The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an (...) act of type A is a sufficient reason for the criminalization of A, even if A does not cause someone to be harmed. In what follows, I critically examine some of the key definitions and proposals that have, unfortunately, not always been carefully distinguished. Finally, I propose a definition that seems to capture the essence of what many philosophers refer to when they talk about legal moralism, while also providing more clarity. (shrink)

The purist/partisan distinction has dominated recent discussions of sport spectatorship and sport aesthetics. The focus of such discussions, however, has been sport in general or, often implicitly, team sports in particular. Here, using mixed martial arts (MMA) as a case study, we argue that specific aspects of the sport in question can significantly affect how the purist/partisan distinction plays out for viewers. MMA’s status as an individual combat sport mitigates, in illuminating ways, the partisanship displayed so prominently among fans of (...) team sports. We also examine the role of external attitudes – in both the betting subculture of MMA and purist attitudes toward individual combat sports and martial arts – in shaping MMA spectatorship. (shrink)

In an attempt to resolve the problem or the marriage between law and morality, Dr. John Ezenwankwor publishes this book, Law and Morality: An Appraisal of Hart's Concept of Law. In it, he delves into a critical analysis of the works of a British legal philosopher, Herbert Lionel Adolphus Hart (1907-1992), who made landmark contributions to the moral and legal questions surrounding human actions or conducts. Incidentally, he surpasses his master, Hart, in this book, by correcting his mistaken and poor (...) consideration of the influence of morality in holding the society together and his dismissal of legal enforcement of morality. (shrink)

In this paper, we explore the issue of the elimination of sports, or elements of sports, that present a high risk of brain injury. In particular, we critically examine two elements of Angelo Corlett’s and Pam Sailors’ arguments for the prohibition of football and Nicholas Dixon’s claim for the reformation of boxing to eliminate blows to the head based on the empirical assumption of an essential or causal connection between brain injuries incurred in football and the development of a degenerative (...) brain disease known as chronic traumatic encephalopathy ; and John Stuart Mill’s rejection of consensual domination. We present four arguments to contest the validity of Corlett, Dixon’s and Sailor’s positions. Specifically, we argue that certain autonomy-based arguments undermine paternalist arguments for reform; the nature of the goods people pursue in their lives might justify their foregoing future autonomy; Mill’s argument against consensual domination draws on ambiguous and arbitrary distinctions; the lack of consensus and empirical evidence regarding CTE arising from brain injuries in sport underdetermines calls for reform. We conclude that these proposals for reforming or eliminating sports with high risks of brain injuries are not well founded. (shrink)

The influence of neuroscience looms large today. In this introductory essay, we provide some context for the volume by acknowledging the expansion of applied neuroscience to everyday life and the proliferation of neuroscientific disciplines. We also observe that some individuals have sounded cautionary notes in light of perceived overreach of some claims for neuroscience. Then we briefly summarize the articles that comprise this volume. This diverse collection of papers represents the beginning of a conversation focused on the intersection of sport, (...) ethics and neurophilosophy. As such, the essays also represent a new mode of interaction between philosophy and science with sport in the center of the discussion. (shrink)

In two recent articles, Nicholas Dixon has argued that the intent to hurt and injure opponents which is essential to mixed martial arts makes the sport intrinsically immoral. Although bondage, domination, sadism, and masochism also involves the intentional infliction of pain and injury, Dixon argues that it is morally permissible in many cases. In this paper, I examine the principle underlying Dixon's differentiation of MMA and BDSM. I argue that, when properly elaborated, that principle does not in fact condemn MMA (...) as intrinsically immoral, but rather implies that the attitudes and actions of most autonomously consenting amateur MMA fighters and some autonomously consenting professionals are prima facie morally permissible. (shrink)

In his ‘Rules and Obligations,’ Bogdan Ciomaga defends a pluralist account of moral obligations to follow sport rules by arguing that no single explanation of such obligations will plausibly apply in multiple contexts. I dispute this claim by showing that consent generates rule-following obligations in a very wide variety of the contexts in which sports are played, including each of those Ciomaga cites in support of his pluralist account. The contractualist or consent-based theory of rule normativity therefore offers a substantially (...) unifying – though not a unitary, for reasons I go on to explain – source of moral obligations to follow sport rules. (shrink)

In this work I offer a panorama of the diverse areas where the philosophical reflection has been developed during these last years: the conceptual, ethical and aesthetic questions. The conceptual problems of the sport have turned around: 1) game and sport; 2) the paper of the rules and the values in the sportive normative system; 3) the competitive character and playful of the sport. The more debated ethical questions have been: 1) sport and gender; 2) sport and nationalism; 3) sport (...) and violence. (shrink)

