At IAPS Ljubljana conference (September 2007) Dag Vidar Hanstad and Sigmund Loland presented a paper on elite-level athletes' duty to provide information on their whereabouts, to decide between two opposing positions: is this WADA demand justifiable anti-doping work or an indefensible surveillance regime? They concluded that on moral grounds this regime is conditionally acceptable, the condition being the acceptability of a general framework and objectives embodied in anti-doping global legislative foundations (the World Anti-Doping Code). But, as they said, principled objections (...) against the system have more universal relevance, which has to be taken seriously . To take this ambiguous and intriguing conclusion a step further, I propose a legal rather than ethical approach, from the aspect of constitutional and international human rights law, and the possible clash of two legally acknowledged values - the concept of elite sport without doping, and the concept of individual human rights. This conflict between ideological or moral values and the legality of individual rights is not a novelty. This paper presents three instances of this conflict: Bernard de Mandeville's differentiation between public and private values; Eug ne Sue's parallel legal and civil morals; and the contemporary moralisation of law which conflates legality into morality. The subordination of legality to morality has potentially dangerous consequences: here, Agamben's 'state of exception' comes to mind, with his analysis of potestas and auctoritas. However, in the case of sport and the war against doping, the origin of power is not in the nation state; it originates in civil society's non-governmental national and international bodies recognised as autonomous sources of legal order. (shrink)

Sports have long played an important role in society. By exploring the evolving link between sporting behaviour and the prevailing ethics of the time this comprehensive and wide-ranging study illuminates our understanding of the wider social significance of sport. The primary aim of _Sports, Virtues and Vices_ is to situate ethics at the heart of sports via ‘virtue ethical’ considerations that can be traced back to the gymnasia of ancient Greece. The central theme running through the book is that sports (...) are effectively modern morality plays: universal practices of moral education for the masses and - when coached, officiated and played properly - a valuable vehicle for ethical development. Including a wealth of contemporary sporting examples, the book explores key ethical issues such as: How the pursuit of sporting excellence can lead to harm Doping, greed and shame Biomedical technology as a challenge to the virtue of elite athletes Defining a ‘virtue ethical account’ in sport Family vices and virtues in sport Written by one of the world's foremost sports philosophers, this book powerfully unites the fields of sports ethics and medical ethics. It is essential reading for all students and scholars with an interest in the ethics and philosophy of sport. (shrink)

This paper discusses three questions concerning the ethics of performance enhancement in sport. The first has to do with the improvement to policy and argues that there is a need for policy about doping to be re-constituted and to question the conceptual priority of ‘anti’ doping. It is argued that policy discussions about science in sport must recognise the broader context of sport technology and seek to develop a policy about ‘performance’, rather than ‘doping’. The second argues that a quantitative (...) enhancement to a sporting performance has no value and is, thus, unethical, unless the motivation behind using it implies something meaningful about being human. Thus, unless the use of the technology is constitutive of our humanness, then it is not a justifiable method of altering (rather than enhancing) performance. This rules out the legitimacy of using performance enhancement to gain an advantage over other competitors, who do not have access to similar means. Finally, the third argument claims that sport ethics has had only a limited discourse and has failed to recognise broader theoretical ideas in relation to performance modification, which might be found in the philosophy of technology and bioethics . Collectively, these positions articulate important concerns about the role of science in sport and the ethical discussions arising from them. (shrink)