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Small-minded Breach of 46A

#61 User is offline   lamford 

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Posted 2013-November-24, 16:10

 aguahombre, on 2013-November-24, 15:44, said:

Except for the part about your giving the rest of the posters' opinions a fair hearing, I totally agree.

On the contrary; I may not agree with some of the posters, but, to paraphrase Oscar Wilde, I will defend to the death their right to make an ass of themselves.
I prefer to give the lawmakers credit for stating things for a reason - barmar
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#62 User is offline   dburn 

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Posted 2013-November-24, 17:21

Oh, this thread and the question that began it is not weak at all. The matters that it raises are of considerable importance.

Here is some fellow who has departed from a legally required procedure in respect of the calling of a card from dummy. He has done so intentionally in order to gain some advantage. Law 72B is clear: a player must not infringe a law intentionally. Of course, only philosophers know what that means; the rest of you think that it means "with intent to break the law". It does not.

Law 73D2 is clearer still: "A player may not attempt to mislead an opponent by means of [...] any purposeful deviation from correct procedure". In calling expressly for a small diamond, South was purposefully deviating from correct procedure in an attempt to induce an error from East, and a score adjustment was in order when this machination succeeded.

At least, that is (or so I surmise) the view and the intent of the OP. He has the Law on his side, and the Law is the true embodiment of everything that's excellent.

On the other hand, I have just attended a tournament at which every single player (including myself) broke the Law a good few hundred times over the course of a weekend. What did they do? Why, they asked for a small card from dummy. Were the Directors called when this happened? Actually, no. What would they have done if it had happened? Their protocols doubtless proscribe them from telling the paying customers to go and boil their heads, which would in this case be a pity.

"The common law", said Travers Humphreys, "is founded on common sense. The other law is made by politicians." Calling "small", or "small diamond", is technically an infraction of Law, but is a procedure so well established by custom and practice that to all intents and purposes it is legal, or (what is not quite the same thing, but ought to be) "not illegal". It is to be hoped that Laws 46 and 47 will be revised in the next edition of the Laws so that what has been done by everybody on what must be a total of billions of occasions does not constitute a breach of Law.

To that extent, this thread has drawn attention to a deficiency in the Laws that ought to be rectified. It raises also questions as to what is and what is not a "legitimate swindle", if there can be such a thing. Such matters are entirely subjective, and if experience has taught me anything it is that people who think one way cannot be reconciled with people who think the other way even though both may be equally right or equally wrong.

Incidentally, if Grosvenor were East, he would have ruffed the third diamond with the two.
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We hang for what they wrote.
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#63 User is offline   aguahombre 

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Posted 2013-November-24, 18:05

A true Grosvenor Gambit requires two things the small ruff would lack....the gain-back of the trick(s) it would have cost, and intent to tick off Declarer thereby.
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#64 User is offline   lamford 

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Posted 2013-November-24, 18:13

 aguahombre, on 2013-November-24, 18:05, said:

A true Grosvenor Gambit requires two things the small ruff would lack....the gain-back of the trick(s) it would have cost, and intent to tick off Declarer thereby.

Indeed it fulfils both of those, in that declarer may now conclude that East does not have K2 (or would ruff high) and play for his only legitimate chance of J2, by over-ruffing and running the queen, which was his genuine line all along. The alert East would also ask to see the previous trick after it was quitted, and take umbrage when the request is declined, before ruffing with the two ...
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#65 User is offline   dburn 

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Posted 2013-November-24, 19:12

Quite so. Agua, when they ask us "Can you speak Rhinoceros?" we say "Of causeros. Can't you?"
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It little matters what they thought -
We hang for what they wrote.
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#66 User is offline   Cascade 

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Posted 2013-November-24, 20:01

 pran, on 2013-November-24, 03:11, said:

I agree, but this is a technicality. Don't forget


The only sensible interpretation of this is that penalization should only take place when there are aggravating circumstances.
(And I see none in the description of the case we discuss here.)


I am coming late to this thread and havent read all of the subsequent posts but an adjustment is not a penalisation.
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#67 User is offline   Vampyr 

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Posted 2013-November-24, 20:40

 JLOGIC, on 2013-November-24, 05:20, said:

You guys are actually directors and might rule in this manner?


