26 found
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  1. Patriarchy in Disguise: Burke on Pike and World Rugby.Miroslav Imbrišević - 2022 - Sport, Ethics and Philosophy 1 (1):1-31.
    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.
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  2.  94
    Transgender Athletes and Principles of Sport Categorization: Why Genealogy and the Gendered Body Will Not Help.Irena Martínková, Jim Parry & Miroslav Imbrišević - 2021 - Sport, Ethics and Philosophy 4 (1):1-13.
    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 (...)
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  3.  44
    Transgender Athletes and Principles of Sport Categorization: Why Genealogy and the Gendered Body Will Not Help.Irena Martínková, Jim Parry & Miroslav Imbrišević - 2021 - Sport, Ethics and Philosophy 17 (1):21-33.
    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 (...)
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  4.  16
    Patriarchy in Disguise: Burke on Pike and World Rugby.Miroslav Imbrišević - 2022 - Sport, Ethics and Philosophy 17 (2):204-222.
    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.
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  5. The Consent Solution to Punishment and the Explicit Denial Objection.Miroslav Imbrisevic - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (2):211-224.
    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) (...)
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  6. Is Being Non-Binary a Social Kind?Miroslav Imbrisevic - manuscript
    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 (...)
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  7.  25
    Why Break the Rules – in Life and in Sport?Miroslav Imbrisevic - 2020 - Idrottsforum.
    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 (...)
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  8.  21
    The Strategic Foul and Contract Law: Efficient Breach in Sports?Miroslav Imbrisevic - 2018 - Fair Play 12:69-99.
    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 (...)
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  9.  30
    Suits on Strategic Fouling.Miroslav Imbrišević - 2019 - Sport, Ethics and Philosophy 13 (3-4):307-317.
    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 (...)
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  10. Introduction.Miroslav Imbrisevic - 2023 - In Miroslav Imbrišević (ed.), Sport, Law and Philosophy: The Jurisprudence of Sport. New York, NY: Routledge.
    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, (...)
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  11. Why is (Claiming) Ignorance of the Law no Excuse?Miroslav Imbrisevic - 2010 - Review Journal of Political Philosophy 8 (1):57-69.
    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 (...)
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  12.  15
    Robert Simon and the Morality of Strategic Fouling.Miroslav Imbrisevic - 2019 - Synthesis Philosophica 34 (2):359-377.
    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 (...)
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  13. Social Justice and Inclusion: Transwomen in Female Sport.Miroslav Imbrisevic - forthcoming - In Transwomen in Sport.
    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?
     
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  14. Gaunilo's Cogito Argument.Miroslav Imbrisevic - 2007 - St. Anselm Journal:1-7.
    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 (...)
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  15. When Ideology Trumps Science: A response to the Canadian Centre for Ethics in Sport’s Review on Transwomen Athletes in the Female Category.Miroslav Imbrisevic, Cathy Devine, Leslie A. Howe, Jon Pike, Emma Hilton & Tommy Lundberg - 2022 - Idrottsforum - Nordic Sports Science Forum 11:1-18.
    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 (...)
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  16.  66
    The Trangender Reader: Language, Law, Sport & Reality.Miroslav Imbrisevic - 2023 - In The Transgender Reader. Worthing, UK: Brighteye Publishing. pp. 1-64.
    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.
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  17. Carlos Nino's Conception of Consent in Crime.Miroslav Imbrisevic - 2013 - Diacritica 27 (2):103-124.
    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 (...)
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  18. What does Gettier prove?Miroslav Imbrisevic - manuscript
    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.
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  19.  26
    Sporting Propaganda: The Language of Strategic Fouling.Miroslav Imbrisevic - 2020 - Idrottsforum.
    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 (...)
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  20. Transwomen in Sport.Miroslav Imbrisevic (ed.) - forthcoming
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  21. The Transgender Reader.Miroslav Imbrisevic (ed.) - 2023 - Worthing, UK: Brighteye Publishing.
  22.  9
    Tradition and Alienation - Jewish Life in the Austro-Hungarian Empire in the 19th Century: The Memoirs of Max Ungar, Privatdozent.Vicky Unwin & Miroslav Imbrisevic - 2020 - Pacific Grove, CA: Smashwords.
    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 (...)
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  23.  11
    Paying to Break the Rules: Compensation, Restitution and the Strategic Foul.Miroslav Imbrisevic - 2020 - FairPlay 18:44-72.
    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 (...)
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  24. Review: Justice for Trans Athletes. [REVIEW]Miroslav Imbrisevic - 2023 - Nordic Sport Science Forum 1 (1):1-10.
    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.
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  25. Radical and Marxist Theories of Crime, Lynch & Stretesky (Review). [REVIEW]Miroslav Imbrisevic - 2014 - Marx and Philosophy Review of Books 1:1-3.
    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 (...)
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  26.  18
    Introducing jurisprudence of sport to students of law and philosophy. [REVIEW]Miroslav Imbrisevic - 2022 - Idrottsforum.
    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 (...)
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