blackshoe, on 2011-February-25, 15:57, said:
Do they deviate in this way "willfully"? Well, the word means "intentionally" or "deliberately". I submit that while perhaps the first few times they don't do it "willfully", once they've got away with it those times, it is deliberate to continue doing it. And I wouldn't call issuing a PP for it "frivolous" — unless you're of the school of thought of some of the directors around here, one of whom has said on more than one occasion that she would never issue a PP, for any reason. Frankly, I think she's blowing smoke, and if somebody pissed her off enough, she'd issue a PP, whether a committee might overturn it or not, whether others might consider it frivolous or not, and damn the consequences. And notwithstanding that being pissed off is the wrong reason for issuing a PP.
The guidance the laws give for issuance of PPs boils down to {1} when the law says "must do", this is "a serious matter indeed" and ought, IMO, to incur a PP almost for almost every infraction, when the law says "shall do" a PP should be issued "more often than not", and when it says "should" do, PPs should not be issued often, but there is no guidance that says "never", {2} a PP may be issued for any violation of correct procedure, {3} whether to issue a PP is completely a matter for the TD's discretion.
I note that "primarily designed" does not preclude "punishment".
Now if the general rule is to be "screw what the law says, if 'everybody' does it, we're not going to say anything", then why do we have a law book at all?
I sort of agree with you, and even sort of agree with dburn and by implication others.
I wonder why the equitable clause is there.
I have never understood why we bother to allow claims by law, when poor players never make them, middle players get them wrong, and top players ignore the law.