According to the Differences of Sex Development Regulations of the International Association of Athletics Federations, Caster Semenya and other athletes with heightened testosterone levels are considered non-eligible for middle distance running races in the women’s class. Based on an analysis of fair equality of opportunity in sport, I take a critical look at the Semenya case and at IAAF’s DSD Regulations. I distinguish between what I call stable and dynamic inequalities between athletes. Stable inequalities are those that athletes cannot impact (...) or control in any significant way such as inequalities in biological sex, body size and chronological age. Dynamic inequalities, such as inequalities in strength, speed and endurance, or in technical and tactical skills, can be impacted and to a certain extent controlled by athletes. If stable inequalities exert significant and systematic impact on performance, they provide a rationale for classification. If high testosterone level is an inborn, strong and systemic driver of performance development, inequalities in such levels can provide a rationale for classification. As is emphasised by the Court of Arbitration for Sport, this leads to a dilemma of rights: the right of Semenya to compete in sport according to her legal sex and gender identity, and the right of other athletes within the average female testosterone range to compete under fair conditions. I conclude with providing conditional support of the CAS decision in the Semenya case and of IAAF’s DSD Regulations. (shrink)

The aim of this paper is to analyse the concept of advantage in sport. Advantage is often referred to in discussions of the philosophy of sport, but only a few analyses of the term exist. Sigmund Loland has discussed advantage most comprehensibly. Nevertheless, his view does not address all of the relevant kinds of advantage. I begin with a summary of Loland's view and then show its limitations. I continue by developing his ideas further to present what I call performance (...) advantage, a comparative relationship between numbers attributed to performances. For instance, the performance of a football team that beat its opponent 3?2 is given a numerical value. However, another kind of advantage exists, one that I label property advantage. This term refers to advantage as a comparative relationship between different properties that affect performances. For example, a runner may have more haemoglobin than his or her competitor. I then outline the relationship between the two meanings of advantage. Finally, I summarise by stating that advantage in sport is a relationship of superiority that can be divided into performance advantage and property advantage. (shrink)