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)

There are well-known problems for formalist accounts of game-play with regards to cheating. Such accounts seem to be committed to cheaters being unable to win–or even play–the game, yet it seems that there are instances of cheaters winning games. In this paper, I expand the discussion of such problems by introducing cases of pre-game cheating, and see how a formalist–specifically a Suitsian–account can accommodate such problems. Specifically, I look at two (fictional) examples where the alleged game-players cheat prior to a (...) game-instance in such as a way as to cast doubt on whether the alleged game-players are truly playing the game. To escape the worries brought about by these examples of pre-game cheating, I will appeal to the concept of nested games. This concept will give us the needed tools to explain how the alleged players are cheating and how the alleged players are players. On the whole, this discussion should help illuminate some important issues with regards to cheating and rules on a Suitsian account of game-play, and help give support for formalist accounts more generally. (shrink)

This paper argues that an instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. The argument for this position rests on the notion that if there is no relevant side-constraint on trash-talking, then if the player commits to a moral boundary on trash-talking then that is the moral boundary on trash-talking. I then argued that there is no relevant side-constraint on trash-talking and that the players commit to the ownership theory (...) as the moral boundary on trash-talking. Hence, the ownership theory is the moral boundary for trash-talking. I then considered a number of objections, the most important of which are that there is a side-constraint against trash-talking because it is degrading, disrespectful, exploitative, or objectifying and that the ownership theory is false because it confuses what is wrong with what is penalized. (shrink)

We have noticed a pattern of arguments that exhibit a type of irrationality or a particular informal logical fallacy that is not fully captured by any existing fallacy. This fallacy can be explored through three examples where one misattributes a cause by focusing on a smaller portion of a larger set—specifically, the last or least known—and claiming that that cause holds a unique priority over other contributing factors for the occurrence of an event. We propose to call this fallacy the (...) “last straw fallacy” and will argue why these examples actually warrant a new logical name. Finally, we will show how these cases point to a deeper insight about the contexts in which we typically invoke this type of reasoning and some significant harmful consequences of doing so. (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)

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)

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...

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)

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)

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.

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)

Commentators on strategic fouling have not focused on what is most ethically relevant. I contend that strategic fouling in basketball is unethical in all of its forms because it violates the essence or true ethos of the sport: the display of the full realization of the skills of the game. I give an account of the essential skills, how they are determined, and how historical rule changes about fouling have principally been directed toward rewarding skill and increasing freedom of player (...) movement. I explain why the disciplined restraint from strategically fouling is a competitive virtue as well as a way to show full respect to opponents. Moreover, I contend that the physical contact involved in strategic fouling can elicit a desire to retaliate, an indication of an ethical aspect of strategic fouling that has been overlooked in the scholarly debate. (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...

The paper defines the practice of tanking in regard to sport organizations and differentiates this approach from activities such as match fixing and team building. Thereafter, the ethical implications tanking presents are developed using Alasdair MacIntyre’s neo-Aristotilean ethical framework. In particular, MacIntyre’s concept of a practice that supports both internal and external goods is discussed to examine the moral questions tanking presents. The insights developed within this analysis are applied throughout to the specific practice of basketball within the discrete institution (...) of the National Basketball Association. Finally, the paper discusses some broader implications the tanking strategy presents for the management and leadership of a sophisticated sport franchise. (shrink)

This essay argues that defences of strategic fouling in sport are enriched and supported by better recognizing the role of play in sport. A common characteristic of play is its disengagement from the everyday, in particular its moral disengagement. If sport in its best manifestations is a species of play, then we should expect to find some moral disengagement there. And indeed we do in a variety of ways. Strategic fouling affords a useful example to illustrate and support this claim (...) and to examine the limits of that sort of disengagement. It is argued that while strategic fouling is morally problematic, it can be a sort of playful ‘competitive shenanigan’ that should be tolerated at times for the way it adds to the challenge and drama of sport. This allows us to better recognize the complexity and depth of sport and the way it reflects fundamental human values. Like everyday life, sport challenges us to weigh morality, perfection, and play against each other in ways that give each sphere of value its due and that contribute to rewarding and meaningful activities and lives. (shrink)

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)

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)

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)

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)

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 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)

We present and defend a view labeled “practiceism” which provides a solution to the incompatibility problems. The classic incompatibility problem is inconsistency of:1. Someone who intentionally violates the rules of a game is not playing the game.2. In many cases, players intentionally violate the rules as part of playing the game.The problem has a normative counterpart:1’. In normal cases, it is wrong for a player to intentionally violate the rules of the game.2’. In many normal cases, it is not wrong (...) for a player to intentionally violate the rules of the game.According to both formalism and informalism, the rules of the game include the formal rules of the game. Both traditional positions avoid the incompatibility problems by rejecting 1 and 1'. Practiceism rejects 2 and 2’: it maintains that the rules are the rules manifested in playing the game, not the formal rules.Practiceism presents two theses: (... (shrink)