Taijitu

Government of Taijitu => The Ecclesia => Proposals and Discussion => Topic started by: Bustos on March 17, 2015, 02:39:53 AM

Title: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Bustos on March 17, 2015, 02:39:53 AM
Created this thread to continue a point I brought up since some people showed interest.

I don't do anything as the leader of the militia does nothing.  I, personally, find recent actions by our militia to be illegal.  But I digress and wait for new leadership.

By  the Militia Act (http://wiki.taijitu.org/wiki/Militia_Act) Article IV subsection 1, "The citizen-sergeant shall be able to order military actions...."

Seeing as the current citizen-sergeant has been absent, no orders have been given for recent military actions conducted by the Citizen-Militia.  The Act, as it currently stands, does not give power to any other member to order military actions.  And that's why I view recent military operations as illegal.  I decided to go inactive, keeping my head down, so to speak, because some people's reactions were predictable if I were to make a challenge.

But, as I continue to see other members conducting operations, I start to wonder why we have a Citizen-Sergeant in the first place, which lead to an earlier post.

wonders what the cit-sarge does

Which opened the floodgates and resulted in the predictable attacks, rather than explanations.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Myroria on March 17, 2015, 02:43:24 AM
The Citizen-Sergeant authorized this operation, as he authorizes all operations.

EDIT: We can't expect the Citizen-Sergeant to be around every update. This is why we have Corporals and Lancepesades - to lead operations when the Sergeant is unable to.

EDIT 2: Article III Section 1 states:

Quote
The Citizen-Sergeant shall delineate rank and responsibility within the Militia.

This explicitly allows for the Sergeant to delineate responsibility for operations to subordinates as they please.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Funkadelia on March 17, 2015, 02:56:03 AM
I have directly given orders to my Caporal and my Lancespesades when I am absent due to work.

Part of the reason no one took your post seriously is because you never do what you're ordered to anyways. Your TaiMil switcher is currently endotarting in TNP (http://www.nationstates.net/nation=bustos-cam_inc), and you have a history of making personal attacks on members for no reason whatsoever.

Your concern was recently brought up about Madrigal. Madrigal was undertaken on the Taijitu Militia side by Eluvatar at my express approval. I am including parts our skype conversation, with some bits taken out of the middle that described the operation itself and another participant whose permission for posting I could not get.

(click to show/hide)

As displayed, I gave my express permission for this. If I did not, don't you think I would have protested this before the Ecclesia?

The entire point of having Lancespesades and Caporals is because of the possibility of a Sergeant absence. That's why we legislated it that way. For someone who claims to love our vibrant and free democracy so much, your ignorance of its few laws and statutes is disturbing. Before you attempt to crucify me before the region again, I suggest you read up on the law. Either that, or stick to the personal attacks you opted for before you tried this stunt.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Gulliver on March 17, 2015, 03:13:19 AM
I do not view the recent operations as illegal, as they were all authorized by the Citizen-Sergeant, even though he was not able to serve in them personally.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Khem on March 17, 2015, 04:03:31 AM
Yea, no legal issue there.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 01:48:25 PM
Maybe what you consider norm which isn't described in law ought to be described in law, because it isn't so, it's not "no legal issue there", it's just the absence of law.

"explicitly" allowing the citizen in charge of militia to do whatever he wants doesn't seem like a good excuse for a law, what it actually does is: all those high ranks in militia can do whatever they want, low ranks apparently cant. That issue is worth discussing.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Bustos on March 17, 2015, 01:54:48 PM
I've stated my grievances.  I expected more transparency.  I misunderstood the status quo.  I am sorry.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Eluvatar on March 17, 2015, 02:10:18 PM
Maybe what you consider norm which isn't described in law ought to be described in law, because it isn't so, it's not "no legal issue there", it's just the absence of law.

"explicitly" allowing the citizen in charge of militia to do whatever he wants doesn't seem like a good excuse for a law, what it actually does is: all those high ranks in militia can do whatever they want, low ranks apparently cant. That issue is worth discussing.
?

