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Promises by Ulex Judges #40

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proftomwbell opened this issue Jan 3, 2020 · 0 comments
Open

Promises by Ulex Judges #40

proftomwbell opened this issue Jan 3, 2020 · 0 comments

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@proftomwbell
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It would help build trust in Ulex if those who adjudicated disputes arising under it made binding public promises in support of the supposed value of their services. Two such promises below. The first operates to encourage claims of promissory estoppel by parties, if any, who rely to their detriment on a Ulex judge's failure to deliver on the promise to judge well. The second creates a standing offer to, in effect, pay anybody who catches the judge failing. Both promises (for an offer is but a form of promise) should be reliably recorded in a public place.

Public promise to Judge Well: "I promise to judge Ulex disputes only with the consent of all parties after full disclosure of any conflicting interests, impartially, and with understanding of the relevant law. I foresee and intend that the parties will rely on this promise."

Open Offer to Pay Double Damages for Breach: "I hereby offer to pay double damages to any party harmed by my breach of a promise to adjudicate a Ulex dispute, this offer to be held open through my last adjudication, in consideration of the trust vested in me."

As with other recent proposals for add-ons to Ulex, it remains unclear how to package this bit of legal code with the larger kernel. That kernel could be modified to include a rule providing that judges must make the above two promises for their decision to have legal effect, but that seems unnecessary in order to secure their adoption, and a bit presumptuous about users' utter liberty to decide for themselves what decisions comply with Ulex.

It should suffice instead to include those two public promises in a new module or judging kit or the like, with reliable public recording of those who have made such promises, and something much like this last, third, public or private promise that a judge should make before deciding a case of Ulex law:

Promise to the Parties: "I promise to judge your dispute according to the rules of Ulex to the best of my ability, in good faith, and without preference for any party."

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