bluejak, on May 14 2010, 01:55 PM, said:
dburn, on May 12 2010, 01:48 AM, said:
bluejak, on May 11 2010, 04:24 PM, said:
The Laws are not designed to prevent cheating.
This is one of the most extraordinary statements I have ever heard. If the Laws are not designed to prevent cheating, what in blazes are they designed to do?
They are designed to run a game, and define how it is played. If you do not know this, I am absolutely flabbergasted. Surely you realise that the Laws are designed to control the playing of bridge?
Of course they are. But in defining how a game is played, its Laws say also how it is not played. That is: they render certain practices illegal (failing to follow suit when able to do so, communicating with partner other than by means of legal calls and plays, and so on and and so forth).
For these illegal practices, the Laws impose what used to be called "penalties" but are now called "rectifications" (however, for something to be put right, a wrong must first have been done). That is: the Laws seek to provide redress when players act illegally either through ignorance or by design.
In so doing, the Laws take no particular notice of whether an offender
has acted illegally through ignorance or by design. Although there is a common assumption that no one will "really" act illegally on purpose, this does not matter - the "penalty" or the "rectification" will be identical regardless of the actual motive of the offender. As I once put it in a remark that led to the existence of that helpful legal fiction the "Probst Cheat":
When we rule against you, we do not say that you are a cheat; we say only that you did what a cheat might have done.
We are right to do so, of course, for the vast majority of infractions are committed through ignorance and not by design - no one actually revokes on purpose. But again, this does not matter: what the Laws are designed to do is to ensure that no one derives benefit from breaking them, no matter what their motives. That is: the Laws are designed to prevent cheats from prospering, and in that (important) respect to prevent (by deterring) cheating.
In English, the verb "to cheat" carries a very definite connotation of wilfulness; to cheat is to gain an advantage through deliberate chicanery. It is true that at bridge, most people who break the Laws do not do so by design, and are thus not actually "cheats" - but again, this does not matter, for they will be dealt with as though they were.
It is also true that anyone who is incontrovertibly found to have attempted to gain an advantage by a premeditated attempt to break the Laws is dealt with far more severely than someone who is merely found to have acted illegally while the balance of his mind was temporarily disturbed. That is why, for example, Law 73B2 says that:
Laws of Duplicate Bridge 2007 Code said:
The gravest possible offence is for a partnership to exchange information through prearranged methods of communication other than those sanctioned by these Laws.
That Law is expressly designed to prevent cheating. But so are all the other Laws, from Law 1 onwards; if you break one of those Laws, you are not necessarily a cheat - but you might be.