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)

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.

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

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.

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)

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)

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)

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?

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)

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)

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)

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)

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)

Knížka je určena každému, kdo se zajímá o logickou stavbu a základy matematiky a o začátky moderní matematické logiky. Aniž předpokládala zvláštních věcných znalostí, navazujíc na tradiční středoškolskou logiku, přibližuje čtenáři výraz a methodu logiky moderní. V podstatě jde o řešení dvou otázek: jak se odvozují matematické věty a jaké jsou logické základy matematiky. Probírá spojování výroků, výrokové vzorce, obecné a existenční výroky, logickou dedukci adruhy důkazů, některé matematické pojmy (množina, vztah, zobrazení, funkce), definice a jejich vlastnosti i systémy axiomů (...) a požadavky, jež na ně klademe. (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)

Tvrdým jádrem“ logiky je soubor intuitivně uchopitelných fenoménů z oblasti sémantické valuace, který odolává revizím, typicky vynucovaným sémantickými paradoxy. Příspěvek se věnuje revizím logiky vytvořenými Priestem a Swyneshedem. „The hard core“ of logic is a set of intuitively conceivable phenomena regarding semantic evaluation which resists revisions (typically revisions due to semantic paradoxes). The present paper deals with Priest’s and Swyneshed’s revision of logic.

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...

Grammatische Ausdrucksmittel der Hierarchisierung der semantischen Struktur des Satzes.

In addition to structural issues and topic selection issues, the subject of professional interest is the interpretation of historical events, especially those that are to a certain extent controversial or play a negative role in terms of ethnic relations. It is not the intention to stop looking at national history "with our own eyes" and to try to look at the point of view of an independent observer (the emotional attitude to the history of one's own nation as a part (...) of the personal identity can not be dispensed with) - the sense should more often point to the positive mutual influences countries have enriched each other, as mutual contacts (including competition) have contributed to progress, such as the crossing of cultures and the lifestyle of their current form.--Publisher's website. (shrink)

A guide to defining and then creating a flourishing life, based on the popular class at Yale What makes a good life? The question is inherent to the human condition, asked by people across generations, professions, and social classes, and addressed by all schools of philosophy and religions. This search for meaning, as Yale professors Miroslav Volf, Matthew Croasmun, and Ryan McAnnally-Linz argue, is at the crux of a crisis that is facing Western culture, a crisis that, they propose, (...) can be ameliorated by searching, in one's own life, for the underlying truth. In A Life Worth Living, named after its authors' highly sought-after undergraduate course, Volf, Croasmun, and McAnnally-Linz chart out this question, providing readers with jumping-off points, road maps, and habits of reflection for figuring out where their lives hold meaning and where things need to change. Drawing from the major world religions and from impressively truthful and courageous secular figures, A Life Worth Living is a guide to life's most pressing question, the one asked of all of us: How are we to live? (shrink)

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

This book is a revised translation of two works by Miroslav Hroch, which together form a pioneering comparative analysis of the various struggles for national identity in nineteenth-century Europe. It is concerned with the decisive phase of 'national renaissance', when small groups of committed patriots successfully generated mass support. When and why was their propaganda effective? The author attempts to answer this fundamental question by locating the patriots within the contemporary social structure, and uses data derived from many different (...) nationalisms. The work is divided into three sections; a theoretical examination of the origins of nationalism and nation-hood, a quantitative survey of the social and territorial structure of the patriots of eight representative national movements, and a comparative analysis of the social and professional groups that formed the milieu of patriotism. Numerous statistical tables and maps illuminate the text, which forms one of the most significant studies of the nationalist phenomenon to be published in recent years. (shrink)

