Official documents, such as the Word Anti-Doping Code (WADC), argue that sport can be deemed a homogenous and unitary concept. Even where different sports have varying characteristics, the homogenous view of a given sport (‘a sport’ or ‘the sport’) persists. The WADC, international and national sport associations aim to protect the spirit of (the) sport. In this picture, the intersection of sporting integrity and legal processes occupies a vital place. The article will posit that, from a legal perspective sport is (...) heterogeneous due to its governance, regulation, adjudication, and enforcement structures. International and national associations, such as sport federations and leagues, have separate normative orders. These normative orders lead to differences in ensuring sporting integrity. A plural normative environment is inherent in sport; thus, we need to deal with it. The article will conclude that although harmonising norms and interpretations related to sporting integrity through national and global institutions may be acceptable, these must be achieved by promoting good governance and human rights. (shrink)

(1) Background: The World Anti-Doping Agency (WADA) utilizes three criteria to include a technology in the List of Banned Substances and Methods—performance enhancement, health, and the spirit of sport. The latter is arguably the most fundamental one, as WADA justifies the anti-doping mission by appealing to it. (2) Method: Given the interrelationship among the notions of “human nature,” “natural talent,” and “sport,” I investigate what view of human nature underpins the “spirit of sport” criterion. To do so, I focus on (...) both WADA’s official documents and scholarly formulations of the spirit of sport (that align with that of WADA). (3) Results: I show that the value attributed to excellence and effort in WADA’s formulation of the “spirit of sport” criterion has its roots in the notion of human nature of the work ethic that resulted from the secularization of the Protestant ethic. (4) Conclusion: Drawing on my analysis of the “spirit of sport” criterion, I pose critical questions concerning the justification of WADA’s anti-doping campaign and a tentative solution to move forward in the debate. (shrink)

The Greek word mētis (μῆτις) traditionally refers to a particular form of wily intelligence associated with the arts of deception (dolos) and the knowledge of tricks (kerdē), subterfuges, and traps. Mētis evokes innovative and ground-breaking solutions, based on the capability to understand, anticipate, and possibly violate the others’ expectations. Most importantly, mētis presupposes practical wisdom, or prudence (phrόnesis), a dispositional quality that underpins all the virtues that deserve to be cultivated by sportspersons and that is pivotal to perfect sportspersons’ moral (...) character. Not only is prudence required to apply mētis profitably for winning a game, but it is also indispensable to perform consistently with the game’s norms—cognizant of sport values. This analysis of mētis is key to illuminate the embodied dimension of tactical and moral reasoning in contemporary sport practice. In this paper, we first argue that the strategic effectiveness of mētis proves that not only sensorimotor control but also higher forms of intelligence, like strategic reasoning, are embodied and inform skilful performance; second, we argue that relying on mētis is necessary not only to interpret the rules of the game in one’s own favor but also to respect the shared values that these rules uphold in the sport practice. (shrink)

This paper is a re-reading of Colin Radford's paper 'The Umpire's Dilemma', published in Analysis in 1985. It argues that Radford's dilemma has been unjustly ignored and has interesting (and problematic) implications for both intuitionism and Ronald Dworkin's constructive interpretationist jurisprudence.

The Routledge Handbook of the Philosophy of Sport is a landmark publication in sport studies. It goes further than any book has before in tracing the contours of the discipline of the philosophy of sport and in surveying the core themes, approaches and theories that form its disciplinary fabric. The book explores the ways in which an understanding of philosophy can inform our understanding of important prevailing issues in sport. Edited by two of the most significant figures in the development (...) of the philosophy of sport, Mike McNamee and Bill Morgan, and with contributions from many of the world’s leading sport philosophers, this is an invaluable companion reference volume for any course in the social scientific study of sport, and an essential addition to the bookshelf of any serious scholar of the philosophy and/or ethics of sport. (shrink)

Introduced with the hope of reducing refereeing errors and increasing “football justice”, the Video Assistant Referee has attracted much criticism from players and spectators alike. Drawing o...

