This paper continues the discussion of three values of sport (safety, fairness, inclusion) that has developed around the theme of inclusion of transwomen in the female category in World Rugby, as discussed by Pike, Burke and Imbrišević. In contrast to their discussion, in which these three values have been seen from the limited perspective of the inclusion of one group of athletes into a specific category of one sport, they are here discussed in the context of the categorization in sport (...) in general, with a focus on constitutive and eligibility rules. Constitutive rules give a strong foundation for eligibility rules. From the perspective of eligibility rules, the value of inclusion is identified as the underlying main value, while fairness and safety are its functions. This view rehabilitates the value of inclusion and has implications for how we think about the inclusion of athletes in sport, and for the creation of categories. (shrink)

Commentators on strategic fouling have not focused on what is most ethically relevant. I contend that strategic fouling in basketball is unethical in all of its forms because it violates the essence or true ethos of the sport: the display of the full realization of the skills of the game. I give an account of the essential skills, how they are determined, and how historical rule changes about fouling have principally been directed toward rewarding skill and increasing freedom of player (...) movement. I explain why the disciplined restraint from strategically fouling is a competitive virtue as well as a way to show full respect to opponents. Moreover, I contend that the physical contact involved in strategic fouling can elicit a desire to retaliate, an indication of an ethical aspect of strategic fouling that has been overlooked in the scholarly debate. (shrink)

The paper distinguishes between two conceptions of kinds defined by constitutive rules, the one suggested by Searle, and the one invoked by Williamson to define assertion. Against recent arguments to the contrary by Maitra, Johnson and others, it argues for the superiority of the latter in the first place as an account of games. On this basis, the paper argues that the alleged disanalogies between real games and language games suggested in the literature in fact don’t exist. The paper relies (...) on Rawls’s distinction between types of practices and institutions defined by constitutive rules, and those among them that are actually in force, and hence are truly normative; it defends along Rawlsian lines that a plurality of norms apply to actual instances of rule-constituted practices, and uses this Rawlsian line to block the examples that Maitra, Johnson and others provide to sustain their case. (shrink)

Online retailers are using advances in data collection and computing technologies to “personalize” prices, i.e., offer goods for sale to shoppers at their reservation prices, or the highest price they are willing to pay. In this paper, I offer a criticism of this practice. I begin by putting online personalized pricing in context. It is not something entirely new, but rather a kind of price discrimination, a familiar pricing practice. I then offer a fairness-based argument against it. When an online (...) retailer personalizes prices, it competes unfairly for the social surplus created by a transaction. I defend this argument against objections, and offer a simple remedy: online retailers should either disclose that they are personalizing prices, or stop doing so. (shrink)

Speedrunning is a kind of ‘metagame’ involving video games. Though it does not yet have the kind of profile of multiplayer e-sports, speedrunning is fast approaching e-sports in popularity. Aside from audience numbers, however, from the perspective of the philosophy of sport and games, speedrunning is particularly interesting. To the casual player or viewer, speedrunning appears to be a highly irreverent, even pointless, way of playing games, particularly due to the incorporation of “glitches”. For many outside the speedrunning community, the (...) use of glitches appears to be cheating. For speedrunners, however, glitches are entirely within the bounds of acceptability. Because of this, however, speedrunning frequently involves sidestepping what are typically taken to be the core challenges of the game. By examining the distinction between the use of glitches and cheating in speedrunning, we can gain a greater understanding of the unique ethos of this activity; that is, we can make sense of what fundamentally constitutes speedrunning as a metagame. I argue that by understanding the code of the game not as rules but as physics, and by examining what actions are deemed impermissible by the speedrunning community – such as hardware modification and hacking – we can see that the ethos of speedrunning has three components: constitutive skills (including dexterity, memorisation and mental fortitude); a collective, fine-grained knowledge of the game and the desire to subvert the intentions of the programmers. Each of these components limits and structures the earlier ones: collective knowledge takes priority over constitutive skills, and subversion takes priority over both. These three components form the ethos that structures speedrunning as a metagame, expressing what speedrunners take to be its central aim. (shrink)

