Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, Germany, Australia, Great Britain, (...) the US and the Netherlands, by authors of various nationalities. (shrink)

There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.

World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach.

Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...) deny liability to them. I will suggest an explanation for Nino's irrevocability claim. (shrink)

Robin Dembroff (Real Talk about the Metaphysics of Gender, 2018) believes that ‘non-binary’ is a social kind. I have my doubts about this, but if it is a social kind, then it is a very special one. The membership conditions of the social kind ‘non-binary’ are only accessible to non-binary persons. They establish and police their own membership conditions (Dembroff 2018: 36f.): ‘Individuals are granted authority over their gender kind membership.’ So, if this is indeed a ‘social kind’, then it (...) is a highly unusual one. (shrink)

In life there can be good reasons to break the rules. Some sports philosophers have suggested that this also holds for games. In this essay I will compare and contrast reasons for rule-breaking in life and in sports. Some of my focus will be on recent attempts to defend strategic fouling (by Eylon & Horowitz, Russell, and Flynn). Supporters of strategic fouling try to provide a philosophical underpinning for the practice, but they ignore the genealogy of such rule-violations. I will (...) also discuss how some legal theorists view rule-breaking and contrast this with sport. Lastly, I will introduce the idea of ‘transcendental rules’ in games. They are the conditions for the possibility of playing a game. Following Aurel Kolnai, I will argue that strategic fouling violates a transcendental rule – it is not just a moral error, it is also a conceptual error. (shrink)

The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...) maze I will argue that the Strategic Foul rests on a conceptual mistake. I will contrast the Strategic Foul with the idea of Efficient Breach in the economic approach to law in order to bring out some of the salient features. While doing so I will attempt some cross-fertilisation between jurisprudential insights and philosophical reflection on game rules. Finally, I will re-cast Searle’s distinction between constitutive and regulative rules in order to bring out the conceptual mistake more clearly. (shrink)

Given Bernard Suits’ stature in the philosophy of sport, his take on strategic fouling, surprisingly, hasn’t been given much attention in the literature. Rather than relying on a purely empirical or ‘ethos’ approach to justify the Strategic Foul he provides a mixed justification. Suits’ account combines a priori and a posteriori elements. He introduces a third kind of rule, which appears to be unlike rules of skill or constitutive rules, into his conceptual scheme. Suits claims that it is sometimes tactically (...) correct to break such a rule in order to gain an advantage. I will argue that the a priori element in his justification of strategic fouling is unconvincing because there is nothing special about ‘third type’ rule-violations, which incur a ‘fixed penalty’. Furthermore, the a posteriori element ultimately reduces to a rule of skill, and it is doubtful whether it has sufficient normative force to warrant breaking a rule. But, most importantly, the a posteriori element degrades the power of the a priori element. (shrink)

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

As sports have become more professional, winning has become more important. This emphasis on results, rather than sporting virtue and winning in style, probably explains the rising incidence of the Strategic Foul. Surprisingly, it has found some apologists among the philosophers of sport. The discussion of the Strategic Foul in the literature has produced subtle distinctions (e.g. Cesar Torres: constitutive skills versus restorative skills) as well as implausible distinctions (e.g. D’Agostino: ‘impermissible’ but ‘acceptable’ behaviour). In this paper I will review (...) Robert Simon’s defence of strategic fouling and conclude that his justification is not convincing. (shrink)

This paper offers a discussion of the rationale for the creation of sports categorization criteria based on sporting genealogy and the gendered body, as proposed by Torres et al. in their article ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport’. The strength of their ‘phenomenological’ account lies in its complex account of human experience; but this is also what makes it impractical and difficult to operationalize. Categorization rather requires simplicity and practicability, if it (...) is to be applied to all athletes (and not exceptionally to transgender athletes). This discussion helps us to formulate three general principles for the process of categorization of athletes, relating to fairness, verifiability and practicability. (shrink)