The popularity and profitability of American gridiron football is beyond dispute. Recent polls put football as the overwhelming favorite of people who follow at least one sport and huge revenues are reported at both the professional and the university level. We know, however, that what is the case tells us little about what ought to be the case, and it is to the latter question that this paper is directed. I offer a three-pronged attack on the ethical acceptability of American (...) football, both amateur and professional, based on harm to the players, objectification of the players, and harm to others done by the players, leading to the conclusion that the sport, as currently constituted, is morally unacceptable. (shrink)

This article critically examines the development and consensus outputs of the Concussion in Sport Group. We examine the six Consensus Statements between 2001 and 2023 to explore the challenges that the presence of contextual forces pose to the development of effective and ethically justifiable medical guidelines to manage situations involving brain-injured athletes. First, we discuss the implicit and explicit ethical framework and goals underlining the statements. Secondly, drawing on a relational account of athlete choice, we expound on the limitations of (...) the framework, concentrating on those resulting from a simplified understanding of athlete autonomy. Thirdly, we conclude by proposing a series of recommendations to improve concussion management protocols: (1) adopting a broader understanding of autonomy built upon relational accounts, beyond just the healthcare professional-athlete relationship; (2) further minimizing conflicts of interest that increase athletes’ vulnerability and hinder decision-making ability; (3) enhancing healthcare professional training to allow better adjustment of treatment plans to athletes’ contexts; and (4) promoting research on sociocultural elements affecting athletes’ vulnerability and autonomy. (shrink)

This thesis focuses on the issue of whether or not the government is ever justified in prohibiting the actions of an individual who is harming herself but not others. I first analyze some of the key historical figures in the paternalism debate and argue that these accounts fail to adequately meet the needs of a modern, pluralistic society. Then, I analyze and critique the nuanced, soft-paternalist strategy put forth by Joel Feinberg. Finally, I defend a version of hard paternalism, arguing (...) that a balancing strategy that examines each action on a case-by-case basis shows all citizens equal, and adequate concern and respect. (shrink)

The use of tanning beds has been identified as being among the most significant causes of melanoma and non-melanoma skin cancer. Accordingly, the activity is properly seen as one that involves profound harm to self. The article examines paternalistic reasons for restricting sunbed usage. We argue that both so-called soft and hard paternalistic arguments support prohibiting the use of sunbeds. We make the following three arguments: an argument from oppressive patterns of socialization suggesting that the autonomous nature of the conduct (...) in question is questionable; an argument from so-called evaluative delusions in which individuals attach incorrect weights to some of their values; a strictly hard paternalistic argument appealing to the harm in itself pertaining to the use of sunbeds. (shrink)

Concussions are traumatic brain injuries that can result from a blow to the head or a jolt to the body. Athletes in many sports are exposed to concussion risks. There is a growing concern in sport and society about sport-related concussions (SRC) and an increasing awareness of the importance of proper diagnosis, treatment, and prevention. A traditional, reactive approach emphasizes sound protocols in cases of suspected SRC. A proactive approach involves identifying various causes of SRC and implementing preventive measures. For (...) example, to reduce SRC prevalence in Canadian youth ice hockey, a ban on body checking has been introduced. When a preventive SRC measure implies a change in the main rules of a sport, it impacts its nature and alters how it is played. This can lead to tensions between SRC prevention and sporting concerns. By employing an extended consequentialist framework that includes normative analyses of the values of sport, I will examine the possibilities and limitations of preventive SRC measures in terms of constitutive rule changes. More specifically, I will propose a consequentialist framework to determine the conditions under which athlete exposure to SRC risks in a given sport can be considered unacceptable, acceptable, and even valuable. (shrink)

Using American football as a point of entry, I approach harmful sports from the perspective of fans’ roles and responsibilities. Given that sports’ profitability is a significant obstacle to reform...

In recent years, Pop Warner, the world’s largest youth football organization, has seen its numbers decline. This decline is due to concerns about new research establishing a link between football and chronic traumatic encephalopathy, a debilitating neurodegenerative disease. Hundreds of thousands of parents are now struggling with a difficult ethical issue: should kids play football? Since parents have an obligation to help children develop the capacities required for autonomous choice, the risks posed by football establish a strong presumption against allowing (...) kids to play the game. I consider whether this presumption can be defeated by the arguments for allowing kids to play dangerous sports offered by John Russell in his papers ’The Value of Dangerous Sport’ and ‘Children and Dangerous Sport and Recreation’. While Russell does not argue that kids should be permitted to play football, and agrees that some sports may be too risky for children, he argues that kids should often be allowed to participate in.. (shrink)

Volume 51, Issue 1, March 2024, Page 145-162.

This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.