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Malum prohibitum vs malum se is a great point, thanks. I've been saying for a while, removing the relay limit is like legalizing burglary because some homes are broken into.
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Legalising burglary would be a consensus change, most people would agree that theft is malum in se. Its more like legalising insider trading, or tax evasion, or pissing on a public square. Worse in fact, it's denying the right of anyone to make pissing on the public square just because there is no immediate and direct victim. Some people believe that there is no such thing as a victimless crime, and it's impossible to say that they are wrong. You just have to fight them until that opinion is irrelevant.
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I'm very comfortable saying that Sjors is intellectually lazy outside of the narrow domain that he wants to be working "productively" in. He just doesn't want to consider the ideas that:
Bitcoiners need to understand the classical legal concepts of malum in se (bad in itself, e.g. murder, or in our case "invalid transactions") and malum prohibitum (bad by regulation, e.g. cheating on taxes, or in our case spam).
Malum prohibitum is the regulatory layer, which are constantly refined and imbued with the values that dominate the current context.
With this current episode in Bitcoin's history, even if we have a miner and temporary setback where obscene and illegal content gets added to the chain, it is unlikely to result in a hard fork, but get interpreted as the kind of original sin that stains the network and provokes the flowering of hundreds of alternative implementations, forks of Core, that will succeed at regulating in spite of what the current crop of central planners think.
Just as it is impossible to stop spammers, it is equally impossible to stop nodes regulating the the network at the policy layer.