Gaunilo presents Anselm with a dilemma in section 7 of his Responsio: I know most certainly that I exist. But If I cannot think my non-existence at the same time, then Anselm's claim in Proslogion 3 (that my inability to think God's non-existence, while knowing most certainly that He exists, is a unique property of God) would be false. If I can do so, however, then I should also be able to know most certainly that God exists and, at the (...) same time, think his non-existence. I will show that Anselm's response to Gaunilo's attack is not adequate because it does not address the issue of certainty, which is at the heart of Gaunilo's objection. (shrink)

The recently published ‘Scientific Review’ by the Canadian Centre for Ethics in Sport about transwomen’s participation in female sport doesn’t deserve its name; it is wholly unscientific. This publication follows a familiar pattern. The body is not important anymore when it comes to categorisation and eligibility in sport; instead, it’s all about a psychological phenomenon: gender identity. This side-lining of the body (which makes the side-lining of female athletes and the inclusion of male-born athletes possible) is now reinforced by an (...) attack on the bio-medical sciences. (shrink)

Contents: 1. Testosterone is not the only Game in Town: The Transgender Woman Athlete 2. Queer Language Lessons: The Confusion over ‘My Pronouns’ 3. Legal Fictions: Changing Sex by Changing Gender 4. More than a Feeling: Rock Stars, Heroines and Transwomen 5. To Compete, or not to Compete, that is the Question: Which is Nobler for Transwomen Athletes? 6. The Power of Words 7. Feminism, Conceptual Engineering, and Trans Identit.

In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is (...) the consent which Nino employs. I argue that Nino’s conception of consent in crime exhibits many common features of “everyday” consent, which justify that it be classed as a form of (implied) consent. h us, Nino is right to claim that the consent in crime is similar to the consent in contracts and to the consent to assume a risk in tort law. (shrink)

Both of Gettier's examples are not representative of situations in which we would claim knowledge – we do not use language in this way. Therefore, Gettier has not shown that justified true belief is insufficient for knowledge. I am not denying that there is a problem about the definition of knowledge. Several decades earlier, Russell dealt with this problem, using a stopped clock to illustrate it.

This paper offers a discussion of the rationale for the creation of sports categorization criteria based on sporting genealogy and the gendered body, as proposed by Torres et al. in their article ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport’. The strength of their ‘phenomenological’ account lies in its complex account of human experience; but this is also what makes it impractical and difficult to operationalize. Categorization rather requires simplicity and practicability, if it (...) is to be applied to all athletes (and not exceptionally to transgender athletes). This discussion helps us to formulate three general principles for the process of categorization of athletes, relating to fairness, verifiability and practicability. (shrink)

Words don’t just describe the world; they change the world. We do things with words as John L. Austin (1975) has argued. But words can also change how we think about something. In this piece I wish to examine the everyday usage of words referring to strategic fouling, as it cuts across various languages. In some languages this rule-violation gave rise to figurative language after the practice became widespread. We find euphemisms but also dysphemisms, as well as evaluative language (whose (...) purpose here is to excuse the action). This is important, because ‘if thought corrupts language, language can also corrupt thought’ (as George Orwell observed). I will argue that euphemisms and other evaluative language which refer to strategic fouling are a piece of sporting propaganda, aiming to dull our senses to such rule-violations. (shrink)

This is a collection of essay on transgender issues: Law, Language, Sport, and Metaphysics. [3rd edition, extended and updated, 2023].

Some philosophers of sport have suggested that strategic fouling is acceptable if you pay full compensation. In this paper I will argue that the idea of ‘compensation’ is conceptually inadequate to deal with strategic fouling. Compensation is a legal remedy designed to make the victim of a wrong whole again, i.e. make good the loss or harm they have suffered. But compensation as the analogon between law and games is ill-conceived when applied to strategic fouling. I will suggest another analogon (...) from the law of obligations – restitution – which is more apt to deal with strategic fouling and which shows more clearly why the ‘compensation’ prescribed by the rules often fails to restore the fouled side. (shrink)

