In this paper, I argue that sportspersonship is a means of performing fundamental sociality; it is about the conversion of a foe (inimicus) into an enemy (hostis). Drawing on Carl Schmitt’s distinction between enemy and foe – inimicus and hostis – as well as his discussion of the ius publicum Europaeum, I suggest a model of sportspersonship that sees it as expressing the competitive relations between equals that undergird the most minimal form of sociality; relations that any deeper union takes (...) as its foundation. It is the performance of this fundamental sociality, I argue, that grounds the value of sport in general (though this does not mean that there cannot be other, contingent values in sport). (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...

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)

Current general restrictions on performance-enhancing drugs pose a collective action problem that cannot be solved and bring a variety of adverse consequences for sport. General prohibitions of PEDs are grounded in claims that they violate the integrity of sport. But there are decisive arguments against integrity of sport-based prohibitions of PEDs for elite sport. We defend a harm prevention approach to PED prohibition as an alternative. This position cannot support a general ban on PEDs, since it provides no basis for (...) prohibiting non-harmful PED use. We argue that a harm prevention approach to restricting PEDs is ethically justified, has better prospects of compliance, is consistent with respecting the integrity of sport, and holds at least a modest prospect of resolving the collective action problem around PED restriction. (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)

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)

In this paper I defend an Irreconcilability Thesis, claiming that two commonly held views about athletic contests are in fact incompatible. The first view is that athletic contests are essentially...

ABSTRACTIn this paper, we investigate three different ways of defending the claim that national football associations ought to pay their men’s and women’s football teams the same amount. First, we...

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)

I argue that we have good reason to reject Bernard Suits’ assertion that game-playing is the ideal of human existence, in the absence of a suitably robust account of utopian games. The chief motivating force behind this rejection rests in the fact that Suits begs the question that there exists some possible set of games-by-design in his utopia, such that the playing of its members would sustain an existentially meaningful existence for his utopians, in the event of a hypo-instrumental culture (...) of material superabundance obtaining. But the set of utopian games is unknown and unknowable. Thus any implications of Suits’ vision for the utilization of our leisure time in the present are vitiated by the collapse of his normative ideal: his ‘metaphysics of leisure’ misses its mark. (shrink)

‘Competitive’ is one of the most commonly and confidently used words in sports. I argue that, while this term does have necessary and sufficient conditions, it is still a fairly useless one. Knowing someone is competitive does not tell one about the type of desire to win, the type of quantity of that desire, and the precise way in which one wants to be better. We also don’t know who a person feels a desire to beat, when winning actually becomes (...) a goal, and what kind of knowledge and talents that person has at their disposal. Without this information, knowing someone is competitive tells you very little. (shrink)

Without taking a position on the overall justification of anti-doping regulations, I analyse the possible justification of Therapeutic Use Exemptions from such rules. TUEs are a creative way to prevent the unfair exclusion of athletes with a chronic condition, and they have the potential to be the least bad option. But they cannot be competitively neutral. Their justification must rest, instead, on the relevance of intentions to permissibility. I illustrate this by means of a set of thought experiments in which (...) only an athlete’s intentions vary. I argue that the Doctrine of Double Effect sheds some light on TUEs and illustrate this by applying different readings of the DDE to the thought experiment. This underpins a justification of anti-doping exemptions very different from the approach adopted by the World Anti-Doping Agency. I argue for three changes to bring TUEs in line with this understanding: rewriting of the regulations, transparency, and a greater role for athletes in determining what exemptions are allowed, and when. (shrink)

The first goal of this paper is to reply to a number of criticisms levied by Gunnar Breivik and Robert L. Simon against an account of sporting skills I published almost 20 years ago in which I distinguished between constitutive and restorative skills and examined their normative significance. To accomplish this goal, I first summarize my characterization and classification of skills and then detail the criticisms. After responding to the latter, and thus reconsidering and hopefully strengthening my account of skill (...) in sport, I turn my attention to Scott Kretchmar and Tim Elcombe’s inquiry into the skills involved in competitive sport. These authors claim that contesting skills demand the same respect usually accorded to testing skills. The second goal of this paper is then to explore Kretchmar and Elcombe’s inquiry under the light of my reconsidered analysis of skill. I specifically advocate a plausible relationship, both in terms of their distinctive character and relative import, between testing and contesting skills and constitutive and restorative skills. In doing so, I seek to present a more comprehensive account of skill in non-competitive and competitive sport. (shrink)

How does match-fixing, or other unfair manipulation of matches, that involves under-performance by players, or refereeing and umpiring that prevents fair competition, be thought of in ethical terms? In this article, I outline the different forms that match-fixing can take and seek to comprehend these disparate scenarios within Kantian, Hegelian and contractualist ethical frameworks. I tentatively suggest that, by developing an ethical opposition to match-fixing in sport, we can give much greater substance to popular phrases such as ‘respect for the (...) game’, encompassing the value of sport itself and respect for other players, fans, sponsors and organisers. Arguing that match-fixing denies recognition to these ‘others’ demonstrates how fundamentally match-fixing ‘hollows out’ sport because a fixed match is of no worth: the whole value of the game has literally been evacuated. (shrink)

An important book is always a beginning, a new way of looking at and thinking about things, sometimes including familiar things. C. Thi Nguyen’s Games: Agency as Art is one of those books. I...