I think that the point is actually that the Laws are wrong by making the calling of "small" an infraction. Lamford's threads tend to give examples of the literal application of the Laws, to demonstrate deficiencies in the Laws.
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#68 User is offline   iviehoff 

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Posted 2013-November-25, 03:26

 lamford, on 2013-November-24, 07:18, said:

Calling for the six of diamonds had a reasonable chance of success, we will call it x%. Against this particular East, that would have been quite high, as East has to realise that it is a winner, when he should work out to ruff with the king, not a small one. Let us guess that it would have worked 75% of the time anyway. I checked out 30 hands recently with declarers of different strengths. When they are running a suit from dummy, and they are only winners, or the only cards of that suit left, they usually say "diamond", for example, and sometimes specify the card, and sometime say "top diamond". In 30 instances I watched, when the cards were equal, "low diamond" was not selected once.

It is clear that by selecting the phrase "low diamond" in this instance, taking into account the whole hand, not just the phrase on its own, declarer could have known that the deliberate breach of Law 46A could have been to his benefit. It could easily reinforce the belief in East's mind that declarer intended to ruff this. It increased the chance of making the contract from x% to x+y%. It is this y%, with some adjustment in favour of the non-offenders, that you award to EW for the infraction. The problem occurs in non-weighted-score land, where I presume that you have to give one score or another.

You would give up bridge if a TD ruled in favour of EW here. I would give up bridge if coffee-housing of this type became prevalent and was not punished. Out of interest, how would you rule if declarer has said "play the losing diamond" and dummy had led the six?

For what it is worth, if declarer had said "diamond", I would not adjust, as I would estimate that y is indeed 0%.

What if this player never calls "six of diamonds" or "diamond" when the six is the small one, he always calls "small diamond". South is bang to rights if his call of "small" was not his routine practice, but let us suppose it is his routine practice. If on this occasion instead he chose to say "six of diamonds", or, as you suggest, "diamond", those would equally be an offence against the proprieties: L 74A3 requires a player to be uniform in his procedure. Having got into the habit of always saying "small", an apparently unobjectional habit widely folled, now I don't think the player has available a method of calling for the 6 that isn't irregular.

To change your designation from "small diamond" to "diamond" when and only when the cards are of equivalent rank is surely something that cannot be required. A player is not required to know that his own cards are of equivalent rank.

Who is "coffee-housing" who here? We could change the law so that "small" was a legal designation, and we would all be happy. Then, assuming South hasn't deliberately used different designatino from usual, South couldn't even be accused of any kind of malpractice. I think to accuse someone of coffee-housing when they are just doing what we'd probably like them to do is ridiculous.
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#69 User is offline   lamford 

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Posted 2013-November-25, 06:18

 iviehoff, on 2013-November-25, 03:26, said:

What if this player never calls "six of diamonds" or "diamond" when the six is the small one, he always calls "small diamond".

Under the Laws as they stand he will always be committing an infraction, and he suffers the consequences when and only when damage results. If someone claims he always asks about an alert, you might regard the question as not giving UI, but establishing whether his claim is true is never easy. It would be harder still to establish the player's habits when he wants to play the smallest card from dummy.

You could argue that no motorist should be prosecuted for driving between 70 mph and 80 mph in the UK, because everyone does it. The solution is to change the Law. But then you will argue that no motorist should be prosecuted for driving between 80 mph and 90 mph because everyone does it ...
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#70 User is offline   lamford 

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Posted 2013-November-25, 06:22

 iviehoff, on 2013-November-25, 03:26, said:

A player is not required to know that his own cards are of equivalent rank.

I agree. The solution is to change the Law, deleting Law 46A altogether. "Any" should also mean that the opponents choose. We then have to deal with things like "discard any loser", "discard any small card" etc.
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#71 User is offline   chrism 

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Posted 2013-November-25, 07:16

 lamford, on 2013-November-24, 07:45, said:

That is not the benchmark that is applied. The question is could the so-called "Probst cheat" have known? One of John's constructions was the player dropping both small cards from Kxx in a slam when declarer led the queen of trumps from QJTxx opposite Axxxx. We rule against this "Probst cheat", even though it is extremely unlikely that anyone could think quickly enough to pull off that ruse.