Max Ungar (1850-1930) was born in Boskovice, Moravia, and pursued an academic career in mathematics at Vienna University [Franz Brentano was one of his examiners]. His memoirs describe his escape from Orthodox Judaism into a century of high liberalism and the turning to science and knowledge and his failure to achieve the humanism that he was devoted to as a result of anti-Semitism. Although he wrote his memoirs chronologically, there is a recognisable leitmotif: on the one hand his escape from (...) Orthodox Judaism into a century of high liberalism and the turning to science and knowledge; while on the other hand it charts his failure as a devotee of the humanism he was dedicated to as result of his pursuit of science and knowledge. In this respect Max Ungar’s reminiscences written in 1928 but covering the period 1855 – 1892/1928 are particularly significant for their overlapping topics: for its Jewish history during the Austro-Hungarian monarchy in the 19th century and for the portrayal of identity in the modern period. He concentrates on important events in his life, passing the matura/school exam. Helping in his father's business. Falling in love, keeping the engagement a secret, while at university. His time at university and his love of mathematics. Also the academic intrigues and pettiness - not much has changed. Then leaving academic life and working in the business. Trying to get back into academia 5 years later, but without success. His home life, travels with family, visiting friends, information about his wider family: who married whom, how they met, who died, etc. Stories from the business. The difficult relationship with his father. His critical stance towards Judaism. He also relates incidents of anti-semitism in business but also at university. This is the first translation of Ungar’s memoir into English (originally written in German) - translated by Miroslav Imbrisevic. The book is free to download. (shrink)

The book consists of 11 chapters which are grouped into three parts: I. Trans Inclusion; II. Trans Rights; III. Media Complicity in Trans Exclusion. I will discuss the chapters in parts I and II in detail. Part III might be of interest to students of media, but the papers are not directly relevant for policy decisions about trans inclusion.

This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise is that the structure (...) of the production process shapes the construction of various classes as well as shaping a concomitant power structure (i.e., who owns the means of production and who controls the labour power). Most importantly, for the discussion of crime, economic power can be translated into political power (e.g., through lobbying or funding of political campaigns/candidates). (shrink)

The ‘jurisprudence of sport’ is a recent academic subject and still in its infancy. The term ‘jurisprudence of sport’ (JOS) was introduced in 2011 by Mitch Berman, one of the authors of the book. It is both an area of study and a method of study. Sport, understood as a system of rules, as a kind of legal system, is an area of study. Different sports, just like different legal systems, will sometimes present ‘competing’ solutions to a problem. As a (...) method it can be fruitful to look at sport from the viewpoint of a lawyer. By analogy, think of psychoanalysis, which is an area of study (of the mind), but also a method, e.g. to interpret literature. (shrink)

ABSTRACT Despite the claim in Miroslav Imbrišević’s paper about differences between the positions of Jon Pike and myself, there are also significant overlaps. I endorsed the WR consultative process that Jon was part of, agreed that Jon had produced a compelling argument, and agreed with the lexical framework of the argument. Miroslav’s major contentions with my argument appears to be that it dresses up patriarchal outcomes in feminist clothes, and that it ignores the voices of women [athletes] (...) in coming to its conclusions. In this paper, I address the charges by suggesting that both emanate from Miroslav’s attempts to see gender critical feminism as the gauge against which all positions need to be judged. My position is that this school of feminism will lead to largely conservative outcomes in the discursive and organizational hierarchies in sport, so that any individual benefits that accrue to female athletes will be less substantial than the loss of transformational potential in women’s sport. (shrink)

The paper deals with cognitive interview, a method for pre-testing survey questions that is used in pilot testing to develop new measures and/or adapt ones in foreign languages. The aim is to explore the usefulness of the method by looking at two questionnaires measuring anti-Roma prejudice. The first, the Stereotype Content Model (SCM), contains questions that are dominantly used to test two dimensions of social perceptions of various groups: warmth and competence. The second, Interventions for Reducing Prejudice against Stigmatized Minorities (...) (INTERMIN) consists of the items most frequently used in contact research to measure attitudes, social distance, anxiety, trust and behavioural intentions towards outgroups. Two rounds of cognitive interviews were held on both questionnaires to verbally evaluate participants’ understanding and/or interpretation of the draft questions. The first round was attended by university students, while the second round (with improved versions of the questionnaires) was done with high school students, as they are the target group for planned interventions based on the contact paradigm. The paper explains the problems/difficulties the participants had answering some of the questions and our attempts at improving the questionnaires. The problems can be grouped around six issues: The first two deal with the strategies participants used to answer our questions – whom exactly did they have in mind when answering the questionnaires and whose viewpoint did they represent in their answers. The next four problems are around nuances in the formulations of our questions and generally have to do with how the participants interpreted our questions – they concern assumptions that distinct items were logically interconnected, the period of time and locality referred to in our questions, translation and transferability of meanings from one language to another and double negation. (shrink)