The Citizen-Sergeant (Funkadelia) explicitly (in his own words, directly) approved the operation.
I've stated my grievances.  I expected more transparency.  I misunderstood the status quo.  I am sorry.
I do not understand.

Your stated grievance was that the Citizen-Sergeant had not ordered the operation. This has been shown to be false. The Citizen-Sergeant told me to go ahead with the plan presented to him.

What transparency were you expecting that you're not getting?

When the Grey Wardens, including our own Citizen Cormac, asked the Taijitu Militia for assistance in giving this region a taste of its own medicine, Corporal Eluvatar and Lancepesade Pauline Bonaparte were happy to oblige, with Citizen-Sergeant Funkadelia’s permission.

No, it was not explicitly stated in #taimil that Funkadelia had ordered the mission. I don't think that's a lack of transparency, I think it's kind of fair to assume. Alternatively one could ask.

Was the lack of transparency you mean that Funkadelia's name was not invoked on IRC, that Funkadelia did not personally speak to you about the orders, or something else?
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 02:11:12 PM
Maybe what you consider norm which isn't described in law ought to be described in law, because it isn't so, it's not "no legal issue there", it's just the absence of law.

There is no "absence of law" here: it's right in Article III, Section 1:

Quote
The Citizen-Sergeant shall delineate rank and responsibility within the Militia.

"explicitly" allowing the citizen in charge of militia to do whatever he wants doesn't seem like a good excuse for a law, what it actually does is: all those high ranks in militia can do whatever they want, low ranks apparently cant. That issue is worth discussing.

As stated above, we clearly agreed as a region that the Citizen-Sergeant should be able to command the militia. If you wished to require the Citizen-Sergeant's presence in IRC and in the mission itself, why didn't you bring this up during debate?

And if you have a problem with military ranks (which only exist to give some people power to command others), again: why did you not bring this up during the debate period?
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Myroria on March 17, 2015, 02:25:32 PM
I don't think I can stress enough that the Militia cannot function without leaders. We have to give these leaders the ability to do something without a week-long Ecclesiastical process, otherwise the Militia is an incoherent mess.

The Sergeant cannot "do whatever he wants". As an elected official, they answer to the people. If you are unhappy with Funkadelia's leadership, motion for a recall. State your reasons and let the people decide.

As a direct democracy, you could motion that Eluvatar or myself be removed as an NCO and if the Ecclesia agrees that's that. The best thing about the Ecclesia is that it can make any law it wants and is accountable to nothing but the Bill of Rights.

Also regarding transparency:

In other regions members of the military routinely do not even know why they are being ordered to do something. In fact, sometimes members of the military do not even know what region they are liberating or invading until half an hour before update. Other regions certainly don't have their legislatures vote on military occupations. For NS, the Taijitu Militia is really a model of transparency and democracy.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 03:03:24 PM
As stated above, we clearly agreed as a region that the Citizen-Sergeant should be able to command the militia. If you wished to require the Citizen-Sergeant's presence in IRC and in the mission itself, why didn't you bring this up during debate?

And if you have a problem with military ranks (which only exist to give some people power to command others), again: why did you not bring this up during the debate period?

Are you feeling that you should have had the opportunity during the debate to discuss this issue? Maybe you misread something I wrote back then ;) I brought it up plenty of times.

I don't think I can stress enough that the Militia cannot function without leaders. We have to give these leaders the ability to do something without a week-long Ecclesiastical process, otherwise the Militia is an incoherent mess.

Thanks for explaining what I want.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Eluvatar on March 17, 2015, 03:14:59 PM
As stated above, we clearly agreed as a region that the Citizen-Sergeant should be able to command the militia. If you wished to require the Citizen-Sergeant's presence in IRC and in the mission itself, why didn't you bring this up during debate?

And if you have a problem with military ranks (which only exist to give some people power to command others), again: why did you not bring this up during the debate period?

Are you feeling that you should have had the opportunity during the debate to discuss this issue? Maybe you misread something I wrote back then ;) I brought it up plenty of times.

