one particular source, is a kind of wilful stupidity that receives absolutely no cultural respect whatsoever. (This is why, say, advertising is the way that it is *there*.)

On the other hand, of course people and their coadunations will try to persuade you of things, and dress up their ideas in the nicest possible attire. That’s how you get things done in civilized society when you can’t force people to do things your way; sell the product. Persuasion, advertising, memetic engineering, a little manipulation – these are the polite tools of a society that’s renounced compulsion, and are refined accordingly.

Incidentally, this is where some of those grayer eikones come in: the intrigant who can persuade people into an extended series of individually positive-sum interactions and, by doing so, achieve a greater goal is greatly respected for their social-fu. On the heights, this is how the Great Game is played.

Conveniently, it also encourages the play style in which everyone wins.

So let’s say that you’re a rookie vigilante righter-or-wrongs out on your first day. And let’s say that on your very first case, you honestly interpret the scenario in entirely the wrong way, and thus botch things in the worst way possible. Maybe the “thief” you caught red-handed was actually some sort of contracted retrieval specialist hired by the property’s true owner to recover it, and the building they were trying to break into was where the thief was storing it. Or maybe those robed thugs you blew away with gusto after you caught them accosting a defenseless old man were actually actors in a public performance of *Julius Caesar*.(*) Either way, while you can safely say that you acted without malice and with the best of intentions, you did exactly the *wrong* thing given the situation. What’s most likely going to happen to you once you go through the Imperial justice system?

Contracted retrieval specialists – or to give them their local name, asset repropriators – have v-tags and bonds, so that’s not a mistake you should make.

Anyway: assuming that everything is as it seems on the surface (i.e., you genuinely tried to do the right thing, you just fucked it up, and you weren’t negligently incompetent), you’ll have to pay the reparation – just not the weregeld. There won’t be meme rehab, either, because there’s no homicidal tendency to correct.

(This is standard procedure for cases whose intent is adjudicated as error in judgment/non-wilful negligence.)

((As a side note, this sort of thing is very unlikely to be someone’s career choice, given the local crime rates and Constabular efficiency. If you want to make a career out of unlikely scenarios, you’d probably be better off hanging out your shingle as a professional unicorn hugger, or some such. They’re much more likely to exist.))

 

Viriaz vs. Carlantanda

Viriaz vs. Carlantanda, District Court of the Lesser Rocks, 4001: In a case arising from an incident in which Viriaz was defrauded of several hundred esteyn by Carlantanda by means of the well-known “shell game“, respondent Carlantanda advanced that by the principle of long-standing custom (as seen in the brawler’s bar), and inasmuch as within delta of every sophont in the galaxy is familiar with the shell game, plaintiff Viriaz consented to play the game in full knowledge of its fixed outcome. Amicus briefs were filed for the plaintiff by the Baranithil Station Guide & Path-Pointer Association, and for the respondent by the Consequential Didaxis Non-Discouragement Faction.

The District Court found for the plaintiff, Justice Víënéra dissenting.

– Curial Summaries: Significant Historical Precedents in Imperial Law

 

Bonfire of the “Elites”

In today’s somewhat morose worldbuilding thoughts inspired by real-world events (in this case, the Harvey Weinstein affair, along with an endless parade of abuse-of-power stories courtesy of Sheriff Joe, the Chicago City Council, the Arizona Dept. of Corrections, etc., etc.), one really does have to wonder what the judicial death toll is among the powerful so-called “elites” when the Empire annexes or protectoratizes somewhere less, um, serious about notions like the rule of law, the equal protection of same, and actually meaning what it says about Liberty and Justice for All.

“All debts must be paid.”
– official motto of the Curia

“I approve this message.”
– Tywin Lannister

 

libertyandjustice

This image inserted to lighten an otherwise serious post.

 

After all:

  • The Ministry of Harmonious Serenity doesn’t care whether you want to press charges or not – it might, assuming you are mentally competent, concede that you have a right to waive weregeld and reparation owed to you, but you can’t forgive a crime against the Contract and the Charter, since you don’t have standing to do so;
  • You can’t bullshit an alethiometer, and its measure of truth has nothing whatsoever to do with your “credibility”, relative or otherwise;
  • The cyberjudicial AI may Know Who You Are, but to its intellect vast and cool and unsympathetic and defined by the predicates of the law, Who You Are means exactly nothing;
  • (You can’t bribe it, either – and even if you could figure out a way to, it couldn’t accept it since its entire decision process is entered into the publically-auditable court record.)
  • Nor does it give freebies based on your career prospects, talents, pretty face, or supposed one-offness of your special crime – or, indeed, any other circumstances. You can plead duress or justification if those apply, which will be taken into account, but the algorithm was written with the Equal Protection and Application of the Law in mind, and Thus Hath No Fucks To Give about anything that doesn’t bear directly upon the events in question.
  • And there is no pardon power to be wielded on your behalf, since – for the same reasons as the victim cannot forgive a crime – it can’t exist; holding office by virtue of a Mandate descending from the Contract and the Charter, even the Imperial Couple and the unanimous Senate in all their majesty and dignity lack standing to pardon crimes against them.