University study can be a life period of heightened psychological distress for many students. The development of new preventive and intervention programs to support well-being in university students is a fundamental challenge for mental health professionals. We designed an 8-week online mindfulness-based program combining a face-to-face approach, text, audio, video components, and support psychotherapy principles with a unique intensive reminder system using the Facebook Messenger and Slack applications in two separate runs. We assessed the program’s effect on mindful experiencing, perceived (...) stress, emotion regulation strategies, self-compassion, negative affect, and quality of life. The results of the presented pilot study confirmed that eMBP is a feasible and effective tool in university students’ mental health support. The students who completed the eMBP reported a reduction of perceived stress with a large effect size as well as a decrease of negative affect experience frequency and intensity, an increase of being mindful in their life, and a higher rate of self-compassion with a medium effect size. A small effect size was found in the frequency of using a cognitive reappraisal strategy. One new result is the observation of an eMBP effect on the decrease in attributed importance to the quality-of-life components replicated in two consecutive runs of the program. The study affirms that mindfulness-based interventions can be effectively delivered in an eHealth form to university students. (shrink)

This paper begins by considering the specific position of philosophy on culture: philosophy is part of culture as well as being a reflection of the whole complex. Thus, culture finds in philosophy its own meta-cultural account. One of the results achieved by this philosophical approach might be the diagnosis of the cultural split and the symptoms of anthropological regress. On the other hand, the example of Michel de Certeau’s work shows us that from this point of view it is possible (...) to develop philosophical anthropology as a performative discipline, studying the activities of transformation, and appropriation at the level of everyday life. This anthropological approach leads us to an awareness of the principal openness of the cultural field and even to a new understanding of balkanization. (shrink)

This paper begins by considering the specific position of philosophy on culture: philosophy is part of culture as well as being a reflection of the whole complex. Thus, culture finds in philosophy its own meta-cultural account. One of the results achieved by this philosophical approach might be the diagnosis of the cultural split and the symptoms of anthropological regress. On the other hand, the example of Michel de Certeau’s work shows us that from this point of view it is possible (...) to develop philosophical anthropology as a performative discipline, studying the activities of transformation, and appropriation at the level of everyday life. This anthropological approach leads us to an awareness of the principal openness of the cultural field and even to a new understanding of balkanization. (shrink)

Lidská práva jsou v současné době předmětem řady komplexních otázek, které jsou politické, sociální či právní povahy. Abychom na otázky mohli smysluplně odpovídat, musíme brát ohled i na obecnější filosofické souvislosti a mít jasnější představu o tom, co lidská práva jsou a na jakých základech stojí. V předkládaném textu si klademe otázku, zdali máme v současné době k dispozici plně filosoficky fundovanou koncepci založení a legitimizace lidských práv. Předkládáme postupně různé současné přístupy, které jsou kandidáty na řešení tohoto problému a (...) přinášíme jejich kritické zhodnocení. Východiskem je pro nás představa lidských práv jako evidentních pravd a od ní odvozené přístupy zakládající je na racionální či emocionální evidenci. Dále se věnujeme možnosti náboženského založení lidských práv, přístupům přirozenoprávním, utilitaristickým a koncepcím vycházejícím z pojmu důstojnosti. Stručně jsou zmíněny i některé další související teorie a historický kontext analyzovaných pojetí. V závěru na položenou otázku odpovídáme, že zcela uspokojivá filosofická teorie lidských práv stále není k dispozici, a přinášíme také vlastní doporučení pro řešení předložených problémů zkoumaných teorií. (shrink)

Anthropology of Consciousness, Volume 32, Issue 1, Page 33-54, Spring 2021.

