campboy, on 2013-May-19, 16:11, said:
I agree that "might" is a bit weak and would prefer "might well" or "would be likely to". But I think "would" is far too strong. In a hypothetical case where everyone says they would toss a mental coin between two alternatives, it should be clear that each is an LA and yet under your suggested wording it would seem to me that neither is an LA.
And I agree that it is very likely that an action which is being seriously considered by a significant number will satisfy the other criterion -- whatever it is -- and the TD will usually judge that it does. But the TD might sometimes judge otherwise.
The EBU doesn't agree with you. As gordontd states, the advice is:
"If a significant proportion would consider the action, then the TD should next decide whether some
would actually choose it." (my emphasis)
The TD is not asked to judge whether some of them
might choose it, as they would be if one followed the wrong wording of the Law.
And for what it is worth if everyone would toss a mental coin then it would be judged that some might choose it and some would choose it, in both cases 50% - assuming the mental coin is unbiased.
I prefer to give the lawmakers credit for stating things for a reason - barmar