Basically, should you call down upon yourself the attention of the mills of justice, they grind exceedingly fine, and they aren’t terribly slow about it, either.

“What’s the difference between God and the Curia?”
“God forgives.”
– overheard in an Encystment Facility

This is, for those counting non-Utopian features, accounted horrific by everyone who is very keen on Justice in the abstract, but are substantially less so when the prospect of their own actions being judged according to an objective standard of such might actually be realized.

(The Empire finds this position about as eye-rollingly contemptible as that of all the people who are very keen on Liberty in the abstract, as long as no-one actually uses it for anything they disapprove of or don’t understand.)


In terms of more serious dark sides, however, there is one, and it’s called misprision of felony.

For those not familiar with the term in its Earth context, it was a common-law offence making it a crime to fail to report knowledge of a felony to the appropriate authorities; exceptions being made for close family members of the felon and where the disclosure would tend to incriminate the reporter of that offense or another. It’s also currently been mostly dropped except for people who have a special duty to report a crime.

The Imperial version is essentially the same, but without the exceptions – because so far as it is concerned, upholding the law is a duty that comes along with being a citizen-shareholder, and mere sentiment does not foreclose that.

Now, by and large, the Empire has – in its own territories – much, much less of a problem with people coming forward about these things, because the justice system has the reputation that it has for delivering on its promises. (And also because the general public doesn’t have its head wedged firmly up its ass, culture-wise.)

But where and when that doesn’t happen –

Yes, it is possible (and it has happened) for the victim of a crime to be charged with misprision of felony for not reporting it. Because as stated above, you don’t have standing to forgive crimes against the Contract and the Charter, and by allowing the perpetrator to escape justice – and thus be free to prey on your fellow citizen-shareholders – you’re violating the Responsibility of Common Defense.

This stringency is, of course, horrible.

It’s just also… just.

The just heart is always cold.
– traditional, source unknown

Snippet: Legality != Approval

“One of the chief problems with some cultures’ attitude towards professionalism is that it prevents their courts from issuing opinions such as – to quote Mandatory Benevolence Association vs. Suld – ‘This court must affirm that the defendant possesses an unalienable derived right to be, if he so wishes, a bigoted sack of contaminated crap.'”

– Presiding Justice Madrasi Koiric, Court of the Beyond

 

Question: Plea Bargains

Y’all get May’s first question the day it arrived, ’cause it’s an easy one:

So what would Imperial jurisprudence make of the notion of the plea bargain?

Sarcasm, mostly.

The way the more dyspeptic members of the College of Judicature would put it, there are two possible outcomes from a plea bargain as various polities practice it:

The one is that a guilty soph gets away with the due consequents of a lesser charge instead of the appropriate one, which is obviously contrary to all principles of justice and balance.

The other is that an innocent soph is railroaded into compensation, weregeld, and so forth for fear of the consequences of a greater charge if mistakenly found guilty, or by the cost of mounting a defense. Which is even more contrary to all principles of justice and balance, even if they were to accept the notion that this isn’t the actual intent of the system – namely, to provide cheap and quick “justice theater” in lieu of the more challenging task of providing actual justice – which proposal they find risible on its face.

And to sum up, any “justice system” that incorporates the notion has lost all right to be called such without, at the very least, emphatic sneer quotes, and any misbegotten wight proposing such an abomination in their justice system should rightly call down the wrath of Saravoné Herself, descending from the Twilight City in fire and fury to beat aforesaid wight soundly upside the head with Her scales until all the stupid has left the building.

Cough. Readjust monocle.

…so, um, they don’t care for it much?

 

Sold For Educational Purposes Only

“Be advised that the operation of transmitters or other equipment designed to jam, block, corrupt, or otherwise interfere with communicative signaling in the bands allocated to multipurpose mesh networking (see Electromagnetic Spectrum Global and Regional Allocations, latest edition) is a violation of the Free Communications (Trusteeship) Act (1462), as amended. This Act prohibits, enjoins, and binds by law any sophont from willfully interfering with mesh network communications of any type, proprietorship, format, protocol, or purpose carried out over the aforementioned frequency bands.

