This is actually the problem I have with your use of the word presume.
If we had fully acted as if the defendant was beyond all doubt innocent, then why is there a trial at all?
Have I,
even once, said "beyond all doubt innocent", or even anything which could be spindled, folded, or mutilated into that?
I have
repeatedly spoken of a presumption of innocence unless (or until) evidence suggests otherwise. I've used either that exact phrase--"until evidence suggests otherwise"--or some close variation over and over again.
A court has a lot of procedures in place for trying to determine the guilt of the defendant. However during the court case there are not the same level of procedure for scrutinising the judge (The mechanisms for that happens outside the context of the court case).
Er...actually they are? Like legitimately. Within the context of a currently-active trial, they're motions. After, they're appeals. Like that's literally the same actions you take to address whether the court has correctly determined the guilt of a defendant.
So in this context "presume not guilty" clearly we are not to mean "arranging the entire activity in the way we had done if we had known for an absolute fact that the person in question is not guilty"
I don't see how that doesn't get exactly the same standard. We arrange courts to protect against biased judges too! As in, there's literally a body of law and practice about that specific thing.
Even if not, that is
literally actually what Lanefan said, so no, I don't accept this substitution. It literally was that we have to assume players are cheaters who will immediately jump on an opportunity to cheat as soon as the referee isn't looking, and will only be held back by the fact that if they do cheat, they'll get caught.
The same can be said about how to arrange a game. I think noone is saying that all players are scoundrels. It can still be sensible to arrange the game so that even if one of the players tend toward taking egoistic decissions over the common good, the game is fun. This can be done by introducing incentives and procedures that make the egoistic choices align with the common good. If there are procedures that can acheive this with minimal disruption, that seem very tempting to introduce it doesn't it? Blanket dismissing it on the grounds of "we should presume innocence" sounds like pure naivety?
Then why should we not arrange things so that,
even if the GM isn't entirely above board, the result is still fun? You still haven't actually defended the idea that GMs need to be above suspicion, while the game needs to be structured around resilience against player misbehavior.
It seems just as "very tempting" to remove a singular massive point of failure. More, really, since that's only needing to care about the behavior of one single person. Much easier to control that than to control the whole group! Surely, if we can "achieve this with minimal disruption", we should, right?
And this is where the justification for asymmetry come in. We have found a structure that allow for only one point of failure with minimal limitations on the activity. Unfortunately this involves procedures that are applicable to everyone but one of the participants. Analogous procedures are not applicable to that last participant due to differences in role (like not earning xp). While I believe everyone would agree that if there is found procedures that would apply to the final participant while being similarly non-distruptive, that would be very welcome. However so far that has not been found to my knowledge.
I don't see that. I genuinely do not see that point in what you argued. Instead, all you've said is that protection against misbehavior, so long as it doesn't disrupt things, is desirable. That I agree with. Just vaguely waving a hand at "the GM's role is different" doesn't somehow justify the GM being
above suspicion.
As such these assumptions is in no way a statement about the persons inherent moral character. It is solid practical advice for how to get good game experiences.
It's not a matter of statements about someone's moral character. While I find such things tedious and unhelpful, I don't consider that worth planting a flag over. "I deserve to be trusted because I'm GM, you don't deserve any trust because you're a player" is a standard I simply do not and cannot accept. Either everyone deserves trust
unless and until evidence suggests otherwise, or no one deserves it.