The Shape of Agency offers interlinked explanations of the basic building blocks of agency, as well as its exemplary instances. The first part offers accounts of a collection of related phenomena that have long troubled philosophers of action: control over behaviour, non-deviant causation, and intentional action. These accounts build on earlier work in the causalist tradition, and undermine the claims made by many that causalism cannot offer a satisfying account of non-deviant causation, and therefore fails as an account of intentional (...) action. The second part turns to modes of agentive excellence—ways that agents display quality of form—providing a novel account of skill, including an account of the ways that agents display more or less skill. Shepherd discusses the role of knowledge in skill, and concludes that while knowledge is often important, it is inessential. This leads to a discussion of the way that knowledge of action and knowledge of how to act informs action execution. Knowledgeable action includes a unique epistemic underpinning: in knowledgeable action, the agent has authoritative knowledge of what she is doing and how she is doing it when and because she is poised to control her action by way of practical reasoning. (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)

Games have a complex, and seemingly paradoxical structure: they are both competitive and cooperative, and the competitive element is required for the cooperative element to work out. They are mechanisms for transforming competition into cooperation. Several contemporary philosophers of sport have located the primary mechanism of conversion in the mental attitudes of the players. I argue that these views cannot capture the phenomenological complexity of game-play, nor the difficulty and moral complexity of achieving cooperation through game-play. In this paper, I (...) present a different account of the relationship between competition and cooperation. My view is a distributed view of the conversion: success depends on a large number of features. First, the players must achieve the right motivational state: playing for the sake of the struggle, rather than to win. Second, successful transformation depends on a large number of extra-mental features, including good game design, and social and institutional features. (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)

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)

The purpose of this paper is to identify and defend a broad biologically informed internalist position. This internalism is pluralistic because it more explicitly identifies the range of ‘best light’ sporting practices than previous internalist literature. As such, it may help to solve a long-standing debate between broad internalists or interpretivists, as they are also called, and conventionalists. I present six models of sport that reflect different normative stances on testing and contesting acts. Each one is grounded in what I (...) claim to be an element of our more or less durable, but not metaphysically fixed, human nature. I conclude with a discussion of the strengths and weaknesses of my models, relationships among and between them, and implications for practice. (shrink)

This paper argues that for the purposes of any sort of serious discussion about immoral conduct in sport very little is illuminated by claiming that the conduct in question is cheating. In fact, describing some behavior as cheating is typically little more than expressing strong, but thoroughly vague and imprecise, moral disapproval or condemnation of another person or institution about a wide and ill-defined range of improper advantage-seeking behavior. Such expressions of disapproval fail to distinguish cheating from many other types (...) of immoral conduct. The discussion shows that we should set the concept aside and assess the moral disapproval implied by claims of cheating by reference to the moral and other principles that underlie the practice of sport. This allows us to consider carefully the complexity of the issues that are raised when allegations of cheating are made and not be distracted by the emotionally loaded, conversation-stopping tendency of the concept. This means that some types of disputes in sport will be messy and demand more effort to resolve, but the payoff will be better informed and more thoughtful discussions and greater awareness of the moral complexity of sport and of its principled underpinnings. (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)

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)

This paper centers two complementary theoretical approaches to advance the debate about transgender women’s inclusion in elite women’s sports – namely, non-ideal theory and cultural studies. In doing so, the paper highlights divisions between ideal theory and non-ideal theory, normative internalism in sports and normative externalism in sports, and essentialist views of sports compared to non-essentialist views of sports. The paper’s main agenda is to show the value of applying non-ideal theory, externalism, and non-essentialism to the discourse over transgender inclusion.

One important limitation of the current renditions of interpretivism is that its emphasis on the moral dimension of sport has overlooked the aesthetic dimension lying at the core of this account of sport. The interpretivist’s failure to acknowledge and consider the aesthetic implicitly distances this realm from the moral. Marcia Muelder Eaton calls this distancing the separatist mistake. This paper argues that interpretivism presupposes not only moral but also aesthetic principles and values. What it sets out to demonstrate is that (...) interpretivism is an integralist, or nonseparatist, account of sport, one in which ethical and aesthetic values are not exclusive. Making explicit and specifying interpretivism’s combined moral-aesthetic approach to sport not only helps to better distinguish the whole range of values that make up sport as well as their interconnection but also encourages sportspeople to pursue more coherent sport and, thus, more enriching lives. (shrink)

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)

This paper argues that recent treatments of ethics in sport have accorded too much importance to the promotion and portrayal of a sport’s excellences, and too little to the consent of participants First, I consider and reject a fundamental challenge to the idea that consent should play a central role in determining the morality of action in sport – namely, Sean McAleer’s argument to the effect that consent is incapable of rendering normally impermissible actions permissible in sport. I then offer (...) a preliminary examination of the proper relation in the moral evaluation of action in sport between considerations of consent and ‘internalist’ considerations regarding the nature and purpose of sport. Taking as my starting point J.S. Russell’s treatment of this topic, I argue that consent is the more weighty, and in many cases the more fundamental, value and that when it conflicts with internalist considerations, it is consent that takes moral priority. (shrink)

MMA fighting in a competition is not necessarily wrong and is often, as far as we can tell, permissible. Our argument has two premises. First, if an act does not infringe on anyone’s moral right or violate another side-constraint, then it is morally permissible. Second, MMA-violence does not infringe on anyone’s moral right or violate another side-constraint. The first premise rested on two assumptions. First, if a person does a wrong act, then he wrongs someone. Second, if one person wrongs (...) a second, then the first infringes on the second’s right. We then looked at Nicholas Dixon’s powerful Kantian argument that MMA fighting is wrong. (shrink)

ABSTRACTIn this essay, I defend sport as a hobby in contrast to sport as a ‘mutual quest for excellence through challenge’. With the assistance of ideas found in the novel Don Quixote, I rai...