“Sophonts and/or coadunations in violation of this act shall and must be subject to the penalties provided for under the Act, including but not limited to fines beginning at one sur-doceciad esteyn and scaling geometrically with volume affected, full compensation of costs for all affected parties, and memetic rehabilitation and reconditioning.

“Be further advised that, inasmuch as multipurpose mesh networking protocols are used to fulfil a variety of essential infrastructural and personal safety functions including but not limited to smart grid coordination, health monitoring, emergency response, road-grid and vehicular coordination, et al., the Actions Willfully Prejudicial to Public Safety Act (710) empowers the Imperial Emergency Management Authority to order the immediate destruction of the aforementioned equipment by whatever means it shall deem necessary in order to maintain these functions. Since the act of operating such equipment is classified as a violation of property rights in spectrum with intent, no compensation is due or will be paid for collateral damage to other properties of the equipment operator.”

– a rather important warning label

A Question Grab-Bag

Clearing the decks on a scale that is large…

So after many back-and-forth sessions involving questions and answers, I’ve gotten the impression that in eldraeic morals and ethics, there’s essentially a continuum with “coercion” at one end, “ideal enlightened self-interest” at the other, and in between a fairly broad space of behavior which, while certainly unpalatable to a large number of people, technically isn’t forbidden as such.

This might be a useful point at which to discuss the difference between ethics and morals in their terms, for which it would be useful to invoke RFC 2119 terminology.

Much like that, it’s a three-level system.

  • There are matters of the fundamental deontology, which are MUSTs and MUST NOTs;
  • There are matters of arêtaic ethics, which are SHOULDs and SHOULD NOTs;
  • And there are matters of morals, which are MAYs and MAY NOTs. (Well, sort of: in the sense that morals are personal and supererogatory rather than essential and obligatory, if you will.)

Such unpalatable behaviors generally fall into the second level.

It’s also rather apparent that the eldrae themselves (and other people like them) probably occupy the extreme high end when it comes to wisdom and foresight with all the technological powers they’ve essentially gifted themselves with. Among those powers comes, essentially, something that would come eerily close to precognition to those not similarly gifted.

With that in mind, a few additional questions:

1. How do those who advocate the principle of non-coercion account for the fact that some people can better predict another’s most likely response to a particular stimulus better than the target themselves can, or have different willpower and self-control reserves?

By and large, on the former, they don’t feel the need to. Your consent is not vitiated by your merely being predictable. (If it was, it’s hard to see how dull people could be interacted with at all.)

On the latter…

2. In particular, what’s the eldraeic take on temptation? Obviously you’re ultimately responsible for your actions and yours alone, but is willfully, continually, and deliberately expose someone to a stimulus for your own ends while knowing that their indulgence may destroy them or end with them in an exploitable position — even if it only comes about “by their own free choice” on the surface according to a technicality — recognized as a form of coercion in and of itself?

…only if it’s a targeted superstimulus, such as something exceeding voluntary persuasion thresholds, or the sort of thing used by a certainty-level persuasive communicator, because those amount to ways and means of rooting your brainz.

Mere weakness of will is a personal defect, not a cause of action. You should work on that, or failing that, go see a psychedesigner and have that fixed.

(After all, you can always walk away. They have the freedom of speech, not the freedom to make people listen to them.)

3. Roughly where does the dividing line between “coercion” and “acceptable-if-pernicious exploitation of another’s flaws and failings” lie?

The bright line is very clear: it’s coercion if it violates the principle of consent, specifically, to quote:

No sophont may act upon the person or property of another, except through the other’s memetically-shared consent, in response to an action-correspondent memetically-shared request.

For legal-ethical purposes, a meme is considered a unit of information expressed through symbols: e.g., writing, speech, farspeech, infographics, Uniglyphics, or other symbols with a broadly published, specific meaning enshrined through law, contract, or long-standing custom, such as the knotted club or spacer’s marlinspike that identifies a brawler’s bar.

Imperial law distinguishes this, thus, from direct or indirect manipulation of another’s mind by mechanisms which do not pass through the cognition, ethical function, and self-awareness of their mind, and thus deprive them of the ability to act accordingly; this constituting choice-theft.

Imperial law further requires that the memetically-shared request correspond accurately to the action consented to, and therefore communicate the request properly to a reasonably informed listener; non-informed consent, in Imperial praxis, is no consent at all. Likewise, implicit consent, based on extrapolations of meaning and/or symbols whose meaning the reasonable person would not be aware of, is not considered valid.

…that sets the limits of MUST NOT. There are any number of things that you SHOULD NOT do that you can still theoretically persuade people to let you do (assuming they weren’t that bright, slept through Bad Ideas 101, ignored their pocket obligator software, and didn’t subscribe to any reputation networks) but this is the limit of MUST NOT.