I just read through the original debate (http://forum.taijitu.org/proposals-and-discussions/citizens%27-militia/) and you never made any comment regarding military ranks or the ability of the Citizen-Sergeant to delegate authority. You argued that the Citizen-Sergeant should not have authority in the first place to authorize operations themselves, but that position was voted down and was not the position Bustos advanced.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Bustos on March 17, 2015, 03:20:00 PM
Quote
I do not understand.

Your stated grievance was that the Citizen-Sergeant had not ordered the operation. This has been shown to be false. The Citizen-Sergeant told me to go ahead with the plan presented to him.

What transparency were you expecting that you're not getting?

I think you misunderstood me.  I am trying to say that I said my piece, why I said it, acknowledged my error, and apologized for it.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Eluvatar on March 17, 2015, 03:22:04 PM
Quote
I do not understand.

Your stated grievance was that the Citizen-Sergeant had not ordered the operation. This has been shown to be false. The Citizen-Sergeant told me to go ahead with the plan presented to him.

What transparency were you expecting that you're not getting?

I think you misunderstood me.  I am trying to say that I said my piece, why I said it, acknowledged my error, and apologized for it.

Ah, yes, I see I did. Sorry about that.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 03:29:17 PM
As stated above, we clearly agreed as a region that the Citizen-Sergeant should be able to command the militia. If you wished to require the Citizen-Sergeant's presence in IRC and in the mission itself, why didn't you bring this up during debate?

And if you have a problem with military ranks (which only exist to give some people power to command others), again: why did you not bring this up during the debate period?

Are you feeling that you should have had the opportunity during the debate to discuss this issue? Maybe you misread something I wrote back then ;) I brought it up plenty of times.

Ahh, my apologies. If you did bring it up when you were given the opportunity and the law was passed over your objections... then the region has spoken. You're just arguing now that the conclusion we came to democratically is wrong. If you feel attitudes towards this issue may have shifted since the debate, the only real way to address your grievances would be to propose a change to the law. Right now you're just arguing something that has already been decided, derailing the conversation.

To be constructive, formally propose the legal changes you'd like to see.

To increase drama, keep debating things we already finished debating without actually proposing a thing.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 03:36:39 PM
As stated above, we clearly agreed as a region that the Citizen-Sergeant should be able to command the militia. If you wished to require the Citizen-Sergeant's presence in IRC and in the mission itself, why didn't you bring this up during debate?

And if you have a problem with military ranks (which only exist to give some people power to command others), again: why did you not bring this up during the debate period?

Are you feeling that you should have had the opportunity during the debate to discuss this issue? Maybe you misread something I wrote back then ;) I brought it up plenty of times.

I just read through the original debate (http://forum.taijitu.org/proposals-and-discussions/citizens%27-militia/) and you never made any comment regarding military ranks or the ability of the Citizen-Sergeant to delegate authority. You argued that the Citizen-Sergeant should not have authority in the first place to authorize operations themselves, but that position was voted down and was not the position Bustos advanced.

Maybe, I did say a syndicalized militia, or a completely ad hoc organization, either one is opposite to established military hierarchy which I clearly opposed from the beginning.

And if I do not have the freedom to express what I believe on this issues then I doubt you can call all this "democratic". I have an issue now about how things are being conducted, why can't I talk about it? Dictatorship of a majority? I really doubt you believe that, if you feel things passed in the past cannot be questioned then we're in complete disagreement. Proposals come from any form of consensus, right now I see none, I'm don't see anybody representing what I believe in.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 03:40:47 PM
As stated above, we clearly agreed as a region that the Citizen-Sergeant should be able to command the militia. If you wished to require the Citizen-Sergeant's presence in IRC and in the mission itself, why didn't you bring this up during debate?

And if you have a problem with military ranks (which only exist to give some people power to command others), again: why did you not bring this up during the debate period?

Are you feeling that you should have had the opportunity during the debate to discuss this issue? Maybe you misread something I wrote back then ;) I brought it up plenty of times.