Games may seem like a waste of time, where we struggle under artificial rules for arbitrary goals. The author suggests that the rules and goals of games are not arbitrary at all. They are a way of specifying particular modes of agency. This is what make games a distinctive art form. Game designers designate goals and abilities for the player; they shape the agential skeleton which the player will inhabit during the game. Game designers work in the medium of agency. (...) Game-playing, then, illuminates a distinctive human capacity. We can take on ends temporarily for the sake of the experience of pursuing them. Game play shows that our agency is significantly more modular and more fluid than we might have thought. It also demonstrates our capacity to take on an inverted motivational structure. Sometimes we can take on an end for the sake of the activity of pursuing that end. (shrink)

There are well-known problems for formalist accounts of game-play with regards to cheating. Such accounts seem to be committed to cheaters being unable to win–or even play–the game, yet it seems that there are instances of cheaters winning games. In this paper, I expand the discussion of such problems by introducing cases of pre-game cheating, and see how a formalist–specifically a Suitsian–account can accommodate such problems. Specifically, I look at two (fictional) examples where the alleged game-players cheat prior to a (...) game-instance in such as a way as to cast doubt on whether the alleged game-players are truly playing the game. To escape the worries brought about by these examples of pre-game cheating, I will appeal to the concept of nested games. This concept will give us the needed tools to explain how the alleged players are cheating and how the alleged players are players. On the whole, this discussion should help illuminate some important issues with regards to cheating and rules on a Suitsian account of game-play, and help give support for formalist accounts more generally. (shrink)

In 'The Grasshopper' Suits proposes that ‘playing a game’ can be captured as an attempt to achieve a specific state of affairs (prelusory goal), using only means permitted by rules (lusory means). These rules prohibit more efficient means, and are accepted because they make the activity possible (lusory attitude). I argue these conditions are not jointly sufficient. The starting point for the argument is the idea that goals, means and attitudes can pick out their content in different ways. They can (...) involve a direct reference (‘crossing this specific finish line’), or a description that picks out something (‘crossing a line on the track after running 100 m’). I provide cases in which one’s attitudes, accepted goals or accepted means pick out their content by a description such that the person does not play a game, even if Suits’s conditions are satisfied. I show that this demands an epistemic condition for playing a game that also applies to commitment based accounts. Finally, I discuss what such an epistemic condition could be. I argue that the condition does not require personal knowledge of all goals and means, but merely enough epistemic access that the goal and permissible means can guide one’s behavior safely enough. This might be satisfied by social extensions, such as access to tools (e.g. a rulebook) or other people (e.g. referees). (shrink)

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

A commonly accepted feature of commonsense morality is that there are some acts that are supererogatory or beyond the call of duty. Recently, philosophers have begun to ask whether something like supererogation might exist in other normative domains such as epistemology and esthetics. In this paper, I will argue that there is good reason to think that sporting supererogation exists. I will then argue that recognizing the existence of sporting supererogation is important because it highlights the value of sport as (...) a mutual pursuit of excellence and reinforces the value of sportsmanship. (shrink)

What is a game? What are we doing when we play a game? What is the value of playing games? Several different philosophical subdisciplines have attempted to answer these questions using very distinctive frameworks. Some have approached games as something like a text, deploying theoretical frameworks from the study of narrative, fiction, and rhetoric to interrogate games for their representational content. Others have approached games as artworks and asked questions about the authorship of games, about the ontology of the work (...) and its performance. Yet others, from the philosophy of sport, have focused on normative issues of fairness, rule application, and competition. The primary purpose of this article is to provide an overview of several different philosophical approaches to games and, hopefully, demonstrate the relevance and value of the different approaches to each other. Early academic attempts to cope with games tried to treat games as a subtype of narrative and to interpret games exactly as one might interpret a static, linear narrative. A faction of game studies, self-described as “ludologists,” argued that games were a substantially novel form and could not be treated with traditional tools for narrative analysis. In traditional narrative, an audience is told and interprets the story, where in a game, the player enacts and creates the story. Since that early debate, theorists have attempted to offer more nuanced accounts of how games might achieve similar ends to more traditional texts. For example, games might be seen as a novel type of fiction, which uses interactive techniques to achieve immersion in a fictional world. Alternately, games might be seen as a new way to represent causal systems, and so a new way to criticize social and political entities. Work from contemporary analytic philosophy of art has, on the other hand, asked questions whether games could be artworks and, if so, what kind. Much of this debate has concerned the precise nature of the artwork, and the relationship between the artist and the audience. Some have claimed that the audience is a cocreator of the artwork, and so games are a uniquely unfinished and cooperative art form. Others have claimed that, instead, the audience does not help create the artwork; rather, interacting with the artwork is how an audience member appreciates the artist's finished production. Other streams of work have focused less on the game as a text or work, and more on game play as a kind of activity. One common view is that game play occurs in a “magic circle.” Inside the magic circle, players take on new roles, follow different rules, and actions have different meanings. Actions inside the magic circle do not have their usual consequences for the rest of life. Enemies of the magic circle view have claimed that the view ignores the deep integration of game life from ordinary life and point to gambling, gold farming, and the status effects of sports. Philosophers of sport, on the other hand, have approached games with an entirely different framework. This has lead into investigations about the normative nature of games—what guides the applications of rules and how those rules might be applied, interpreted, or even changed. Furthermore, they have investigated games as social practices and as forms of life. (shrink)