To finally sum up this line of thought along with related ones raised elsewhere: Ignorance, inattention, uncompensated Dunning-Kreugerism, careful avoidance and/or bypassing of the mechanisms designed to cull bunco artists out of civilized society, et al. et seq. will let people determined to screw you, screw you.

Insofar as people think about this particular issue, it’s not a bug, it’s a feature.

On the grounds that anyone this careless about their talcoríëf is a walking disaster just waiting to happen any way you slice it, and therefore it’s better that it happens to them sooner rather than later, and consequently, on a larger scale and with more other parties involved.

…oh, one last side-note:

After all, full sanction only truly works against those who depend on others to supply their own essentials — and we are talking about a universe where, even if your support staff up and quits on you because you’re under sanction, you could (with enough resources, fabricators, and knowledge base at your disposal) simply replace them outright with self-forks, greenjacks, and non-sophont automatons that you own outright. And even full sanction amounts to little more than a mutual recognition of the status quo when you’re the one who owns the food, the ore stockpiles, the roads, the utilities, etc.

If being placed under sanction makes annoying, dysfunctional people wrap themselves up into a tiny little autarkic bubble where they can basically live off their existing capital so long as it lasts while playing happy-happy games with themselves and not bothering anyone else…

…that is a win for the social enforcement mechanism. You’ve taken your ball and gone home; hope you enjoy playing with yourself; don’t let the door hit you on the ass on the way out.

One: Do the eldrae have any sort of concepts analogous to “pay it forward”? Is stipulating that an obligation can be discharged not by direct compensation, but by instead performing the same or an analogous action for a future (and often unspecified) third-party beneficiary, something they recognize as valid? If so, how common (relatively speaking) are exchanges of this sort in the Imperial / Associated Worlds “contractual ecosystem”?

You can contract that, sure. (Under Imperial law. From aspects of various questions, I get the impression that you think that contract and other law across the Worlds is much more harmonized than it actually is: apart from the basics defined in the Accord on Trade which concentrate on letting different systems interface with each other, they can vary quite radically between polities, and thus choice of law is important. Certainly, a lot of entities from outside the Empire like to specify its law as their choice of law regardless, since it manages to be both flexible in definition and rigorous in application where contractual matters are concerned, but it’s by no means equivalent to a galactic standard.)

It’s considered quite useful, as a self-replicating means of having one’s will done, although the wise contractor will include some sort of appropriate termination condition and a smart-contract monitor, inasmuch as for the former, few things remain relevant indefinitely, and for the latter, one should remember that a party undefined at time of contract cannot enforce said open-ended contract, because they aren’t party to it yet.

I have no idea how common they might be; the contractual ecosystem is a seething mass of arbitrarily many arbitrarily defined types of contracts, so that would be nontrivially quantifiable even if I had a basis to quantify it. There are “some”.

Two: On a semi-related note, how common are (for lack of a better way of putting it) self-replicating contracts? Can a contract stipulate specific terms, conditions, and forms that are encouraged or prohibited when subcontracting part of the obligation out, including a recursive replication of the subcontracting restrictions clause itself? (To keep it short and sweet, can a contract essentially say “All subsidiary contracts made in pursuit of the terms of this contract must be devised according to the same format and with similar stipulations as this one”?)

Sure. That’s basically standard form for things like, say, non-disclosure clauses which you wish to bind not only your contractee but whoever they might contract with in the course of execution also. (Naturally, the more you bind the means, the less appealing your contract is to potential counterparties, but that’s a negotiated-reasonability issue that’s easy for reasonable sophs to work out between themselves.)

I also feel that I may save some time here by stating outright that the default answer to questions of the form “Can a contract…/…as valid?” is Yes for essentially anything that doesn’t directly contravene the Contract (or, by virtue of previous contract, the Charter). Exceptions to this are very rare indeed.

When it comes to saying things that need to be said but that you know the listener isn’t going to want to be hear, is it better to be polite or to be frank — inasmuch as there may be situations where adherence to the formal protocols of politeness may obscure the (real or perceived) urgency of your message?

Be polite. This is for two reasons:

First, the notion that you can’t be polite and frank/urgent at the same time is one of those products of having a tragically inadequate language, that doesn’t have evidentials and attitudinals and other features designed to convey exactly this sort of information.

Second, while not strictly true in a logical sense, it is heuristically true that rudeness is strongly correlated with poor argumentation and outright dark-side epistemology, and as such it is generally accepted throughout the Core Cultural Region that it is rarely worth listening to anyone who cannot comport themselves with appropriate propriety.