I just read through the original debate (http://forum.taijitu.org/proposals-and-discussions/citizens%27-militia/) and you never made any comment regarding military ranks or the ability of the Citizen-Sergeant to delegate authority. You argued that the Citizen-Sergeant should not have authority in the first place to authorize operations themselves, but that position was voted down and was not the position Bustos advanced.

Maybe, I did say a syndicalized militia, or a completely ad hoc organization, either one is opposite to established military hierarchy which I clearly opposed from the beginning.

And if I do not have the freedom to express what I believe on this issues then I doubt you can call all this "democratic". I have an issue now about how things are being conducted, why can't I talk about it? Dictatorship of a majority? I really doubt you believe that, if you feel things passed in the past cannot be questioned then we're in complete disagreement. Proposals come from any form of consensus, right now I see none, I'm don't see anybody representing what I believe in.

You have the freedom to say whatever you want, question whatever you like. I also have the freedom to point out the fact that you complain, complain, complain constantly but never offer constructive input.

Formally propose your changes if they actually matter to you! That's all I'm suggesting.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 03:50:20 PM
I also have the freedom to point out the fact that you complain, complain, complain constantly but never offer constructive input.

This is a clear evidence we need couples' counseling. Prejudicial exaggeration is wrong. So many times I've offered constructive input, so many bills resulted from my constructive input, it's really unfair the way you put it, just because you disagree with me.

I don't agree with the interpretation that is being made from the laws that are written, it's past the fact that I'd rather different laws and I've learned to compromise from them. I believe the current system is too hierarchical and none on the law actually talks about a chain of command or the obligation of taijitu citizens to follow a chain of command. Maybe a drawing is required.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 03:52:25 PM
I also have the freedom to point out the fact that you complain, complain, complain constantly but never offer constructive input.

This is a clear evidence we need couples' counseling. Prejudicial exaggeration is wrong. So many times I've offered constructive input, so many bills resulted from my constructive input, it's really unfair the way you put it, just because you disagree with me.

I don't believe I'm exaggerating. I will happily admit to being wrong if you can quote one post since the Glorious Revolution where you say, "Let's make this the law:" and then actually write out the law you want.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 04:10:33 PM
I am no good at writing laws but I definitely heavily contributed to many laws in place, including the Militia, which was to be "Taijitu Grand Navy" until I suggested the Militia. complain complain complain constantly it blatant prejudice.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 04:12:34 PM
blatant prejudice

You keep using that word... (https://www.youtube.com/watch?v=G2y8Sx4B2Sk)
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 04:14:24 PM
ahem trollama.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 04:19:51 PM
Delfos, when you start accusing people of prejudice just because they don't appreciate your caustic "debate" style, that's trolling.

Pointing out your gross misuse of a very nasty word is not trolling.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Myroria on March 17, 2015, 04:32:36 PM
I am no good at writing laws but I definitely heavily contributed to many laws in place, including the Militia, which was to be "Taijitu Grand Navy" until I suggested the Militia. complain complain complain constantly it blatant prejudice.

If there's one place I would feel prejudice, it's in the legislature of the direct democracy I advocated for for years and later got.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 04:39:40 PM
Disregarding my proposals are "complaints" is prejudice to me.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 04:47:04 PM
Disregarding my proposals are "complaints" is prejudice to me.

That'd make sense if words mean whatever you want them to mean, actual definitions be damned.

Luckily, we live in a world with dictionaries.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 04:56:54 PM
right.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Funkadelia on March 17, 2015, 05:21:59 PM
You haven't made any proposals yet.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Eluvatar on March 17, 2015, 05:34:19 PM
While Delfos does sometimes take issue with matters without suggesting an alternative, in this case he actually has. Whether to call his comments "complaints" or "proposals" is missing the point: the question is whether they are constructive or not. His comments are not unconstructive for the reason of not proposing an alternative.

It's not an alternative I agree with, and it's one the region did not vote for, but the alternative of not having a Citizen-Sergeant lead the Militia is an actual alternative to the adopted legislation.

