There is no relation to TDT, since we're talking about preferences of groups of agents
You mean we aren't talking about the choice whether or not to punish someone? I don't see how that holds. If you only discuss a decision theory in the abstract but are not willing to use it for practical decisions than you are likely going to have a bad decision theory.
Don't compartmentalize and stop using your decision theory when things get political.
In this case punishing people for doing something that's bad for the community can discourage other people from doing something bad for the community against which we don't have explicit rules.
Even if I agree that nation state should only punish in a court of law based on explicit rules that doesn't mean that I think the same is true for privately owned online communities. If I throw a party and someone misbehaves I can throw that person out even without him violating a previously explicitly stated rule. A lot of social interaction works about people simply observing implicit rules and focusing on being nice to each other.
You mean we aren't talking about the choice whether or not to punish someone?
TDT can't tell you how to optimally arrange the flavors of an ice cream cone if you don't input which flavors you like. "But how can that be, that is a choice too?" Decision theory tells you which decisions are optimal, given your preferences. My preference is rule of law (which also makes sense as an instrumental value), I suspect yours is too. TDT doesn't care. It can't tell you your preferences (though it can tell you which instrumental values would make sense).
...D
Below is a message I just got from jackk. Some specifics have been redacted 1) so that we can discuss general policy rather than the details of this specific case 2) because presumption of innocence, just in case there happens to be an innocuous explanation to this.
So... thoughts? I have mod powers, but when I was granted them I was basically just told to use them to fight spam; there was never any discussion of any other policy, and I don't feel like I have the authority to decide on the suitable course of action without consulting the rest of the community.