Which is not to say that you cannot be cutting, snarky, or indeed Sophisticated As Hell, as well as simply purveying unwanted truths, but the sophisticated part is not optional.

Does Imperial law have anything analogous to our “Son of Sam” laws?

No, principally because there’s never been a need. People who would otherwise be in a position to make money from publicizing their crime are generally either (a) too dead to do so, or (b) not prone to do so because they’ve been through meme rehab. Either way, it’s not been a significant issue.

The eldrae’s perspective on causes of action related to fraud and physical coercion have been expounded on at length, but what about mental and emotional coercion? Does Imperial law have anything analogous to “negligent” and/or “intentional infliction of emotional distress”?

No, for two reasons. The first is that what they might see as legitimate applications of our tort by that name are already covered. To use a couple of examples from Wikipedia’s article, there is “The common law tort of assault did not allow for liability when a threat of battery was not imminent,” a defect which the Imperial law’s tort of assault does not suffer from on at least two different grounds; and “An example of an act which might form the basis for a claim of intentional infliction of emotional distress would be sending a letter to an individual falsely informing the person that a close family member had been killed in an accident,” something which there is illegal under the tort of falsification of information, and possibly a species of fraud. Other things might fall under, say, defamation, anharmonic indecency, etc., etc.

Those things that aren’t – i.e., don’t have an actual tortuous act at their core – well, they’re fluff. You don’t have a right not to be outraged, and you certainly don’t have a legal remedy for anything that isn’t unquestionably mala in se, not just mala in percipi.

A pair of somewhat related questions pertaining to the eldrae and their Blue and Orange Morality:

One: What would the eldrae think of the “seven deadly sins” and the corresponding “heavenly virtues” if they were introduced to them? Much has been said directly about their takes on pride and greed, and there’s plenty of indirect evidence for their probable takes on lust and sloth, but I’d be interested to see an in-depth treatment.

(I’m also curious as to whether they might actually see certain “opposed” virtue-vice pairs as actually being complementary, not conflicting.)

Well, let’s see. (And in short, obviously, because there would obviously *there* be a lot of written thought about such things, not all in agreement and suitable to ready summarization in a single in-depth blog post.)

First, it is perhaps worth listing the Nine Excellences, which are the closest equivalent to the virtues, although not all that close. These are: Unity (or self-integrity, perhaps); Honor (including within its scope the minor virtues of justice, truth, and clemency); Duty (including the minor virtues of liberality and tenacity); Courage; Harmony (including the minor virtues of beauty, courtesy, refinement, and the appreciation of excellence); Right Action; Liberty; and Dignity (including the minor virtues of pride, propriety, and temperance). There is no equivalent list for the vices; the Antithetical Heresies are manifold, inasmuch as there are always many more ways to be wrong than to be right, and in any case, are mere defects in the virtues. (As we’ve covered previously theologically speaking, evil, or Entropy, rather, has no essence of its own; it’s merely a distortion of a thing’s true essence.)

Second, it’s also worth mentioning a key philosophical note as expounded here: the empowering balance of passion and reason, talcoríëf and valxíjir, and the ideal encapsulated within, that of dispassionately and cold-mindedly choosing a course of action, and then carrying forth that action with absolute passion.

That done, let’s examine the sins in pairs with the virtues, as is often done:

Gluttony and Temperance: Now, temperance is also among the Nine Excellences, but with not quite the same meaning. After all, as the Word of Cinníäs puts it, “Lack is the greatest intemperance.” Ain’t nothing wrong with pleasure: eat, drink, be merry; sate yourself with all the world’s delights. These are the proper rewards of prosperity earned.

Temperance, if you ask the Prince of Wine, is defined as avoiding harming yourself or others (don’t be a mean drunk!), becoming a slave to addiction, or losing the proper joy in your pleasures. Abstemiousness for its own sake or for the sake of some notional “moderation” is pointless.

Greed and Charity: “Greed, for lack of a better word, is good. Greed is right. Greed works. Greed clarifies, cuts through, and captures the essence of the evolutionary spirit. Greed, in all of its forms; greed for life, for money, for love, for knowledge, has marked the upward surge of [sophontkind].”

– inevitable quotation at this point

Because, well, obviously. Greed and its handmaiden ambition are the spurs from which greatness and achievement in general come. Were it not for greed, desire, and ambition, people would still be living in caves and shitting in the woods. The Empire, great and glorious beyond all greatness and glory, didn’t achieve its current exalted state by modest means through modest ends – it achieved it by the starkly rapacious pursuit of awesomeness.

