David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Sport, Ethics and Philosophy 3 (1):3-18 (2009)
At IAPS Ljubljana conference (September 2007) Dag Vidar Hanstad and Sigmund Loland presented a paper on elite-level athletes' duty to provide information on their whereabouts, to decide between two opposing positions: is this WADA demand justifiable anti-doping work or an indefensible surveillance regime? They concluded that on moral grounds this regime is conditionally acceptable, the condition being the acceptability of a general framework and objectives embodied in anti-doping global legislative foundations (the World Anti-Doping Code). But, as they said, principled objections against the system have more universal relevance, which has to be taken seriously . To take this ambiguous and intriguing conclusion a step further, I propose a legal rather than ethical approach, from the aspect of constitutional and international human rights law, and the possible clash of two legally acknowledged values - the concept of elite sport without doping, and the concept of individual human rights. This conflict between ideological or moral values and the legality of individual rights is not a novelty. This paper presents three instances of this conflict: Bernard de Mandeville's differentiation between public and private values; Eug ne Sue's parallel legal and civil morals; and the contemporary moralisation of law which conflates legality into morality. The subordination of legality to morality has potentially dangerous consequences: here, Agamben's 'state of exception' comes to mind, with his analysis of potestas and auctoritas. However, in the case of sport and the war against doping, the origin of power is not in the nation state; it originates in civil society's non-governmental national and international bodies recognised as autonomous sources of legal order
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Michel Foucault (1977). Discipline and Punish. Vintage Books.
Bernard Mandeville (1924/1989). The Fable of the Bees, or, Private Vices, Publick Benefits. Liberty Classics.
Citations of this work BETA
Ivo Jirásek & Peter M. Hopsicker (2010). Philosophical Kinanthropology (Philosophy of Physical Culture, Philosophy of Sport) in Slavonic Countries: The Culture, the Writers, and the Current Directions. Journal of the Philosophy of Sport 37 (2):253-270.
Similar books and articles
Brent M. Kious (2008). Philosophy on Steroids: Why the Anti-Doping Position Could Use a Little Enhancement. Theoretical Medicine and Bioethics 29 (4):213-234.
Nghia Hoang, International Human Rights Law and the Protection of the Individual's Rights in the Age of Terrorism: The Case of the United Kingdom.
Michael I. Kalinski (2003). State-Sponsored Research on Creatine Supplements and Blood Doping in Elite Soviet Sport. Perspectives in Biology and Medicine 46 (3):445-451.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Andy Miah, Citation, Please Cite the Printed Work: Miah, A. (2006) Rethinking Enhancement in Sport, in Bainbridge, W.S. & Roco, M.C. 'Progress in Convergence: Technologies for Human Wellbeing.' Annals of The. [REVIEW]
Andy Miah (2012). Genetic Technologies and Sport: The New Ethical Issue. Journal of the Philosophy of Sport 28 (1):32-52.
Andy Miah (2007). Genetics, Bioethics and Sport. Sport, Ethics and Philosophy 1 (2):146 – 158.
Bengt Kayser, Alexandre Mauron & Andy Miah (2007). Current Anti-Doping Policy: A Critical Appraisal. [REVIEW] BMC Medical Ethics 8 (1):2.
Andy Miah & Alexandre Mauron (2007). Current Anti-Doping Policy: A Critical Appraisal. [REVIEW] BMC Medical Ethics 8 (1):1-10.
Added to index2010-07-27
Total downloads17 ( #96,207 of 1,099,035 )
Recent downloads (6 months)4 ( #80,012 of 1,099,035 )
How can I increase my downloads?