In his ‘Rules and Obligations,’ Bogdan Ciomaga defends a pluralist account of moral obligations to follow sport rules by arguing that no single explanation of such obligations will plausibly apply in multiple contexts. I dispute this claim by showing that consent generates rule-following obligations in a very wide variety of the contexts in which sports are played, including each of those Ciomaga cites in support of his pluralist account. The contractualist or consent-based theory of rule normativity therefore offers a substantially (...) unifying – though not a unitary, for reasons I go on to explain – source of moral obligations to follow sport rules. (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)

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)

A contrast is often drawn between standard adult capacities for autonomy, which allow informed consent to be given or withheld, and patients' reduced capacities, which demand paternalistic treatment. But patients may not be radically different from the rest of us, in that all human capacities for autonomous action are limited. An adequate account of paternalism and the role that consent and respect for persons can play in medical and other practice has to be developed within an ethical theory that does (...) not impose an idealised picture of unlimited autonomy but allows for the variable and partial character of actual human autonomy. (shrink)

Concussion is a common, serious injury in youth ice hockey, affecting up to 25% of players per season by one estimate. • Bodychecking is a major cause of injury and concussion in hockey, yet some Canadian provinces allow players as young as nine years to engage in bodychecking. • Reducing rates of concussion requires eliminating bodychecking for all except elite hockey players aged 16 years and older, as per the recommendations of the Canadian Academy of Sports and Exercise Medicine.

: Bioethicists have failed to understand the pervasively paternalistic character of research ethics. Not only is the overall structure of research review and regulation paternalistic in some sense; even the way informed consent is sought may imply paternalism. Paternalism has limits, however. Getting clear on the paternalism of research ethics may mean some kinds of prohibited research should be reassessed.

The british Medical Association wants to criminalise all boxing. This article examines the logic of the arguments it uses and finds them wanting. The move from medical evidence about the risk of brain damage to the conclusion that boxing should be banned is not warranted. The BMA's arguments are a combination of inconsistent paternalism and legal moralism. Consistent application of the principles implicit in the BMA's arguments would lead to absurd consequences and to severe limitations being put on individual freedom.

A contrast is often drawn between standard adult capacities for autonomy, which allow informed consent to be given or withheld, and patients' reduced capacities, which demand paternalistic treatment. But patients may not be radically different from the rest of us, in that all human capacities for autonomous action are limited. An adequate account of paternalism and the role that consent and respect for persons can play in medical and other practice has to be developed within an ethical theory that does (...) not impose an idealised picture of unlimited autonomy but allows for the variable and partial character of actual human autonomy. (shrink)