This paper refines a number of theoretical distinctions relevant to deceptive play, in particular the difference between merely misleading actions and types of simulation commonly considered beyond the pale, such as diving. To do so, I rely on work in the philosophy of language about conversational convention and implicature, the distinction between lying and misleading, and their relation to concepts of seduction and bullshit. The paper works through a number of possible solutions to the question of what is wrong with (...) simulation and its difference from strategic fouling, including the argument that games and their rules operate like contracts. I conclude that the wrongness lies in the injustice of unfair advantage gained through actions that silence opposition by resort to unanswerable play. (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)

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)

Strategic fouls are intentional violations of the rules ‘in which the violator expects to be detected and penalized but expects some benefit to his or her competitive effectiveness’ (Fraleigh...

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)

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)

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 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)

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)

ABSTRACTIn this article, I begin to develop and defend a reformed concept of ‘cheating’ as ‘wrongful competitive norm violating’. I then use this to reject Oliver Leaman’s view that cheating is som...

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...

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)