Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.

In 2010, pitcher Armando Galarraga was denied a perfect game when umpire Jim Joyce called Jason Donald safe at first with two outs in the bottom of the 9th. In the numerous media discussions that followed, Joyce’s ‘blown’ call was commonly referred to as ‘mistaken’, ‘wrong’, or otherwise erroneous. However, this use of language makes some not uncontroversial ontological assumptions. It claims that the fact that a runner is safe or out has nothing to do with the ruling of the (...) umpire himself, but rather with some state of the universe that does not depend on the umpire for its existence. In this paper, I recast the problem as a version of Plato’s Euthyphro Dilemma and argue that the view implied by the above assertions is actually misguided. Instead, I hope to show that an alternative view – what I call ‘restricted umpire voluntarism’ – is actually more in line with the spirit of the game of baseball and is not as counterintuitive as it may appear.. (shrink)

It is often debated whether what we ought, politically, to do is determined by standards that are independent of any actual political process or whether, by contrast, judgments reached in actual democratic processes have constitutive importance in determining what we should do. This paper argues that this is not an exclusive disjunction and that, consistently with there being independent standards, constitutively authoritative judgments can enter into the truth-conditions pertaining to claims about what we ought, politically, to do. The crucial objection (...) to constitutive judgment is that it involves an unacceptable form of bootstrapping, according to which reasons arise out of nothing. To circumvent this objection, the paper deploys John Broome's notion of a wide-scope 'normative requirement'. Normative requirements affect what ought to be done without altering the balance of reasons and defuse the bootstrapping objection by blocking the derivation of all-things-considered conclusions. To show that politics involves constitutive authority of this kind, the paper defends two illustrative normative requirements applicable to the political process that give constitutive roles to political judgments of various kinds. Throughout, the discussion is enlivened by comparisons to the judgments of a baseball umpire, which have been illuminatingly discussed by Robert Brandom. (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)

Debates about the role of technology in sports officiating assume that technology would, _ceteris paribus_, improve accuracy over unassisted human officiating. While this is largely true, it also presents a false dilemma: that we can have accurately officiated sports or human officials, but not both. What this alleged dilemma ignores is that the criteria by which we measure accuracy are also up for revision. We _could_ have sports that are so defined as to be easily judged by human officials. A (...) case from the recent history of science provides an instructive example. I argue that _if_ we insist on human officials, we can still aim for maximal accuracy, though there will be tradeoffs. With compelling reasons to want accuracy in officiating, however, these tradeoffs effectively serve as a _reductio_ against the use of human officials unaided by technology. (shrink)

Officiating and the role of officials in sport is are crucial and often decisive factors in sports contests. Justice and desert of sport contests, in part, rely on officiating truths that arise from an appropriate admixture of epistemic and metaphysical ingredients. This paper provides a rigorous and original philosophical analysis of the problems of obeying and applying the rules of sport. The paper focuses on a the scrum in rugby union. The scrum has become a focus of criticism and bewilderment. (...) Elite rugby is damaged as a spectacle because too much time is wasted setting and re-setting scrums. Furthermore, trust in the fairness of games is eroded because the scrum is a ‘lottery’. In this paper, we identify two fundamental structural problems which contribute to the scrum controversy. First, we argue that officials cannot make reliable judgements about scrums because they cannot see what they need to see. Secondly, we argue that players cannot follow the law... (shrink)

Recently, technology has impacted upon sports umpiring and refereeing. One effect is that the means to make sound judgments has becoe ?distributed? to new groups of people such as TV viewers and commentators. The result is that justice on the sports field is often seen not to be done and the readiness to question umpires' decisions that once pertained only to the players and, in some sports, to the crowd, has spread to anyone who has a television. What is more, (...) the questioning can now be done on good grounds. This change is explained and a way of thinking about it is put forward. The aim is to develop a theory of the relationship between human match officials and technology. Toward this end I offer a new terminology for the kinds of justice that are involved in match officiating. I argue that the introduction of new technology should be done in such a way as to maintain the justice of decisions and that justice is not the same as accuracy. Justice is best served with a restrained use of new technology. (shrink)

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)

It is common to hear the claim that referees in sporting events are doing their jobs well so long as they are, quite simply, being fair to both sides in a competitive event. It will be the purpose...

Mistaken judgments of fact by sporting officials – blown calls – are ubiquitous in sport and have altered the outcomes of games, championships, and even the record books. I argue that the effect these blown calls have on sports is deplorable, even unjust, and that given both the nature of sport in general and the social and economic importance of sports as they are played today, we ought to use technology to aid officials in making their judgments whenever doing so (...) would prove more effective than relying on unaided human perception. I then briefly address a number of objections to the increased use of technology in officiating. (shrink)