In this essay, I attempt to use Husserl’s transcendental phenomenology for purposes of describing central features of competition. While not accepting all theoretical aspects of this methodology, I employ its central strategies to see how well it works. In carrying out the phenomenological analysis, I examine noetic and noematic correlates of competitive projects including the factors of plurality, normativity, disputation, temporality, and comparability. I finish by reviewing three forms of pseudo or defective competition. I conclude that eidetic analyses like the (...) one produced in this essay have utility in spite of their significant limitations. (shrink)

The current anti-doping policy in sports has enormous costs in economic, social, and human terms. As these costs are likely to become even bigger with the advent of bioenhancing technologies, in this paper I analyze the reasons for this policy. In order to clarify this issue, I compare sports with dance, an activity that has many similarities with sports but where there are no bans on performance enhancers. Considering the World Anti-Doping Agency (WADA) criteria for banning a substance, we argue (...) that two of them, the potential to enhance performance and the risk for health, are similar in dance and sports, thus I claim that the difference had to be in the so-called “spirit” of sports and dance. After looking into this matter and analyzing the special case of dancesport, I conclude that the main difference can be found in the competitive character of sports and the subsequent concern about competitive justice. (shrink)

Games, which philosophers commonly invoke as models for diverse phenomena, are plausibly understood in terms of rules and goals, but this gives rise to two puzzles. The first concerns the identity of a single game over time. Intuitively one and the same game can undergo a change in rules, as when the rules of chess were modified so that a pawn could be moved two squares forward on its first move. Yet if games are individuated in terms of their constitutive (...) rules and goals, this is incoherent—new rules mean a new game. The second concerns the individuation of games at a point in time. Intuitively, there can be different versions of a single game, where the versions differ in the details of their rules. I offer a solution to this problem that draws on an analogy with individuating languages. The resulting theory should illuminate the metaphysics of games more generally. (shrink)

I argue that in purely professional games of pure chance, such as slot machines, roulette, baccarat or pachinko, any instance of cheating that successfully deceives the judge can be ‘part of the game’. I examine, and reject, various proposals for the ‘ethos’ that determines how we ought to interpret the formal rules of games of pure chance, such as being a test of skill, a matter of entertainment, a display of aesthetic beauty, an opportunity for hedonistic pleasure, and a fraternal (...) activity. Ultimately, I argue that ‘winning the benefit’ is the only ethos that can apply in purely professional games of pure chance, and that if we interpret the formal rules according to this ethos, cheating that is undertaken with respect for the judge’s authority, but that attempts to cause the judge of the game to ‘voluntarily’ relinquish the benefit of the game by deceiving them into thinking that the formal rules of the game have been followed, is impermissible but acceptable cheating, and is therefore within, rather than outside, the game. Here, I define ‘games of pure chance’ as games in which chance is the only determinant of winning. (shrink)

Philosophy has a schizophrenic relationship with games. On the one hand, philosophers love using games as model, arguing that phenomena as diverse as linguistic meaning, meta‐ethics, normative ethics, applied ethics, law, and aesthetics can be illuminated via an analogy with games. On the other hand, there is scant focused discussion of the concept of a game as such. This is problematic; the appeal to games as a model to clarify philosophically puzzling questions has limited utility if games themselves (and the (...) concept of a game) are poorly understood. Moreover, playing games plausibly is an important element in a good life; anyone interested in the theory of welfare, a traditional philosophical topic, should be interested in games. We play games, but if anything, play itself has been more neglected by philosophers than games. This neglect is unwarranted. Historically, philosophy has investigated foundational questions about human nature, and a disposition to play plausibly is a deep part of human nature. Moreover, play is an important concept in evolutionary biology and psychology, yet those working in those fields struggle to define the concept to their own satisfaction. E.O. Wilson went so far as to remark that “no behavioural concept has proved more ill‐defined, elusive, controversial, and even unfashionable than play.” One might have hoped philosophers could help here. In this paper, I provide an opinionated introduction to the philosophy of play and games. (shrink)

