Civil law vs Common law - how should we understand the TOSS ?

[Wind_of_Change]

I have noticed that members differ in their understanding of the idea of TOSS. Because US/UK/AU are the only countries with common law, all the other countries without exception having civil law, there is a different level of understanding of the TOSS by the members.

-In civil law countries, the law is made by the parliament, is very explicit and equally applied to all persons. If a person breaks the civil law, he get's the punishment written for that particular crime.

-In common law countries, the law is dependent on the judge. The judge himself is the one making the law, not the parliament and the law is not fixed.

So my question is: Should we, as members treat the TOSS as a civil law or should we rely on the moderator personal opinion about a problem and not take the TOSS too seriously? Should we rather focus on becoming more friends with the moderators, therefore making the law more in our favor or should we all equally try to respect the TOSS like it's done in civil law countries ? Should the new forum administration act using common law thinking of "precedent" when making decision about banning members, acting based on how decisions used to be made in the past or should they rely on the TOSS ? I am asking because people coming from civil law countries (like me) can experience a culture shock on predominantly US/UK/AU forums. I don't wana be the only idiot around treating the TOSS as a civil law.

So how should we understand the TOSS ? Rather in a civil law perspective or in a common law perspective ?

[Cittasanto]

as the site is owned and hosted in the US, Dhamma Wheel is subject to certain US Laws.
However, as this is a Buddhist forum and the vinaya and the advice to mendicants as to how to adapt to new situations should be born in mind

Mv 6.40.1 Vinaya-samukkamsa: The Innate Principles of the Vinaya
"Bhikkhus, whatever I have not objected to, saying, 'This is not allowable,' if it fits in with what is not allowable, if it goes against what is allowable, this is not allowable for you.

"Whatever I have not objected to, saying, 'This is not allowable,' if it fits in with what is allowable, if it goes against what is not allowable, this is allowable for you.

"And whatever I have not permitted, saying, 'This is allowable,' if it fits in with what is not allowable, if it goes against what is allowable, this is not allowable for you.

"And whatever I have not permitted, saying, 'This is allowable,' if it fits in with what is allowable, if it goes against what is not allowable, this is allowable for you."


But The TOS are not dificult to understand and are quite plain and simple.

[Wind_of_Change]

But The TOS are not dificult to understand and are quite plain and simple.

Well....
http://www.dhammawheel.com/viewtopic.ph ... 9&start=20

Some people do personal attacks with impunity cause they are longer term members and have more friendships. And the rule about violent images is only for the lounge as far as the TOSS is concerned, not for the rest of the forum. So it's not that simple making sense of the TOSS...

[DNS]

Good point, the rule about violent images is for the lounge. However, that other topic you made was more like a lounge topic when it includes images and people complained about the images too. Also see Cittasanto's good post about using some general standards too, when the rules can't cover everything.

[Wind_of_Change]

Well... that is common law thinking right there, not civil law thinking. People have to use their intuition to figure out the rules ? Not the best approach at all in my opinion as a person living in the normal civil law part of the world. Only US/UK/AU live in common law and that's where this kind of thinking comes from...

At least I could ask this question without getting perma banned (hopefully), so I'll stop at that.