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Rice responded through a letter Posted on Steemit that AriseBank Refuses to comply with the Texas Commissioner’s order and will not remove the word

Rice responded through a letter Posted on Steemit that AriseBank Refuses to comply with the Texas Commissioner’s order and will not remove the word “bank” from its name. He argues that the AriseBank software is decentralized, not under the Control of AriseBank, and Therefore not subject to bank regulation. In Russia parents teach kids that you can never play "find the clever technicality" with the government, because you will always lose. I guess in America they don't teach kids that lesson?

TeMPOraL 9y ago
I guess that's a testament to the faith of US citizens in the rule of law / their government following the rules they themselves set up. Being able to have such faith is a good thing in general, but it doesn't excuse stupidity. As for Russia, their government is a bit more "move fast and break things", I would guess.
- dmitrygr 9y ago
  I think it is more that in the rest of the world people understand the purpose of the law, and do not get hung up on the words, whereas in the USA people look at the words very carefully and try to find some way around the specific wording of the laws. A law stating, for example, "no man shall shoot a gun at another" will clearly mean "you cannot shoot anyone" in the rest of the world, whereas in USA you can expect lawsuits seeking the court's definition of "shoot", "gun" and "man". Why? Because it does work that way often in USA. Same in this case. I imagine a good lawyer might be able to find a way in which AriseBank really was "not really IN texas" and in fact was "not REALLY a bank"
  - TeMPOraL 9y ago
    That sounds about right, too. I guess I was describing the "how one expects the government will behave" angle. My personal impression is that USGOV would happily take the bait and end up tied in court over the definitions of "shoot", "gun" and "man", most of the time. This is not one of those times, though. (And to be clear, with Russians, I meant a quick "yup, we didn't word this precisely enough, but both of us know what we meant there", followed by jail time.)
dvt 9y ago
> In Russia parents teach kids that you can never play "find the clever technicality" with the government, because you will always lose. In America, the system of jurisprudence is adverserial[1] -- in Russia (and most of Europe), it's inquisitional[2]. This means that the court's only interest is in applying the law as written, not investigating any facts of the case. This distinction is why, in America, you can "win" vs. the government on technicalities. [1] https://en.wikipedia.org/wiki/Adversarial_system https://en.wikipedia.org/wiki/Adversarial_system [2] https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system
Feniks 9y ago
In the Netherlands we have no jury system. Its your smart lawyers vs. the governments smart prosecutors and at the end of the day 3 smart judges decide. Exceedingly boring and technical. Meanwhile in the US it is a circus. Literally anything can and will happen. This leads to people taking risks.

TeMPOraL 9y ago

I guess that's a testament to the faith of US citizens in the rule of law / their government following the rules they themselves set up. Being able to have such faith is a good thing in general, but it doesn't excuse stupidity. As for Russia, their government is a bit more "move fast and break things", I would guess.

dmitrygr 9y ago
I think it is more that in the rest of the world people understand the purpose of the law, and do not get hung up on the words, whereas in the USA people look at the words very carefully and try to find some way around the specific wording of the laws. A law stating, for example, "no man shall shoot a gun at another" will clearly mean "you cannot shoot anyone" in the rest of the world, whereas in USA you can expect lawsuits seeking the court's definition of "shoot", "gun" and "man". Why? Because it does work that way often in USA. Same in this case. I imagine a good lawyer might be able to find a way in which AriseBank really was "not really IN texas" and in fact was "not REALLY a bank"
- TeMPOraL 9y ago
  That sounds about right, too. I guess I was describing the "how one expects the government will behave" angle. My personal impression is that USGOV would happily take the bait and end up tied in court over the definitions of "shoot", "gun" and "man", most of the time. This is not one of those times, though. (And to be clear, with Russians, I meant a quick "yup, we didn't word this precisely enough, but both of us know what we meant there", followed by jail time.)

dvt 9y ago

> In Russia parents teach kids that you can never play "find the clever technicality" with the government, because you will always lose. In America, the system of jurisprudence is adverserial[1] -- in Russia (and most of Europe), it's inquisitional[2]. This means that the court's only interest is in applying the law as written, not investigating any facts of the case. This distinction is why, in America, you can "win" vs. the government on technicalities. [1] https://en.wikipedia.org/wiki/Adversarial_system https://en.wikipedia.org/wiki/Adversarial_system [2] https://en.wikipedia.org/wiki/Inquisitorial_system https://en.wikipedia.org/wiki/Inquisitorial_system

Feniks 9y ago

In the Netherlands we have no jury system. Its your smart lawyers vs. the governments smart prosecutors and at the end of the day 3 smart judges decide. Exceedingly boring and technical. Meanwhile in the US it is a circus. Literally anything can and will happen. This leads to people taking risks.