I am familiar with the "Probst cheat" principle, and often paraphrase it when explaining to virtuous offenders why an adverse ruling is not an accusation of cheating. However, it is an interpretation of the law, albeit an excellent one, that is not explicit in a literal reading. Law 73F does not instruct us how to determine whether declarer could have known of possible damage, which I believe introduces a small crack through which justice can be allowed to enter the process of litigation, though such a dangerous concept obviously needs to be handled with caution :)
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#72 User is offline   billw55 

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Posted 2013-November-25, 08:13

 RunemPard, on 2013-November-22, 19:05, said:

I never realized it was my responsibility to help the opponents keep track of the cards left in play...what a joke of a TD call.

Fortunately, no actual TD was burdened with responding to this call.
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#73 User is offline   iviehoff 

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Posted 2013-November-25, 10:46

 lamford, on 2013-November-25, 06:18, said:

Under the Laws as they stand he will always be committing an infraction, and he suffers the consequences when and only when damage results.
...
You could argue that no motorist should be prosecuted for driving between 70 mph and 80 mph in the UK, because everyone does it. The solution is to change the Law.

The difference is that calling "small" as a way of designating the smallest card in a suit is essentially harmless and should be legalised, rather than the curious situation of being officially defined as an irregularity but then given an official interpretation because everyone does it all the time. A player who religiously calls every card by suit and denomination is thought of as rather annoyingly stuck-up. One could even say it is actually to the benefit of the game that people call the card as small rather than numbering it every time, as it reduces brain processing effort. Once one realises that the action complained of could be harmlessly legalised, then any suggestion that there is damage, of any kind other than what a bridge-lawyer's avariciousness can point to, goes away.

Now if someone is complaining that a player is deliberately changing his mode of designation from card to card to disconcert or distract an opponent, then that is a realistic complaint.
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#74 User is offline   lamford 

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Posted 2013-November-25, 11:59

 iviehoff, on 2013-November-25, 10:46, said:

A player who religiously calls every card by suit and denomination is thought of as rather annoyingly stuck-up.

Indeed, there is a strong county player who always says, "king of diamonds, please, partner" or "six of diamonds, please, partner" every ******* time. I also think "small" is annoying when the dummy has a singleton ace. "Play" is another form that I see, which is fine. All these are technical infractions, but it is hard to see how they can gain. This case is different. "Small diamond" was chosen in order to catch East napping and it succeeded. There is no need to divine intent. "Could have been aware" is enough.
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#75 User is offline   blackshoe 

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Posted 2013-November-25, 12:08

 lamford, on 2013-November-25, 11:59, said:

"Small diamond" was chosen in order to catch East napping and it succeeded.

How do you know that? How is the table director supposed to know it?
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#76 User is offline   lamford 

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Posted 2013-November-25, 12:13

 blackshoe, on 2013-November-25, 12:08, said:

How do you know that? How is the table director supposed to know it?

I know; I was that soldier. And the TD does not need to know it; he only needs to work out that declarer "could have been aware" that his infraction would benefit him.
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#77 User is offline   blackshoe 

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Posted 2013-November-25, 12:21

 lamford, on 2013-November-25, 12:13, said:

I know; I was that soldier.

Wakarimasen. :unsure:
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#78 User is offline   billw55 

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Posted 2013-November-25, 12:33

 lamford, on 2013-November-25, 12:13, said:

I know; I was that soldier.

Are you claiming that this actually happened in real play?
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#79 User is offline   lamford 

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Posted 2013-November-25, 16:56

 billw55, on 2013-November-25, 12:33, said:

Are you claiming that this actually happened in real play?

Any resemblance to persons or events, real or imaginary, in any of my posts is purely coincidental. The hypothetical South, described as a sharp operator quick to exploit weak players, called for a "small diamond" in order to attempt to deceive, because the OP implies that he did, and I confirm that he did. However, proving intent is irrelevant, as "could have been aware" is enough.
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#80 User is offline   pran 

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Posted 2013-November-25, 18:18

 lamford, on 2013-November-25, 11:59, said:

[...]I also think "small" is annoying when the dummy has a singleton ace. [...]

I once had the unusual experience of repeatedly calling "small" six or so times in a row. Dummy held something like KQJ in a couple of suits, I overtook the Jack with the Ace and cashed two more tricks in that suit, then repeated the process with the next suit.

Everybody got a laugh and considered it a funny joke. Why not just leave it there?
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