That said, it's not the fault of proponents of the adopted legislation that an alternate proposal was not written up as a bill and voted on. The proponents wrote up a proposal, adjusted it in response to comments in ways that made sense, and then asked for a vote. The Ecclesia voted to adopt the proposal. They had no obligation to put forward a proposal they would not agree with.

I'm not sure that Delfos' comments in this topic have been constructive: this topic was about whether a specific military action was legal. The discussion of whether it should be legal is separable. It's also unreasonable to say "I told you so" when A) Delfos did not oppose having NCOs under the Sergeant specifically and B) no argument has been made as to why the Citizen-Sergeant shouldn't be allowed to delegate running an operation at a time they are unavailable, or otherwise.

Finally, it's not prejudice, Delfos, when someone has known you for years. Allama's complaint, however direct, was not based on a preconception of you without specific familiarity. I wouldn't say you only ever complain. As I said just now, you have actually proposed alternatives many a time. However, reviving previously settled questions and challenging laws and policies without actually proposing alternatives can definitely be unconstructive, and you've made a habit of doing so from time to time which I've seen people find frustrating.

I hope my long digression was constructive, and not further derailment.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 06:06:42 PM
Well I did say
Quote
Proposals come from any form of consensus, right now I see none, I'm don't see anybody representing what I believe in.
This extends to this thread. My first stance is that no wrong was done because nothing says he can't do it, but there is no clear chain-of-command or hierarchy even implicit on the current law, so all this is just what you interpret from what is written.

"He has the right to delegate" doesn't mean he can create hierarchy, it doesn't have to, and imo, it shouldn't. We all know there is a structured group running the militia justified by "hierarchy", which could as well be a Cabal (lol), that is fine we know "leaders are amazing" and all, it just doesn't have to be that way, even if the law in place.

The same goes for attacking Bustos for not "following orders", there is really no law against...not following orders, or impeding militia members from participating on other operations, or them to form their own militias.

I don't question the legality, I question the interpretation. I'm not criticizing the current Citizen-sergeant nor the operations...at least not in this thread. Yes I'd rather a more ad hoc approach, less "law" might not be a bad thing.

It's not an alternative I agree with, and it's one the region did not vote for, but the alternative of not having a Citizen-Sergeant lead the Militia is an actual alternative to the adopted legislation.
Citizen-sergeant elections (http://forum.taijitu.org/officer-elections/gaiose-ar-1-citizen-sergeant-elections-voting/) doesn't have that option.

Maybe we're just not exploring many options and we'd benefit on any kind of debate on any kind of thread...just like this one.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 06:10:48 PM
It's not an alternative I agree with, and it's one the region did not vote for, but the alternative of not having a Citizen-Sergeant lead the Militia is an actual alternative to the adopted legislation.
Citizen-sergeant elections (http://forum.taijitu.org/officer-elections/gaiose-ar-1-citizen-sergeant-elections-voting/) doesn't have that option.

Of course it isn't an option in that law: he said not having a Citizen-Sergeant would be an alternative to the current legislation.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 06:15:03 PM
facepalm

Allama if you don't want to understand what I'm trying to say then at least let others to try, I'm ok if you want to misread what I'm saying for the entirety of your life.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Allama on March 17, 2015, 06:20:24 PM
Yet another post in which Delfos does Thing A, someone points it out, and he goes, "OMG you're doing Thing A!" Yeeeeeeeeesh.

Delfos, you misread Eluvatar so I attempted to help you see what he said. Calm down.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Eluvatar on March 17, 2015, 06:42:38 PM
Allama's right about my comment. I meant that when the region voted on the Militia Act, it voted to adopt a Militia Act with a Citizen-Sergeant. It did not vote to adopt an alternative act without one, or to not adopt any act.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 06:48:44 PM
Maybe we're just not exploring many options and we'd benefit on any kind of debate on any kind of thread...just like this one.