It is sometimes claimed that formalism and the logical incompatibility thesis together imply that fouls cannot be part of the game. Some philosophers think this proves that therefore strategic fouls are always morally wrong, but other philosophers think this result undermines formalism itself, since strategic fouls clearly are part of the game and are at least sometimes morally permissible. I show that formalism in fact does accommodate strategic fouls and that it is neutral about whether strategic fouls are morally permissible (...) or not. (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...

The question of acceptability in respect to the strategic foul in sport has provoked a rich and seemingly irreconcilable dispute with normative theorists currently divided amongst three schools of thought including formalism, conventionalism and interpretivism. In this paper, I seek to transcend the three-way intellectual stalemate portrayed in the literature via a consideration as to whether or not the strategic foul qualifies as ‘Utopian’. More specifically, after demonstrating that Bernard Suits’ theory of game-playing is fully capable of embracing all three (...) rival accounts, I seek to end the normative debate altogether via a conceptual analysis of the strategic foul as unacceptable via the higher-order point of view afforded by essentialism. (shrink)

The existence of the obligation to follow rules in sport is widely accepted, but there are only a few studies that provide accounts that justify it. Building upon Wolff's challenge to traditional political theories, this study proposes a theory that limits the level of normativity to which participants in sport contests are bound in an effort to maximize their autonomy. Instead of constructing a unitary theory of obligations to follow sport rules, a pluralistic account is offered, one that allows for (...) multiple sources of normativity, thus augmenting the freedom of communities to play games according to their values. (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)

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)

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)

The purpose of this paper is to draw attention to the normative role of conventions in sports. However, the approach I have in mind does not dispatch the theory of interpretivism. What I offer is a synthesis that aims to show how interpretivism works in concert with – and relies heavily on – conventions. To make this point, I will argue that historical, cultural, and even simple preferential needs and desires help to determine what counts as athletic ‘excellence’ in sports.

In this essay I attempt to show the limitations of analytic thinking and the kinds of dead ends into which such analyses may lead us in the philosophy of sport. As an alternative, I argue for a philosophy of complementation and compatibility in the face of what appear to be exclusive alternatives. This is a position that is sceptical of bifurcations and other simplified portrayals of reality but does not dismiss them entirely. A philosophy of complementation traffics in the realm (...) of ambiguities, paradoxes, differences by degree, tendencies, mixtures, polarities, tensions, complexes, transitions and all other forms of messiness. I note that this position has been generated, in part, by work conducted in the empirical sciences and that complementation provides a paradigm that is useful across the academic disciplines. To show the ways in which analytic thinking leads to dead ends, I analyse the epistemological debate over ?broad internalism? engaged in by Russell (1999, 2004), Dixon (2003), Simon (2000, 2004) and Morgan (2004). Evidence for the claim that they reached a mostly unhelpful stalemate is based on the fact that they did not provide any third option and moreover that the analytic tools and ground rules they employ prevent its discovery. I suggest that all four authors are comfortable with the analytic tendency to bifurcate reality and require choices among exclusionary alternatives. I also claim that they treat reason as if it were generated by a ?mind from nowhere?. Philosophical anthropology, I suggest, provides much-needed somatic grounding that would reign in excessively optimistic views of reason (Dixon, Simon and Russell) or excessively plastic interpretations of mind (Morgan). It can also provide evidence that could help us understand why hominids (even modern ones) are so attracted to dichotomies and why we have so much trouble in reconciling apparent incompatibilities. (shrink)

In this article I develop my argument for a shallow interpretivist theory of sport by showing that whereas it applies to all oppositional sports, the standard theory of sport for the past twenty ye...

This article develops a novel theory of sport that I call ‘Confucian mutualism’. Confucian mutualism is underpinned by the Confucian Golden Rule and the Confucian conception of human dignity. It resembles the mutualist theory of sport developed by Robert L. Simon in maintaining that sport participants ethically ought to prioritize promoting sporting excellence both in themselves and in their co-participants. However, while Simon’s mutualism maintains that sporting excellence consists in proficiency at sport constitutive skills, Confucian mutualism maintains that sporting excellence (...) consists in success at achieving the Confucian virtues through sport participation. I provide a preliminary case for why Confucian mutualism’s virtue-centric conception of sporting excellence makes it better able than Simon’s mutualism to explain why sporting excellence is stance-independently ethically significant for all sport participants. I do so by trying to show that we have prima facie justification for believing that Confucian mutualism is not vulnerable to certain kinds of criticisms that have been leveled at Simon’s mutualism. (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...