This paper argues that recent treatments of ethics in sport have accorded too much importance to the promotion and portrayal of a sport’s excellences, and too little to the consent of participants First, I consider and reject a fundamental challenge to the idea that consent should play a central role in determining the morality of action in sport – namely, Sean McAleer’s argument to the effect that consent is incapable of rendering normally impermissible actions permissible in sport. I then offer (...) a preliminary examination of the proper relation in the moral evaluation of action in sport between considerations of consent and ‘internalist’ considerations regarding the nature and purpose of sport. Taking as my starting point J.S. Russell’s treatment of this topic, I argue that consent is the more weighty, and in many cases the more fundamental, value and that when it conflicts with internalist considerations, it is consent that takes moral priority. (shrink)

Traditionally, acts of sportsmanship have been upheld as worthy of praise. The purpose of this paper is to discern whether Bernard Suits’ Grasshopper -- in "The Grasshopper: Games, Life and Utopia" -- would share this approval. The paper begins with a conceptual analysis of good sportspersonship. From this, four action categories are identified including good sportspersonship in the forms of game desertion, changing the game, not trying, and lusory self-handicapping. A strategy for evaluation is derived from the Grasshopper’s theory. Game-playing (...) is defined as action reflecting lusory attitude acknowledgement. Game-spoiling is introduced as action demonstrating lusory attitude abandonment. Three of the four actions categories are characterized as game-spoiling including good sportspersonship in the forms of game desertion, changing the game, and not trying. It is concluded that genuine good sportspersonship is characterized solely by altruistic forms of lusory self-handicapping. (shrink)

The analysis of so-called ?strategic intentional fouls? (SIF) as well as the discussion of their validity in the normative systems of sports have a long track record. These fouls can be characterised as rule violations committed in order to be detected and which accept the corresponding sanction. However, there is an additional goal of obtaining an advantage or subsequent benefit in the competition. In fact, this practice is not infrequent and it is even occasionally accepted by the players themselves, referees, (...) judges, sports authorities and spectators. In this work I have analysed the internal structure of SIFs (the features of an axiological gap and a ?special intention?) with a view to providing a deeper understanding and stressing the differences with closely related concepts: cheating, and especially fraus legis or what in Anglo-Saxon culture is called ?spoiling the game?. Finally, I try to show some difficulties in distinguishing SIF from gamesmanship. (shrink)

One important limitation of the current renditions of interpretivism is that its emphasis on the moral dimension of sport has overlooked the aesthetic dimension lying at the core of this account of sport. The interpretivist’s failure to acknowledge and consider the aesthetic implicitly distances this realm from the moral. Marcia Muelder Eaton calls this distancing the separatist mistake. This paper argues that interpretivism presupposes not only moral but also aesthetic principles and values. What it sets out to demonstrate is that (...) interpretivism is an integralist, or nonseparatist, account of sport, one in which ethical and aesthetic values are not exclusive. Making explicit and specifying interpretivism’s combined moral-aesthetic approach to sport not only helps to better distinguish the whole range of values that make up sport as well as their interconnection but also encourages sportspeople to pursue more coherent sport and, thus, more enriching lives. (shrink)

The goal of this paper is to reconceptualise the relationship between politics and sporting practice with the aim of gesturing towards broad themes that a political theory of sport could explore. Many philosophical theories of sport, including the dominant mutualist view, are internalist: they suggest that there is some distinctive logic internal to sports that must feature in the best explanation of our sporting practices. Yet, in attempting to articulate this distinctive internal logic, mutualists quarantine sport from its wider context (...) to understand sporting practice on its own terms. This methodological decision, I argue, invites the unwarranted assumption that sporting practice and politics constitute two separate domains bearing little to no relation to one another. Consequently, mutualism provides us with an impoverished understanding of sporting practice – especially in colonial contexts. Against this view, I use CLR James' writings to show how the internal norms and rules of cricket simultaneously perpetuate an oppressive social structure and articulate the beginnings of an emancipatory political project. This, in turn, has the potential to connect debates within the philosophy of sport to questions around resistance and oppression. (shrink)

