The following evolved from
one of my comments in the Part 5 thread here. I'm very interested in your thoughts on this. I simply have an aversion to the the self-reference ... IMO it's really bad logic and English.
This is what RRS 60.4(a)(1) says when you straighten it out ....
60.4(a)(1) A protest is invalid if it does not comply with the definition Protest ..
Below is my proposal to "fix" it.
Proposal #1:
60.4 Protest Validity
(a) A protest is invalid
(1) if it does not comply with the definition Protest or [rule 60.1, ] 60.2 or 60.3,
REASONS FOR CHANGE
#1, Having def: protest in there is illogical.
The self-reference there is really bad and can't make sense. Both instances of the word "protest" are italicized in the sentence, so we can't say that the first instance of "protest" is some more general understanding of the word "protest" and then the second a refinement.
#2 Having def: protest in there is VERY confusing.
Looking at def: protest
Protest: An allegation made under rule 60 by a boat or a committee that a boat has broken a rule.
So, if a protest-filing doesn't have these elements, it's now "invalid"? Looking at the elements of def: protest only in the context of validity, we have these 4 elements ...
- It's an allegation
- that is made under rule 60
- by a boat or committee
- that a boat had broken a rule
Comments on above ...
- fine .. it's an allegation
- referencing the entire rule 60 would mean that someone would have to parse through all of rule 60 at the validity stage.
- Yes .. by a boat or committee
- "rule" is italicized in 60.4(a)(1). This seems to add citing a rule to the protest filing requirements for validity, which is in conflict with RRS 60.3(a).
- What if the boat doesn't, is it now invalid?
- What if it is clear to the PC that allegation doesn't actually reference a rule? For instance, "Boat B did not sail their proper course". Do we look at that and determine 'there is no rule that requires a boat to sail their proper course' .. therefore the protest is invalid?
- The above are basis to "dismiss" the protest, but not to determine it is "invalid"
#3 Having def: protest in there is unnecessary
Having def: protest in there doesn't add anything. By replacing it with 60.1, we clearly add that the protest must come only from a boat or committee to be valid.
There is no requirement to identify which rule. And the PC is free to modify the allegation, if a different rule is found to apply.
The PC is free to interpret a submission of parts 1,2, 3, and a story as an allegation of rule infraction.
Angelo, would your concern be somewhat abated if the first occurrence of the word protest were not italicised? I suppose we have the almost philosophical question as to whether an invalid protest is yet a protest?
I think the intent was to make things clearer in this quad, which is cleanly stated in 60.3(a). By putting def: protest in there as they did, that muddies 60.3(a)'s clarity IMO.
For me, I'm fine with ID'ing the parties and the incident and then figuring the rest out in a hearing. If there is no rule broken because no rule actually exists which could apply, then we normally "dismiss" the protest after a hearing after concluding that the actions of the boat does not break a rule ... not invalidate it prior to a hearing.
The self referencing issue is just a sentence-structure logic thing for me. Maybe it's just my engineering-mind's gears that get jammed each time I read it .. and it reads fine for others.
Robin, I really don't follow your argument. The first and foremost part of the definition is that its an allegation. I don't see why the word allegation needs to be repeated in the text of 60.3. I do think, though, the definition should be clearer as to whether the allegation is that an unspecified rule has been broken, or a specified one. There's an argument, I suppose, that if the rule broken is not specified its hardly an allegation at all, but I agree its unsatisfactory. It would be better, to my mind, if the rule still specifically required the protestor to specify a rule. Otherwise, as Rene says, we are at risk of permitting fishing expeditions, which seems undesirable and would make for very long nights for the Olympic Jury!
Both incidents of "protest" are italicized in that sentence.
PS: Terminology: A term used in the sense stated in the Definitions is printed in italics.