Otherwise keep making everyone miss an actual debate by throwing things out of context.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Eluvatar on March 17, 2015, 06:56:24 PM
Well I did say
Quote
Proposals come from any form of consensus, right now I see none, I'm don't see anybody representing what I believe in.
This extends to this thread. My first stance is that no wrong was done because nothing says he can't do it, but there is no clear chain-of-command or hierarchy even implicit on the current law, so all this is just what you interpret from what is written.
There is:
Quote from: Militia Act
III.1. The Citizen-Sergeant shall delineate rank and responsibility within the Militia.
"He has the right to delegate" doesn't mean he can create hierarchy, it doesn't have to, and imo, it shouldn't. We all know there is a structured group running the militia justified by "hierarchy", which could as well be a Cabal (lol), that is fine we know "leaders are amazing" and all, it just doesn't have to be that way, even if the law in place.
Google says "cabal" is "a secret political clique or faction." I really, really, really don't think the several noncommissioned officers of the Taijitu Citizens' Militia, their rank being public information, count. I wouldn't describe us as a political clique or faction either, honestly. While most of us are part of the "Sovereigntist" political faction, it is a larger one than just us from what I've seen, and is more of a political philosophy than an organized political faction IMO.

I'm not sure what you're talking about here. The ranks in the Militia are explicitly provided for, and have been determined in a manner so as to be congruent with the ideas of the glorious revolution: we are all soldiers in the army, none of us commissioned officers. We generally discuss militia matters informally, and explain what we're doing and why.

The actual discussion started about an instance of delegation. If you think delegation is fine, then it doesn't matter if the person delegated to is an NCO or not: the Citizen-Sergeant can delegate running a particular operation to them.

???
The same goes for attacking Bustos for not "following orders", there is really no law against...not following orders, or impeding militia members from participating on other operations, or them to form their own militias.

Sure there is. The Militia Act says the Militia shall be led by a Citizen-Sergeant, that they shall delineate rank and responsibility within the Militia, and that they shall be able to order military actions. It's pretty straightforward that if you join the Militia, you should follow instructions coming down from the Citizen-Sergeant (possibly through a chain of command).

On the other hand no we don't have a law making disobeying a crime. Why should we? We have decided to move away from that sort of thing. Bustos got called out for his refusal to move, this started a discussion, and ultimately Bustos agreed the instruction was legitimate and moved. At no point did anyone do something illegal.

I don't question the legality, I question the interpretation. I'm not criticizing the current Citizen-sergeant nor the operations...at least not in this thread. Yes I'd rather a more ad hoc approach, less "law" might not be a bad thing.

Okay, how would you define what's an operation by the Taijitu Citizens' Militia then?
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 17, 2015, 07:27:00 PM
There is:
Quote from: Militia Act
III.1. The Citizen-Sergeant shall delineate rank and responsibility within the Militia.
Yes, he can say Bustos is a toilet scrubber and he has to scrub toilets. This is as valid as the current interpretation, but I could see from the beginning that under the operations promoted by people now "leading" the militia it meant traditional military hierarchy. That's fine, but I think as a revolutionary value of equality and all that, maybe we shouldn't make a "toilet scrubber" title and force them to toilet scrub, if you know what I mean. That law also gives him the ability to abolish ranks and remove responsibilities, any elected Citizen-Sergeant can do that, if that's acceptable then maybe we should do that next time.

I'm not sure what you're talking about here. The ranks in the Militia are explicitly provided for, and have been determined in a manner so as to be congruent with the ideas of the glorious revolution: we are all soldiers in the army, none of us commissioned officers. We generally discuss militia matters informally, and explain what we're doing and why.
None of what you described requires ranks, we generally discuss militia matters informally and people justify them regardless of ranks, that is a good approach, very like what I proposed as a "Syndicalized" or "ad hoc" militia. If people can see the merit in those proposals I will certainly support or write an amendment.

The actual discussion started about an instance of delegation. If you think delegation is fine, then it doesn't matter if the person delegated to is an NCO or not: the Citizen-Sergeant can delegate running a particular operation to them.
I think the Delegation under the current law is fine, I said so. I dislike the ranks and the sometimes autocracy on deciding the operations. Yes the current law gives the Citizen-sergeant the power to decide those things, I just think sometimes we, the militia, do operations for the slightest of reasons. Maybe the above mentioned discussion should be mandatory even if only within the militia in IRC. Maybe even a simple vote within IRC would totally satisfy me and make me say I'm proud for the "work" we're doing. (I've said I'm proud before, didn't I?)