This paper argues that for the purposes of any sort of serious discussion about immoral conduct in sport very little is illuminated by claiming that the conduct in question is cheating. In fact, describing some behavior as cheating is typically little more than expressing strong, but thoroughly vague and imprecise, moral disapproval or condemnation of another person or institution about a wide and ill-defined range of improper advantage-seeking behavior. Such expressions of disapproval fail to distinguish cheating from many other types (...) of immoral conduct. The discussion shows that we should set the concept aside and assess the moral disapproval implied by claims of cheating by reference to the moral and other principles that underlie the practice of sport. This allows us to consider carefully the complexity of the issues that are raised when allegations of cheating are made and not be distracted by the emotionally loaded, conversation-stopping tendency of the concept. This means that some types of disputes in sport will be messy and demand more effort to resolve, but the payoff will be better informed and more thoughtful discussions and greater awareness of the moral complexity of sport and of its principled underpinnings. (shrink)

From the modern scientific perspective, Olympia is a ruin at the far end of a fading sense of history that represents little more than the origins from which sport has continuously evolved. Quantitative measurements show continued increases in human performance, equipment efficiency and funding. But some question this athletic evolution. We worry about qualitative issues, such as virtue, meaning and beauty. The source of this contrast is a difference in values: Olympic vs. Efficiency values. Such values establish an ethos in (...) sporting communities that influences how we behave, explain and even conceptualize our activities. I argue from the perspectives of metaphysics, epistemology, aesthetics, ethics and politics, that Olympic Ethos is needed to balance out the modern Efficiency Ethos, which threatens to dehumanize sport. (shrink)

This article develops a novel theory of sport that I call ‘Confucian mutualism’. Confucian mutualism is underpinned by the Confucian Golden Rule and the Confucian conception of human dignity. It resembles the mutualist theory of sport developed by Robert L. Simon in maintaining that sport participants ethically ought to prioritize promoting sporting excellence both in themselves and in their co-participants. However, while Simon’s mutualism maintains that sporting excellence consists in proficiency at sport constitutive skills, Confucian mutualism maintains that sporting excellence (...) consists in success at achieving the Confucian virtues through sport participation. I provide a preliminary case for why Confucian mutualism’s virtue-centric conception of sporting excellence makes it better able than Simon’s mutualism to explain why sporting excellence is stance-independently ethically significant for all sport participants. I do so by trying to show that we have prima facie justification for believing that Confucian mutualism is not vulnerable to certain kinds of criticisms that have been leveled at Simon’s mutualism. (shrink)

The question what ultimately determines the real winner of a sports contest (or whether a sports contest was really a draw) has been little discussed in the philosophy of sport literature. In this article, I discuss in detail and reject three views about what ultimately determines the real winner of a sports contest, which I call ‘the Official Result View’, ‘the Adjudicator View’ and ‘the Rules View’. I also present a variation of the Rules View, which may be a promising (...) view about what ultimately determines the real winner of a sports contest. I call this view ‘the Desert-adjusted Rules View’. (shrink)

It is customary for institutions that organize sporting competitions and events to exercise a considerable degree of authority over the participants. That authority is often manifested in the enforcement of penalties for infringements of fair play. This paper focuses on one concrete case from soccer, although I take the discussion to extend to other sports as well. I argue that not all fair play rules should be enforced by the respective organizing institutions, and that enforcing all of them indiscriminately is (...) a cause of injustice, rather than promoting fairness in sports. I propose a principled way of making the necessary distinction between those fair play rules that are enforceable and those that are not. (shrink)

I argue that ethical features of sport strongly interact with aesthetic features of sport, such that all pro tanto ethical merits/defects count as aesthetic merits/defects. This is a much-debated topic in the philosophy of art and aesthetics literature, in which recent critics have taken to task this interactionist take on how ethical evaluative properties interact with aesthetic ones. The critics’ main argument against this view is that far too many works of art than theorists of this strong interactionist kind care (...) to admit either lack the evaluative ethical properties they claim for them, or their ethical properties do not appreciably affect their aesthetic properties. Sport, I argue, is a notable exception. That’s because in sport ethical flaws in athletic performances double as aesthetic flaws with very few exceptions, or so I will argue. Unlike artworks, therefore, the interactionist thesis holds mostly true across the entire athletic spectrum, which is why, in my view, it warrants far more serious attention and appreciation than it is commonly given in both the philosophy of art and aesthetics and philosophy of sport literature. (shrink)

Journal of the Philosophy of Sport, Volume 41, Issue 2, Page 177-191, July 2014.