Istraživanje je provedeno na uzorku učenika trećih razreda strukovnih škola i gimnazija. Od uključenih učenika, gimnaziju je pohađalo njih 253, a srednje strukovne škole 352 učenika. Cilj istraživanja bio je ispitati neke specifičnosti u percepciji učenika srednjih škola o važnosti nastavnih predmeta iz područja likovnih umjetnosti. Napravljena je posebna analiza samo za dvije odabrane zavisne varijable: važnost nastavnih predmeta iz područja likovnih umjetnosti za razvoj pamćenja i sposobnosti za učenje ostalih nastavnih predmeta te interes i zadovoljstvo sudjelovanjem u likovnim aktivnostima. (...) Rezultati pokazuju da ne postoji statistički značajna razlika između učenika gimnazija i strukovnih škola u procjeni sudjelovanja u aktivnostima nastave likovne umjetnosti te u procjeni važnosti likovnih aktivnosti za razvoj pamćenja i sposobnosti za učenje ostalih predmeta. Postoji statistički značajna spolna razlika u procjeni sudjelovanja u aktivnostima nastave likovne umjetnosti te u procjeni važnosti likovnih aktivnosti za razvoj pamćenja i sposobnosti za učenje ostalih predmeta. Može se zaključiti da ispitanici nisu bili u mogućnosti procijeniti koliko i u koju svrhu će im u daljnjem školovanju i budućem zanimanju koristiti kompetencije stečene u nastavi likovne umjetnosti. This research was carried out on a sample of third year pupils of vocational schools and gymnasiums. Of the surveyed pupils, 253 of them attended gymnasiums, while 352 attended vocational secondary schools. The goal of this research was to examine specificities in secondary school pupils’ perceptions of the importance of subjects in the field of the fine arts. A separate analysis was undertaken for only two selected dependent variables: the importance of subjects in the field of the fine arts for developing memory and the ability to learn other subjects, and interest in and satisfaction with participation in fine arts activities. The results show that there is no statistically significant difference between the estimation of gymnasium and vocational school pupils regarding participation in fine arts activities or in their estimation of the importance of fine arts activities in developing memory and the ability to learn other subjects. There is a statistically significant gender difference in the estimation of participation in fine arts activities, as well as in the estimation of the importance of fine arts activities in developing memory and the ability to learn other subjects. It can be concluded that respondents were unable to estimate how much or why they would use competencies gained in fine arts teaching in their continued education or their future careers. (shrink)

This research was carried out on a sample of third year pupils of vocational schools and gymnasiums. Of the surveyed pupils, 253 of them attended gymnasiums, while 352 attended vocational secondary schools. The goal of this research was to examine specificities in secondary school pupils’ perceptions of the importance of subjects in the field of the fine arts. A separate analysis was undertaken for only two selected dependent variables: the importance of subjects in the field of the fine arts for (...) developing memory and the ability to learn other subjects, and interest in and satisfaction with participation in fine arts activities. The results show that there is no statistically significant difference between the estimation of gymnasium and vocational school pupils regarding participation in fine arts activities or in their estimation of the importance of fine arts activities in developing memory and the ability to learn other subjects. There is a statistically significant gender difference in the estimation of participation in fine arts activities, as well as in the estimation of the importance of fine arts activities in developing memory and the ability to learn other subjects. It can be concluded that respondents were unable to estimate how much or why they would use competencies gained in fine arts teaching in their continued education or their future careers. (shrink)

Príspevok pozostáva z troch častí. Prvá časť sa zaoberá taxonómiou a kritériami klasifikácie rôznych druhov noriem. Poukazuje na to, že rozdiel medzi dvoma najdôležitejšími druhmi kooperačných noriem – sociálnymi a morálnymi – je skôr kvantitatívneho než kvalitatívneho charakteru a navrhuje trojdimenzionálny model ich diferenciácie. Druhá časť je venovaná morálnym normám a zdôvodňuje dominantnú rolu emócií pre vznik a fungovanie morálky, ktorá zohráva kľúčovú rolu pri ochrane spoločnosti pred najnebezpečnejšími sociálnymi konfliktami. V tretej časti sa argumentuje, že vzájomná sociálna dôvera, nevyhnutná (...) pre medziľudskú kooperáciu, sa postupne vytvára zdola nahor, najskôr na úrovni najbližšej rodiny a postupne sa rozširuje na ďalšie okolie. Pre jej zvýšenie a udržanie sú nevyhnutné sociálne a morálne normy, ktoré tiež historicky vznikali najskôr v lokálnych spoločenstvách a až postupne sa šírili do širších sociálnych celkov. Príspevok upozorňuje na možné negatívne konzekvencie plynúce z podceňovania roly sociálnych a morálnych noriem a snahy riadiť sa namiesto nich len legislatívnymi normami, spočívajúce v oslabení sociálnych väzieb. (shrink)