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)

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

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)

Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...) Marmor begins by giving a general account of the nature of conventions, explaining the differences between coordinative and constitutive conventions and between deep and surface conventions. He then applies this analysis to explain how conventions work in language, morality, and law. Marmor clearly demonstrates that many important semantic and pragmatic aspects of language assumed by many theorists to be conventional are in fact not, and that the role of conventions in the moral domain is surprisingly complex, playing mostly an auxiliary and supportive role. Importantly, he casts new light on the conventional foundations of law, arguing that the distinction between deep and surface conventions can be used to answer the prevalent objections to legal conventionalism. Social Conventions is a much-needed reappraisal of the nature of the rules that regulate virtually every aspect of human conduct. (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)

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)