Although there have been efforts to integrate Semantic Web technologies and artificial agents related AI research approaches, they remain relatively isolated from each other. Herein, we introduce a new ontology framework designed to support the knowledge representation of artificial agents’ actions within the context of the actions of other autonomous agents and inspired by standard cognitive architectures. The framework consists of four parts: 1) an event ontology for information pertaining to actions and events; 2) an epistemic ontology containing facts about (...) knowledge, beliefs, perceptions and communication; 3) an ontology concerning future intentions, desires, and aversions; and, finally, 4) a deontic ontology for modeling obligations and prohibitions which limit agents’ actions. The architecture of the ontology framework is inspired by deontic cognitive event calculus as well as epistemic and deontic logic. We also describe a case study in which the proposed DCEO ontology supports autonomous vehicle navigation. (shrink)

The research presented in this article is motivated by the increasing importance of complex human relations in linked data, either extracted from social networks, or found in existing databases. The FOAF vocabulary, targeted in our research, plays a central role in those data, and is a model for lightweight ontologies largely used in linked data, such as the DBpedia ontology and schema-org. We provide an overview of FOAF and other approaches for describing human relations, followed by a detailed analysis and (...) critique of the FOAF Relationship Vocabulary, the most important FOAF extension. We propose an explicit formal axiomatization of this vocabulary, and an ontological analysis concerning the properties used to describe human relationships. We analyze the distribution of human relations based on their epistemological status, and define an ontoepistemic meta-property as characteristic of some of these predicates. Our analysis is generalizable to semantic modeling of social networks. Additionally, the modeling patterns used in other relevant linked data vocabularies are analyzed for comparison. (shrink)

Prior research has suggested that perceptual disfluency activates analytical processing and increases the solution rate of mathematical problems with appealing but incorrect answers (i.e., the Cogn...

The relationship between metaphysics and psychology has different dimensions. An emblematic example of this relationship is the literary polemics between Martin Buber and Carl Jung about boundaries between the two areas of scientific knowledge. According to Buber, Jung allows himself to cross the border of psychology and psychiatry through metaphysical assertions, while Yung claims he doesn’t go beyond that, and all his speeches, even about transcendent objects, don’t leave the sphere of empiricism. The purpose of this article is to reconstruct (...) this dialogue and critically analyze it in view of the possibilities of thinking of the transcendence. (shrink)

In 2004 in Prague, I met Slovak philosopher Miroslav Marcelli, who had attended Foucault's lectures in Paris in 80s. We talked about the legacy of Foucault and contemporary philosophy. Mr. Marcelli taught me philosophy at Comenius University in 1995.. I never visited his lectures, I only passed the exam.. The most interesting point was his answer to my 'provocations' replicating the common prejudice about impracticability of the philosophy. He answered "Do you think that e.g. Descartes didn't know about it?" (...) In fact, people tend to think that philosophers or mathematicians, are "asocial" without "social" intelligence, while their occasional isolation (e.g. Nietzsche) is a product of social exclusion, rather than their choice. In 2013 I applied Foucault's concept of Discontinuity to short 10 minutes movie: Discontinuity, projected in my exhibition "From Animation" in Holland Park, London. The film has 3 parts, ends as it starts to show the significant historical events in 4 windows, when the same idea appears to disappear to re-appear.. Foucault's philosophy doesn't seem to me so unique now, e.g. the idea that many historical changes or progress itself is often illusionary - masking the power structure, had already been explored 515 BC, in depth by Parmenides who concluded: the change is impossible. (shrink)

I confront arbitrariness of the sign to a criterion assessing the quality of language, logical system, psychometrics and art.

One of the important topics in the field of philosophy of religion is the relationship between the various forms of the Divine, in particular the wellknown distinction between "philosophical God" and personalist understandings of God (Blaise Pascal). Spinoza's ethics is oriented mainly to the argumentation of the first understanding and is its consistent implementation. Hegel's interpretation of Spinoza is reconstructed here in view of the question of pantheism and atheism in Spinoza's system and whether and to what extent Hegel rehabilitated (...) and "justified" Spinoza. Our thesis is that Hegel's position on too many God in Spinoza is incomplete and imprecise. (shrink)