Among philosophers, the question about strategic fouls has been whether they are ethically justified in light of our best conception of sport. This paper proposes a different defense. I argue that many strategic fouls should be excused even if we regard them as unjustified. I first lay out a partial defense of the assumptions that playing to win cannot be subordinate to playing skillfully and that winning has value that cannot be accounted for in terms of the skill that produces (...) it. I then argue that the logic of competitive play structures practical reason such that it is unreasonable to require even an ethical competitor always to subordinate the aim of winning to ethical standards within the game. Some ethical failures should be excused. The argument implies limits on the excusing conditions. I discuss these limits in some detail, showing that they fit patterns in the common acceptance of strategic fouls. I then address possible objections. In conclusion I argue that the logic of excuse rather than justification explains a common reaction to strategic fouls, resolving what might otherwise appear to be a contradiction in that reaction. (shrink)

Wittgenstein did not claim that the ordinary language concept ‘game’ cannot be defined: he claimed that there are multiple definitions that can be adopted for special purposes, but no single definition applicable to all games. I will defend this interpretation of Wittgenstein’s position by showing its compatibility with a pragmatic argumentative view of definitions, and how this view accounts for the diversity of disagreeing game definitions in definitional disputes.

In this essay, I attempt to use Husserl’s transcendental phenomenology for purposes of describing central features of competition. While not accepting all theoretical aspects of this methodology, I employ its central strategies to see how well it works. In carrying out the phenomenological analysis, I examine noetic and noematic correlates of competitive projects including the factors of plurality, normativity, disputation, temporality, and comparability. I finish by reviewing three forms of pseudo or defective competition. I conclude that eidetic analyses like the (...) one produced in this essay have utility in spite of their significant limitations. (shrink)

In his work, Bernard Suits presents and pursues a stated objective: to define ‘game’ or, more precisely, ‘game-playing’. In The Grasshopper: Games, Life and Utopia, the author seeks a definition not as a ‘commitment to the universal fruitfulness of definition construction’, but rather with the idea ‘that some things are definable, and some are not’. This is something he believed could resolve many of the issues surrounding the debate on ‘game’ and ‘play’, such as those with Huizinga (in Homo Ludens) (...) or proposed by the anti-definitionism of Wittgenstein, a philosopher who did not accept that it was possible to define ‘game’. In this article, we will trace Suits’ definitional steps and aim to critique his resolution as a kind of ‘formalism’, as it tended to prioritize rules. Furthermore, notwithstanding the merit of his theoretical endeavor – seen in the attempt to define a social component that is so complex and the target of the most diverse interpretations and misconceptions –, it seems to us that, with his theoretical unifying element (lusory attitude), the author has summoned another problem to the debate, that of ‘subjectivism’, rather than a solution (especially to his formalism), even subjecting himself to comparisons with other conceptions (e.g. Fichte) that are also problematic. This aspect will also be criticized. The attention of this article will shift to these two lines of critique, drawing on an insightful analysis of Malaby’s work at a specific juncture, aiming to delve further into the subject and taking an additional step. (shrink)

In this paper, I am going to present a condensed version of my theory of what sport is from my book The Philosophy of Football. In that work, I took my starting point in Bernard Suits’ celebrated,...

Bernard Suits and other formalists endorse both the logical incompatibility thesis and the view that rule-breakings resulting in penalties can be a legitimate part of a game. This is what Fred D’Ag...

Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...) that, in attempting to entrap, law-enforcement agents lapse into a form of practical incoherence that involves the attempt simultaneously to pursue contrary ends. We then argue that the objection, in this form, encompasses all cases of legal entrapment only if it is supplemented by appeal to the premise that law-enforcement agents have an absolute duty never to create crimes. (shrink)

My main goal here is to develop a functional analysis of cheating and corruption in sports, and to differentiate cheating within the broader category of corruption. Whereas officials can act corruptly, they cannot cheat. In contrast, sports participants, since they occupy two roles, can do both. I argue that although acts of cheating are acts of corruption, not all corrupt acts by competitors are acts of cheating. I also respond to some skeptical challenges and criticisms of the concept of ‘cheating’ (...) by providing some opposing arguments and a provisional definition. I argue that cheating in sports occurs in the context of a complex institutional practice. It transpires due to some failing in the efforts and/or limitations of sports officials to prohibit it. In central cases it consists in both the functional and ethical violation of the constitutional norms of a sport in the service of obtaining unearned victory for the cheater. (shrink)

This is a book symposium on Steffen Borge’s The Philosophy of Football. It has contributions from William Morgan, Murray Smith and Brian Weatherson with replies from Borge.

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)

In this paper, we examine the legal case involving the Court of Arbitration of Sport, the Union of European Football Associations, and the Turkish team Eskişehirspor to analyze the leg...

Over the last decades, a huge body of literature discussed different kinds of intentional rule violations, such as strategic fouling, and their relation to concepts of performing sports (or playing...

(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.

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)

Given current studies in moral psychology and following recent cases of wrong behaviour occurred in elite sporting events ? e.g. the racist chants scandals in the English Premier League or the events following Mourinho's poke in the eye scandal ? I shall analyse the extent to which supporters' brain make-up is determining them to behave in an ?unfair way?. Yet this paper is not just a work on descriptive ethics, but a normative ethics work. Therefore, once I have developed the (...) ?psycho-biological account of sports supporters?, I shall explore whether or not a more virtuous account of sports supporting can be drawn. In order to fulfil this normative task I shall appeal to the concept of ?fair play?. The common view of fair play defines it as ?the act of abiding by the rules?. However, my account of fair play is more complex and it is based on the moral principle of respecting others. This is the reason why fair play is not just something related to athletes but to supporters as well. To conclude, I shall sketch the boundaries of fair-play-based supporting behaviour in order to propose some policies or strategies that can help us to promote a ?healthy? and virtuous behaviour among fans. (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)

We build on Morgan’s deep conventionalist base by offering a pragmatic approach for achieving normative progress on sports most intractable problems (e.g. performance enhancemen...

ABSTRACTBernard Suits and other formalists endorse both the logical incompatibility thesis and the view that rule-breakings resulting in penalties can be a legitimate part of a game. This is what Fred D’Agostino calls ‘the problem of penalties’. In this paper, I reject both Suits’ and D’Agostino’s responses to the problem and argue instead that the solution is to abandon Suits’ view that the constitutive rules of all games are alike. Whereas the logical incompatibility thesis applies to games in which players’ (...) actions are perfectly controlled, it does not apply to sports. This insight not only justifies the rejection of formalism as a theory about the nature of sport but it also helps explain the greater normative complexity of sports, which in turn leads to the idea that in sports ‘cheating’ should be interpreted as a genus. (shrink)

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)

The term ‘sporting integrity’ is widely used in the normative assessment of sports. The term, however, suffers from a lack of conceptual precision. Alfred Archer’s ‘coherence-view’ of sporting integrity goes a long way to help clarify what ‘sporting integrity’ actually means and the specific institutional and individual obligations that it generates. Archer argues that ‘sporting integrity’ essentially means that the constraints athletes face ‘cohere’, in the sense of applying consistent inefficiencies between athletic competitors. For example, those who use performance enhancing (...) drugs are less constrained than those who do not use PEDs, and thus PED use undermines sporting integrity. This paper presents the argument that over and above competitive coherence, sporting integrity means living up to the ‘spirit’ or ‘ethos’ of a game. The implications of this view are that a sport could have ‘coherent’ competitive constraints and still lack sporting integrity; additionally, a sport could have ‘i... (shrink)

By adopting Habermas’ communicative theory, this paper categorizes players’ actions into four elements. The strategic action involves players manipulating each other within the framework of a gameFootnote1; normative action is manifested in following the rules and the underlying ethos; dramaturgical action emerges through the players’ deliberate presentation of themselves to both participants and spectators; and communicative action reveals the purpose of a game as a way of being. The conceptualization of game actions leads to a qualitative redefinition of the perfect (...) game, which enables a greater understanding of the game, its participants, and human excellence. As such, this paper’s significance lies in the proposal that the Habermasian perfect game is a potential solution to Suits’ puzzle about what type of games can be played in his Utopia. (shrink)