Or, to put it as one of the more colorful books addressing the topic might:

“What do you get if you disdain greed an’ ambition? Bunch of jackasses sitting around on their planet flippin’ each other off, writin’ smug little tracts about the naturalness of mortality and the moral superiority of poverty, wastin’ perfectly good extropy while the future passes them by. Their home biospheres must be so embarrassed to give rise to such perfect, unadulterated wankers.”

– Fíërí Lariantinos,
author of Fuck Me, Would You Look At These Assholes?
(approximate translation)

Now, sure, greed may inspire some people to wrong actions various, but that’s not greed’s fault, now is it? There is pretty much no notion in the world that can’t inspire wrong actions if misunderstood, and people who turn to theft and fraud and suchlike are not wrong for being greedy, they’re doing greed wrong.

So far as the charity side of things is concerned? Imperials do not approve of charity in the traditional theological sense, inasmuch as that sense implies self-sacrifice (not a popular notion; you can buy things with yourself in their praxis, but it’s an unfortunate and unavoidable necessity to be avoided whenever possible, not a virtue!) and other aspects of Comtean altruism. And, indeed, the nearest local equivalent of the Parable of the Widow’s Mite ends with the lesson that it is unwise to give away that which you need to take care of yourself, and that the eikones do not expect it of you.

On the other hand, you will note liberality listed among the virtues of the Nine Excellences, and indeed, liberality, generosity, and open-handedness are very much considered laudable. On the gripping hand, they are also considered to form very much the complementary pair with greed, since one’s capacity to be generous depends very much on one’s capacity to generate. They are two virtues, therefore, best practiced in conjunction.

rarity-my-little-pony-friendship-is-magic-20570179-570-402

tl;dr Rarity is best moral exemplar.

Lust and Chastity: Yay, lust! (See gluttony for pleasure and greed for desire, basically.)

Well, okay. Imperials are also very keen on some aspects of chastity. Discretion, which is the excellences of Dignity and Harmony. Honesty in relationships, as elsewhere. Commitment. The bounds of one’s obligations.

But within the bounds of obligation, commitment, and discretion, it’d be a sad and sorry thing if there weren’t some lust, now wouldn’t it? This is one of those talcoríëf-valxíjir each-in-its-place scenarios.

Sloth and Diligence: Sloth is spiritual Entropy, period. Often, specifically, the Antithetical Heresy of the Deedless Cripple. That’s a terrible, terrible sin indeed.

As far as diligence goes, though, they would say that that doesn’t go far enough. Diligence is merely doing what one ought do. By contrast, the excellence of Right Action implies not only that one should do what one ought do, but one should also strive to do more. Being content to only do what one ought do is itself a minor kind of, well, slothfulness.

Wrath and Patience: The only sinfulness of wrath, an Imperial would say, is that if you haven’t had your neurochemistry properly adjusted, wrath makes you stupid. Typically in ways that cause one to strike the wrong target, cause collateral damage, wander off into evil areas like torturing your enemies to death or harming innocents to hurt them indirectly, and/or get your damnfool self killed.

But once you have cold-mindedly ensured that you have the right target and have done the proper strategic and tactical planning, then go ahead and strike down upon those who attempt to poison and destroy your brothers with great vengeance and furious anger, and other colorful metaphors. It is… appropriate. Empowering one for such unpleasant necessities is what wrath is for.

As for patience: this depends on the aspects involved. They are very keen on those aspects such as “Building a sense of peaceful stability and harmony rather than conflict, hostility, and antagonism; resolving issues and arguments respectfully, as opposed to resorting to anger and fighting,” where possible, as you can see from the Excellences. That’s just good positive-sum sense as well as virtue.

On the other hand, it’s not an absolute virtue. As they’d point out with regard to us specifically, he who turns the other cheek has to put up with a lot of… cheek, and one of our more common tragedy-of-the-commons social failure modes is the way that a lot of bullshit persists because no-one’s willing to call the perpetrators on it.

They also notably prefer the virtue of clemency over that of forgiveness/mercy, because indiscriminate mercy tends to leave a lot of enemies at your back, sharpening knives. Clemency is more discriminating. Also, and they are very clear on this, that means you get a second chance. Key word: a. You do not get an arbitrary series of nth chances, because just as nice is not cognate with weak, kind is not cognate with stupid.

Envy and Kindness: Not a whole lot to say here. They are against envy and pro kindness.

(They would go so far as to say that they’re a lot better at spotting envy, given how much our society reeks of it and even promotes it as virtue under another name, but that’s what one might call an implementation detail.)

Pride and Humility: Ah, yes, pride. Pride is a virtue, on the one hand, because self-awareness is a virtue, and pride is self-awareness of your own awesome. It is a virtue on the other hand, symmetrically, because it creates the ideal version of yourself that you are compelled by it to live up to. Mirror and goad in one.

