Given Bernard Suits’ stature in the philosophy of sport, his take on strategic fouling, surprisingly, hasn’t been given much attention in the literature. Rather than relying on a purely empirical or ‘ethos’ approach to justify the Strategic Foul he provides a mixed justification. Suits’ account combines a priori and a posteriori elements. He introduces a third kind of rule, which appears to be unlike rules of skill or constitutive rules, into his conceptual scheme. Suits claims that it is sometimes tactically (...) correct to break such a rule in order to gain an advantage. I will argue that the a priori element in his justification of strategic fouling is unconvincing because there is nothing special about ‘third type’ rule-violations, which incur a ‘fixed penalty’. Furthermore, the a posteriori element ultimately reduces to a rule of skill, and it is doubtful whether it has sufficient normative force to warrant breaking a rule. But, most importantly, the a posteriori element degrades the power of the a priori element. (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)

In The Grasshopper: Games, Life, and Utopia, Suits maintains the following two theses: game-playing is defined as ‘activity directed towards bringing about a specific state of affairs, using only means permitted by rules, where the rules prohibit more efficient in favour of less efficient means, and where such rules are accepted just because they make possible such activity’ and ‘game playing is what makes Utopia intelligible.’ Observing that these two theses cannot be jointly maintained absent paradox, this essay explores the (...) logical possibility that if is true, then must be false. More specifically, in the tradition of conceptual analysis it is argued that Suits’ definition of game-playing is too narrow inasmuch as it excludes really magnificent Utopian games of significance. (shrink)

Via the existential questioning outlook supplied by the Grasshopper’s three visions as relevant to the fate of humankind – oblivion, delusion, and really magnificent games – this article seeks to alleviate some of the ambiguity surrounding Bernard Suits’ provocative claim that Utopian existence is fundamentally concerned with game-playing. Specifically, after proposing an interpretation of Suits’ parable designed to enrich the logical intelligibility of his Utopian thesis, I advance the suggestion that the Grasshopper’s picture of people playing really magnificent games is (...) reasonably interpreted as a clue that the philosopher’s quest to discern games worthy of a Utopian might very well be that which saves humanity from the desolate oblivion-delusion paradox erected as a consequence of the initial two visions. (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)

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)

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)

The work of Bernard Suits continues to be discussed in the sports philosophy field, over forty years after the publication of his brilliant book, The Grasshopper: Games, Life, and Utopia. Much of t...