Herein I address and extend the sparse literature on deception in sports, specifically, Kathleen Pearson’s Deception, Sportsmanship, and Ethics and Mark J. Hamilton’s There’s No Lying in Baseball. On a Kantian foundation, I argue that attempts to deceive officials, such as framing pitches in baseball, are morally unacceptable because they necessarily regard others as incompetent and as a mere means to one’s own self-interested ends. More dramatically I argue, contrary to Pearson and Hamilton, that some forms of competitor-to-competitor deception are (...) similarly unacceptable. Specifically, I offer a ‘principle of caustic deceit’ according to which any strategic deception that divorces a game from its constitutive skills is morally untoward and ought to be met with negative social pressure at least, and/or legislated out of existence. The problem with these forms of strategic deception is that they treat one’s opponents, again in the Kantian sense, as a mere means to one’s own self-interested ends. (shrink)

ABSTRACTIn a recent article in this Journal, Eric Moore criticized an earlier essay of mine published in this same Journal on two fronts. On the first, he criticized my criticisms of broad internalism for relying on abstract moral principles too far removed from the practice of sport to adjudicate normative conflicts in which disputants cannot agree on what is the purpose of sport. On the second front, he criticized my reliance on what he called Rorty’s “controversial” views of truth and (...) rationality to back up my criticisms of broad internalism. I find both criticisms forceful but not persuasive. In my reply, therefore, I defend both use of Rorty’s and other similar historicist takes on rational justification and my criticisms of broad internalism principles-based approach to normative inquiry in sport. (shrink)

My argument will proceed as follows. I will first sketch out the broad internalist case for pitching its normative account of sport in the abstract manner that following Dworkin’s lead in the philosophy of law its adherents insist upon. I will next show that the normative deficiencies in social conventions broad internalists uncover are indeed telling but misplaced since they hold only for what David Lewis famously called ‘coordinating’ conventions. I will then distinguish coordinating conventions from deep ones and make (...) my case not only for the normative salience of deep conventions but for their normative superiority over the abstract normative principles broad internalists champion. (shrink)

It is sometimes claimed that formalism and the logical incompatibility thesis together imply that fouls cannot be part of the game. Some philosophers think this proves that therefore strategic fouls are always morally wrong, but other philosophers think this result undermines formalism itself, since strategic fouls clearly are part of the game and are at least sometimes morally permissible. I show that formalism in fact does accommodate strategic fouls and that it is neutral about whether strategic fouls are morally permissible (...) or not. (shrink)

ABSTRACTI argue that Bernard Suits’ definition of game playing, suitably extended with David Lewis’ account of coordinating conventions, is robust enough to withstand some common objections made ag...

In this paper, I explore the idea that under one way of understanding cheating, Armstrong did not fulfill any of the three necessary conditions: that cheating violates a rule—I will make the case that though doping was against the official rules, it was not against the rules the athletes used; that it is cheating if the intent is to obtain an unfair advantage—I will argue that dopers were not attempting to obtain an unfair advantage, at least on one plausible understanding (...) of fairness; and that cheating requires fair enforcement of the rules—I will show that the official rules against doping were hardly enforced at all, much less fairly enforced, and thus lacked enough sufficient normative force to deem breaking them cheating. (shrink)

ABSTRACTWilliam Morgan presents two diametrically opposed normative conceptions of sport and athletic excellence from late nineteenth/early twentieth-century British and American athletes. He claims that this example shows that the normative theory of sport presented by broad internalism is false or at least inadequate. As an alternative, he presents the concept of deep conventions, which, he claims, can successfully adjudicate such normative disputes. I argue that Morgan’s counterexample is not nearly so decisive against broad internalism as it might seem and that (...) his own solution, deep conventionalism does no better in solving the dispute and suffers from further issues of its own. (shrink)

In Sport Realism: A Law-Inspired Theory of Sport, Aaron Harper, Associate Professor of Philosophy at West Liberty University, introduces a new realist approach to conceptualize sport. The book is d...

(2004). Normativity, Justification,and (MacIntyrean) Practices: Some Thoughts on Methodologyfor the Philosophy of Sport. Journal of the Philosophy of Sport: Vol. 31, No. 1, pp. 15-33.

