May a SI or MNA's prescription modify a Basic principle if it states that: "This modifies the preamble of basic principles"?
The new rulebook makes it clear that the basic principles are not rules (see definition
Rule), but it is unclear whether the preamble of that section is. In any case, it seems that it doesn't matter too much, since if it is not a
Rule or racing rule, it does not have the power to enforce anything and can be modified or deleted, and if it is, since it is not listed in RRS
86.1, the prescriptions of any NMA or the Notice of Race or the Sailing Instructions may modify it.
Is there something I'm missing, or is this a new loophole?
Each specific entry of RRS 86.1 is stated in a sentence where the "object" of the sentence "a racing rule". Therefore 86.1 only applies to "racing rules" which by Introduction:Terminology is "A rule in the RRS".
The Basic Principles are not rules and therefore the preamble is also not a rule. The preamble states that BP's shall not be changed.
I think that closes the loop.
Ang
Please click here and find Submission E05-24.
This should answer your question.
Link to Rule Study Materials (which explain the rule reasons for rule changes).
Ben
Francisco's "loophole" concerns whether or not Basic Principle's preamble is protected from change, as that is the only thing protecting the BP's themselves.
RRS 86.1 does [not] protect preambles from change, and therefore BP's preamble is open to change and thus the BP's are as well.
Since BP's are no longer rules, what rule does changing them or their preamble break?
And this all begs the question to what level of Limbo does this relegate the BP's in the RRS?
Seems at best, it's one reliable source of what "Sportmanship" means i.e. ... "... in the sense ordinarily understood in nautical or general use."
PS: Instead of removing BP from 86.1, they could have moved it in front of "racing rules" in the sentence.
Below is basically taking the preamble to Basic Principles and putting it at the front of 86.1, which allows the logic of 86.1 to still work.
Or since titles to rules are not rules, having BP in there isn't a problem without changing the title.
So nothing in the RRS either:
The Basic Principles are not a rule so, according to the RRS, changing them is neither authorised nor forbidden.
We now come down to a purely semantic or philosophical argument whether something that is 'basic' and a 'principle can be changed.
Presumably the only reason why you would want to change the preamble is so you can change the Basic Principles
But as Bill Stump said Why do you want to ‘modify’ it?
That's a bit beside the point that Francisco raises as he does not offer a need or reason to do so, just that it seems open to it. It's a worthy topic on its own.
OK .. here's a hypothetical .. (I am not advocating this at all .. but you asked for an example).
How many of us have talked with sailors who talk about "being Corinthian"? In my experience, most use that term to convey the idea of being sportsmanlike.
I can't tell you how many times I've heard sailors say, "I didn't protest because I wanted to be Corinthian" .. or "He protested me on that when we should have just settled it at the bar" (with the idea that that protesting over small fouls is "un-Corinthian").
There is a significant portion of club-level sailors who do not accept that it is a basic principle of racing sailboats that they should enforce the rules .. or be protested or expected to protest others on the "small stuff".
So, a bunch of these folk get together and decide that the BP "Sportsmanship and the Rules" does not actually represent how they feel about the sport. In their mind, "needing to follow and enforce the rules" is not "Corinthian" and they want to set lower expectations and they figure out some other way to express it that suits them better.
Pretty clear and no loopholes.
Putting it into RRS 86.1 (as shown below) would sew it up .. (additions shown in brackets [ ] )
Furthermore, rule 86.1 makes it very clear that a racing rule shall not be changed unless permitted in the rule itself. And the preamble does not permit such a change, so the preamble to the Basic Principles shall not be changed and therefore the Basic Principles shall not be changed.
IMO, the BP's preamble statement is misplaced. As shown above, it would be clearer if simply moved into 86.1.
Rule ... (a) The rules in this book, including .., preambles
I think that is very clear.
It's another matter of interpretation to me.
If it fits the intention, then why not?
Well, I may be wrong, but this interpretation fits the underlying intention that BPs shall not be changed. The basic principals includes everything under the title with that name.
Rule 86.1 does not apply to any of the right hand set.
I think it makes total sense that the Basic Principals cannot be changed.
All too often, I hear people saying, "Oh.. they're kids. The rules don't matter so much." Or, "It's green fleet. Let's let them off." Even (noting Ang's disclaimer) in the adult world, some people suggest that the basic principals need adjusting to make the game more fun.
While I agree and encourage modification of the rules to be appropriate to the competitors**, experience and rewards, the basic principals are the foundations of the sport - the glue which holds the sport together.
In sailing they are simple. Be fair and accept and follow the rules, don't condone breaches of the rules. Oh, and don't impact the environment.
They should not change, no matter what the level of game being played.
Note, this is different to modifications made to the equipment, or dispute system based on age/experience or even including say, dock-side court for a bunch who'd prefer to be in the bar rather than the protest room at the end of racing.
The laws of Rugby include 'The Playing Charter'. Similar to the RRS Basic Principals, the Rugby Playing Charter are a set of fundamental values which glue the sport of rugby together and apply at all levels and to all versions of the game. While the sailing Basic Principals are simple and to the point, the rugby Playing Charter includes quite a good explanation of their Basic Principals, much of which is applicable to the sport of sailing Basic Principals.
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(**Lastly, a thread hijack: Just for the record, I believe that Sailing is quite far behind in modifications for age/maturity/experience. It's a pet project of mine; to work towards an officially recognised 'mini' game, similar to what many other sports have.)
Officially recognised mini-versions of sports.
Soccer (Football) - Futsal
(Speaking of Rugby, will Ireland beat France tonight?)
:-P
Ben, in the mini's, do some of these include modifications to their BP's which introduce or emphasize aspects appropriate for youngsters?
Fair enough. The Venn diagram simply says in my opinion how the Preamble is part of the basic principals, and so is included in the exception.
I think the mini games do not generally adjust the BPs of the game. That's the point.