Hubris, though, is not a virtue, being a way to lie to yourself and to others – but, one should note, it’s never hubris if you can back it up. (Nor is arrogance, per the excellences of Harmony and Dignity, although steering away from unconscious arrogance is a hard, hard task.)

But humility is not a virtue for the precise same reason. It amounts to telling yourself that you aren’t as good as you are – which is also lying to yourself and to others. (And if even you’re accurately humble, it amounts to a claim of “I’m afraid I kinda suck”, to which the universal response of your annoyed colleagues *there* is “Well, stop it!“)

(ObSophontology: This may play better for species with hierarchical instincts where a lack of humility in subordinates may be perceived as a threat to the position of the leader. In eldrae, the reaction is more likely to be that a lack of pride in colleagues may be perceived as a gap in the competence of the group.)

Two: Much has been said about how eldraeic morality looks distinctly alien from human eyes, and how ours would accordingly look deficient in theirs — but is there such a thing as “taking it too far” on the opposite end of the pendulum swing? How would the eldrae criticize those whose particular deviation is not (metaphorically) a famine, but rather a surfeit?

Not deficient. Different, yes, and often plain wrong, but that’s as often because of too much as too little. See temperance above, for example, or the moral weight that many human moral systems place on purity or authority.

As such, that critique is likely to be along the lines of:

“Some vices miss what is right because they are deficient, others because they are excessive, in feelings or in actions, while virtue finds and chooses the mean.”

(That was Aristotle in “Nicomachean Ethics”, but it would fit just as well in the mouth of any dozen Imperial ethical philosophers.)

(And on a related note, what’s the typical reaction to those from criticized cultures whose reaction is to take the criticism to heart in such a way that they end up becoming “more eldrae than the eldrae” (in the sense of perhaps-superficial aping of behavior without apparent understanding of the underpinning psychology)?)

“They understand. They do not comprehend.”

(I mean, technically that’s the Heresy of the Thoughtless Churl, but, to steal another quote, “The very young do not always do as they are told.” In this case, it’s childish zeal. They’ll grow up in time and with a good example.)

What is the general attitude towards the idea of the “Socratic gadfly” or the “Devil’s advocate” — those people who advance arguments for controversial and unpopular views and measures less to seriously advocate their implementation, and more to encourage interesting discussion and / or get people to seriously think about why they are committed to the things they believe and espouse?

Annoying, but useful.

(Useful enough that people have devised Socratic questioning-daemons to run on your personal mindware, mark you, but still. Even the Intellectual Integrity Movement can only impress people with Socrates’ utility and get them to respect and listen to him; they can’t make him loved.)

So does the Imperial legal system lean more towards adversarial or inquisitorial procedure?

On the one hand, you’ve mentioned before that every citizen is expected to be able to argue their own case on their own behalf, which may imply an adversarial element. On the other hand, the whole notion that legal judgments should always be based on clearly enumerated principles in a comprehensive legal code as opposed to having the judiciary effectively legislate through case law precedent is very much a civil law idea, and most civil-law judiciaries tend to favor inquisitorial procedure.

This is a case where drawing too-close analogies to Earthly practice is likely to lead one into error, especially as the two concepts are only bound together by historical accident.

To address the latter point first, bear in mind that the comprehensive legal code exists for one reason: namely, you can’t reasonably expect people to follow the law if they don’t know what it is, and that means that there has to be somewhere they can go and look it up.

But the original Imperial Codex of Law was written as a codification of the very-much common law-like codes originally generated during the Ungoverned Era. And more relevantly, while it can be added to by legislation, it is also added to by binding precedent in the traditional case law manner. But, since the ability for people to check what the law is is still necessary, and there’s a limit to how big a precedent search you can expect a layman to perform, every dodecentury a commission goes through the last 144 years worth of case law and transmogrifies it into statute law, such that the Codex remains definitive – and then new precedent starts building up again, and the process repeats.

Which on the whole may be closer to the common-law model, but ain’t exactly it.

As for the former, it hews closer to the inquisitorial model. The justices of a Curial court are empowered to investigate anything they please, and do so once the case has been presented. There is typically an Advocate for Innocence and an Advocate for Guilt, who concentrate on the case from that particular perspective, but both are first and foremost officers of the court, whose primary oath-sworn goal is to find the truth, and never to win the case for my client, as is the case for any other contracted advocates, for that matter. (Forgetting this is a very quick way to end up out of the bar and into the dock.)

So you can think of it as a common-law system with a mostly-inquisitorial procedure for short, but that’s not an entirely accurate picture.