ABSTRACTIn this article, I will identify two key normative principles at the core of Robert L. Simon’s mutualist theory of sport, namely, the respect-for-the-opponent principle and the idea that sport is a practice aimed at pursuing excellence. The former is a Kantian principle grounded in human beings’ rationality, and the latter is an Aristotelian principle related to the development of excellences as a means to human flourishing. After having presented and analyzed both principles, I will critically evaluate Simon’s attempt to (...) combine them within his mutualist approach. To conclude, I will highlight the challenges that mutualism should face to complete such a combination more successfully.Abbreviation: Categorical imperative. (shrink)

I call the trait that makes for a good or great competitor, the trait that makes its possessor compete well, ‘competitive excellence’. We seem to be of two minds about this trait: on the one hand, we often admire great competitors, but on the other hand, we sometimes identify their competitive drive as ‘pathological’, recognizing something unhealthy in it. Why are we so ambivalent? The answer I will defend is that there are at least three distinct traits, each of which (...) satisfies the definition of competitive excellence and so has something of a claim to be the trait we admire in great competitors. One of these traits is a virtue, one a vice, and one can be either a virtue or a vice depending on what other traits accompany it. This accounts for our deep ambivalence about great competitors and implies that we should only seek to be great competitors in a qualified sense. (shrink)

This paper discusses the nature of competitiveness and argues that being competitive does not essentially involve a strong desire to win or to outperform others. The appeal of the ‘desire-to-win’ analysis of competitiveness can be explained away provided we distinguish between virtuous and vicious competitiveness. It is conceivable that a virtuously competitive athlete lack a strong desire to win or to outperform others. Moreover, there is empirical evidence that virtuous competitiveness and vicious competitiveness are distinct character traits. If being virtuously (...) competitive does not require a strong desire to win, then being competitive simpliciter does not require this. Other recent accounts, e.g. Kretchmar 2012 and Russell 2014, may appear to support the desire-to-win analysis, but careful reflection reveals that this is not the case. (shrink)

Alfred Archer recently argued that there is good reason to think that sporting supererogation exists. In the present paper, I take a closer look at Archer’s two key cases from association football...

Sports occupies an interesting ethical space from a pedagogic point of view, being included in physical education curricula in most Western countries. The approach of physical education as vehicle for ethical education, is too limited when restricted to its minimal functional, constitutive and regulatory goals. The aim of this essay is to argue to what extent the ethical potential of physical education extrapolates them in order to, with Sousa Santos, state against to what we consider a waste of sport’s experience. (...) In order to achieve this, we present data from nineteen exploratory interviews with philosophy, sports and physical education experienced researchers and teachers concerning the ethical potentialities of physical education. The sample includes individuals from six different nationalities, whose work shows concerns with the subject under study. (shrink)

Recent articles, including those by Dixon and Torres and Hager, criticize tournament playoffs, primarily for reasons of fairness and integrity. Many suggest that playoff and tournament prominence reflect monetary and entertainment interests rather than the pursuit of athletic excellence. Nevertheless, tournament playoffs are increasingly popular. While the concerns are serious, in this paper I defend the overlooked value of playoffs and tournaments. Playoff critics employ too narrow a conception of the best team and too limited a view of excellence. Rather, (...) playoffs and seasons highlight distinct and valuable conceptions of athletic excellence. To better capture this, I consider two alternative championship formats: the hybrid system and championship pluralism. The hybrid system includes a playoff informed by the regular season. Despite its apparent advantages, I reject the hybrid approach. Instead, I propose championship pluralism as a preferred championship model. (shrink)

ABSTRACTThis essay argues that within competitive sport zero-sum logic and the theory of mutualism are compatible and complementary. Drawing on Robert Simon’s theory of mutualism and Scott Kretchmar’s argument for zero-sum logic, this article shows how athletes can strive for a clear-cut victory and shared benefits such as athletic excellence fully and wholeheartedly at the same time. This paper will also consider how acknowledgment of this dynamic could advance understandings for ethical theories for sport. It will then conclude by describing (...) a subjective approach that will make the affinity of zero-sum logic and mutualism more accessible for sports people. (shrink)

In this paper, I defend a general theory of competition and contrast it with a corresponding general theory of cooperation. I then use this analysis to critique mutualism. Building on the work of Arthur Applbaum and Joseph Heath I develop an alternative adversarial model of competitive sport, one that helps explain and is partly justified by shallow interpretivism, and argue that this model helps shows that the claim that mutualism provides us with the most defensible ethical ideal of sport is (...) false. By replacing that view with an understanding of sporting adversarial ethics we can appreciate that the ethics of sport are more complex than has been commonly recognized. (shrink)

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...