In 1974, David Best rightly contrasted purposive sports (exemplified by most sports) with aesthetic sports; and recently I was careful to exempt the issues for aesthetic sports from my critique of the prospects for an all-embracing philosophy of officiating. While discretion plays a part in umpiring or refereeing in both kinds of sports, it is especially important for aesthetic sports (such as gymnastic vaulting, ice-skating or diving), where the manner of execution determines victory. Here, it is urged that the issue (...) of objectivity for judgements in aesthetic sports is not the most crucial aspect: we have reason to expect correct accounts from knowledgeable, sensitive and experienced judges or umpires. Impartiality remains a concern, of course, not least between the training for judges or umpires might tend to favour particular styles of performing key movements. So that many past rule-changes are explained as attempts to improve fairness, with competitors getting their ‘just deserts’. In doing so, they have implicitly contributed to what is then valued in the manner of execution in aesthetic sports. The term ‘aesthetic’ is generally applied in its positive valence, although one must recognize the negative valence also. But, for aesthetic sports, the rules provide guidance as to what will or will not be regarded positively in the context of competition. And rule-changes here will sometimes be best explained as attempting to modify what is rewarded in such sports, the manner of performance. Such changes might be expected to bear on the character of the sport (here exemplified through men’s ice-skating). (shrink)

In this article I develop my argument for a shallow interpretivist theory of sport by showing that whereas it applies to all oppositional sports, the standard theory of sport for the past twenty ye...

Deep ethical interpretivism has been the standard view of the nature of sport in the philosophy of sport for the past seventeen years or so. On this account excellence assumes the role of the foundational, ethical goal that justice assumes in Ronald Dworkin’s interpretivist model of law. However, since excellence in sports is not an ethical value, and since it should not be regarded as an ultimate goal, the case for the traditional account fails. It should be replaced by the (...) shallow interpretivist model that I begin to sketch out and defend here. (shrink)

In this paper, I defend a general theory of competition and contrast it with a corresponding general theory of cooperation. I then use this analysis to critique mutualism. Building on the work of Arthur Applbaum and Joseph Heath I develop an alternative adversarial model of competitive sport, one that helps explain and is partly justified by shallow interpretivism, and argue that this model helps shows that the claim that mutualism provides us with the most defensible ethical ideal of sport is (...) false. By replacing that view with an understanding of sporting adversarial ethics we can appreciate that the ethics of sport are more complex than has been commonly recognized. (shrink)

En este artículo analizaremos el impacto que el libro de Alasdair MacIntyre Tras la virtud ha tenido en el ámbito de la filosofía del deporte. Nuestro punto de partida será que los filósofos del deporte han diferenciado entre propuestas internalistas y externa-listas del deporte siguiendo la distinción de MacIntyre entre bienes internos y externos a las prácticas sociales. Con el fin de mostrar si esta apropiación del lenguaje de MacIntyre es adecuada, responderemos a la pregunta de si el deporte actual (...) puede ser considerado una práctica social en sentido macintyreano. Defenderemos que sólo el deporte amateur encaja con la definición de “práctica social” de modo que nuestro deporte contemporáneo no puede ser considerado como tal. Según esto, defenderemos que, en tanto que el paradigma internalista y externalista es una consecuencia de la recepción de la obra de MacIntyre, la filosofía del deporte debe ir más allá de este paradigma dualista hacia uno que no esté fundado en los conceptos de práctica social y bienes internos del filósofo escocés. (shrink)

In this article, I revise the normative account of sport that I proposed in ‘William J. Morgan’s “conventionalist internalism” approach. Furthering internalism? A critical hermeneutical response.’ I first present Habermas’ discursive ethics, placing emphasis on his interpretation of the relationship between moral (Kantian) and ethical (Hegelian/hermeneutical) principles. Then, I provide a reformulation of my account by both drawing on Habermas and going beyond him—as I go beyond Habermas, I will refer to the account as ‘discourse-ethics based.’ To further explore the (...) normative potential of the account, I connect its main tenets to the three main normative theories of sport (formalism, broad internalism, and deep conventionalism) and illustrate it with examples from anti-doping governance. (shrink)