Given the prevalence of space dwellers, sustainable closed habitats, sophisticated in situ resource harvesting techniques, and the quasi-magical Clarkean matter-energy cornucopias underpinning it all, are there any particularly notable groups that effectively make the on-the-go, take-your-home-with-you approach into their way of life? Are there any especially notable large-scale nomadic or itinerant movements, whether in the old sense of communities like the gypsy caravans or Central Asian steppe hordes, or the subculture-sense like the “RV lifestyle” or the traveling hippies whose home is their beat-up VW bus?

There are nomadic space travelers in canon, yes, including some entire species.

Speaking specifically for the eldrae, there are the Traveling Houses, who have embraced the on-the-go lifestyle since the Bronze Age-equivalent with various tech and scale updates as they go, and some of the Variosotec maintain their plains-dwelling nomadic heritage into the modern era, along with some other cultures…

…and that’s all I’m going to say about that for now, because I may/will want to do something with them in the future, and so am not going to spill the details in advance. 🙂

You know, after doing some thinking, it strikes me that, at times, there’s an awful fine line between qalasir and “pernicious irrationality” — fine enough to make me wonder if any outsiders have ever accused the Empire of practicing some form of doublethink by alternately exalting as a fundamental virtue and condemning as a fundamental vice the same thing under two different names.

And, if so, what the Empire’s philosophers and moralists response would look like.

“Category error.”

…approximately. I mean, that’s getting your supergoal drives and your volition dynamics all mixed up with your cognitive methodologies. Comparing whats, muches, and hows. You don’t want to do that. Nothing but confusion will ensure.

(Although there is a slight asymmetry inasmuch as while reason can’t tell you what to want, it can tell you what not to want. And yet.)

This may also be further illuminated by contemplation of the empowering paradox of passion and reason, as discussed above.

A few queries on language:

1. What is the Eldraeic language’s name for itself and its speakers?

The people are elen eldra informally, or el eldaratha more formally. (Which, as is traditional, means “the People”, or literally, “the thinking ones”.) The language, therefore, is el traeldra laranlír (“eldrae-type-of language”, where laranlír ‘s roots could be glossed “song-of-words”.)

2. Is there a central regulating body / “language academy” that mandates proper language use (whether formally or informally), or is the situation more like English where there’s simply a broad consensus with lots of room for variation? (Or, given the free-wheeling “emergent order” attitude the eldrae take to nearly everything else, is is sort of a mix of both?)

A mix of both.

The version published by the Keepers of the Language, themselves part of the Conclave of Linguistics and Ontology, in turn part of the Eupraxic Collegium, is definitive. Of course, since they also train professional logotects, eonymics, and sphragists, it’s also innovative.

This doesn’t prevent unofficial linguistic innovation, of course, but at least it generally keeps it to innovation, and holds the line on meaning-degrading changes and other forms of linguistic entropy. Since, yes, emerging order and the professionals can’t predict all the innovation that is required, the Keepers include several departments whose function is to harvest unofficial linguistic innovations and roll them back into the next release of the canonical language.

3. Are there any particularly strong examples of fixed expressions or collocations in Eldraeic?

Yes.

(Not really equipped right now to pull some out randomly, but I know there are several seen in various back postings here.)

4. You’ve mentioned elsewhere that the language has a diverse array of honorifics. Are there any particularly common (or otherwise good-to-know, such as when addressing Their Divine Majesties or the local runer) ones beyond daryteir?

Leaving aside titles, a non-native speaker without special requirements probably should be prepared with respectful-address, to-a-professional-in-their-context, to-an-[Excellence|Exquisite|Perfect|Paragon], to-an-[exultant|praetor|runér], from-one-who-demands-by-right, from-one-who-acknowledges-fault, and to-one-whom-one-does-not-know.

If invited to anything out of the ordinary, ask the symposiarch. That’s what they’re there for.

5. Given the heavy focus on logic in constructing the language, how tolerant is Eldraeic of paraconsistent logic? (For that matter, how comfortable are Imperials and the eldrae themselves with paraconsistent logic in the general case?)

The language supports it as another tool in the auxiliary set.

(It’s only a tool, mind. It’s a way of handling lack-of-knowledge problems, since reality itself cannot be inconsistent, only incomplete.

And the general view of things is that multi-valued logics, especially probabilistic and specifically Bayes-descended logics have proven themselves a superior way of dealing with these problems, but there’s no particular objection to it. Unless you assert that it actually reflects reality, at least.)

On the subject of the Equality Concord, we know that they make heavy use of mind-state manipulation and memory redaction. But what level of self-awareness do the members have? Are there any members who are completely non-self-aware?

All the equalitarians are fully sophont. It wouldn’t be nearly as creepifying if it was just one of those bizarre p-zombie cults that crop up from time to time.