On the other hand no we don't have a law making disobeying a crime. Why should we? We have decided to move away from that sort of thing. Bustos got called out for his refusal to move, this started a discussion, and ultimately Bustos agreed the instruction was legitimate and moved. At no point did anyone do something illegal.
ipsis verbis, I just took this opportunity to discuss underlying matters brought up from Bustos' discussion. How highjacker of me, sorry.

Okay, how would you define what's an operation by the Taijitu Citizens' Militia then?
I think it should arise on need, as it has been for many of them, organized on the spot and executed by those in favor. Those against may bring the operation in question to, what in our current system would most likely fit, the Ecclesia. In a way, we've been doing that, again there's no need for ranks or "orders", it's just more interpretive of free will if it's organized in a more participative way. Participative Democracy ftw.

Kinda like this:
This discussion is no longer fruitful. I believe the Militia should form itself organically whenever it is necessary by participation, whoever wants to participate is free to do so and it may have a SIMPLE ad hoc organization, without the need or attempt to establish military governance. Calling it a Citizens' Militia doesn't make it so.

This happened in the past:
(...)We shall organize ourselves into a militia until our current Delegate Oz officially recognizes this military operation under the Taijituan Army. We shall declare this intention in Taijitu's RMB, a list of those who join the militia will be updated here and transmitted to officials in Osiris.
(http://img560.imageshack.us/img560/6296/loc8.png)
I sign this declaration of intentions, I join the militia Taijituans for Freedom and Democracy with [INSERT NATION NAME], I will change my flag to the militia flag, move my WA nation to the region Osiris (http://www.nationstates.net/region=osiris) and there endorse Cormac (http://www.nationstates.net/nation=cormac_a_stark).

PS: Ranks and required membership status, I mean, a citizen doesn't have to be in "our" militia to participate, and as a principle maybe we shouldn't also block anyone that isn't a citizen either, like a foreign dignitary or a random friend from another region wanting to participate on a militia operation with us. Make it more Participatory is what I mean.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Wast on March 18, 2015, 09:02:55 AM
Quote
I think it should arise on need, as it has been for many of them, organized on the spot and executed by those in favor. Those against may bring the operation in question to, what in our current system would most likely fit, the Ecclesia. In a way, we've been doing that, again there's no need for ranks or "orders", it's just more interpretive of free will if it's organized in a more participative way.

My perspective on this probably isn't worth much (since I'm not at all involved in the militia, and barely in the Ecclesia at all), but I'd like to offer at least a few words to the discussion.

So long as the active members of the militia feel the need for occasional deployment, there will be some kind of standing structure to the organization. Establishing the militia provides transparency, accountability and official representation to what would exist anyway. An 'ad hoc' militia would be somewhat confusing (and if I recall, that's what we had before the Act, more or less, and it was confusing).

The ranks may be pulled from 'traditional military hierarchy' but legally speaking they don't carry that much weight (Citizen-Sergeant aside). It's a way of adding flavor to the organization, aesthetics consistent with the revolutionary theme even if it doesn't follow to the egalitarian aspect. So long as that hierarchy doesn't begin to contradict the actual structure of the government/militia/etc., the titles are fine. Drawing purely from strict egalitarianism is, frankly, rather dry.

If you'd like to ban titles within the militia or impose some sort of equality on the structure that the Sergeant (or whoever leads the militia) cannot override, it may be worth opening a new thread. If you'd also like to eliminate the Sergeant altogether then that's a more fundamental change that would also warrant its own thread.
Title: Re: Legality of Military Actions conducted without Citizen-Sergeant
Post by: Delfos on March 18, 2015, 12:44:09 PM
I accept that I ought to end this long hijack of this thread. I've started a new topic to conclude this discussion in a more official way:
http://forum.taijitu.org/proposals-and-discussions/militia-organization/