Seit 2018 regt sich im anglo-amerikanischen Raum vermehrt das Interesse, Sport als quasi-rechtliches Regelsystem zu untersuchen. Man geht davon aus, dass die Probleme und Lösungen in Sportsystemen den Vergleich mit Rechtssystemen erlauben. Tagungen, Aufsätze und Bücher zum Thema „Jurisprudence of Sport“ deuten darauf hin, dass hier ein neuer Forschungsbereich entsteht. Dieser Beitrag bietet eine Einführung in die Thematik.

Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.

Most people will not be familiar with the term ‘jurisprudence of sport’ (JOS). The idea is that looking at sport through the eyes of a legal scholar might illuminate our understanding of certain problems in sport (and vice versa). The term was first introduced in 2011, in the title of a paper by Mitchell N. Berman, who is also a contributor to this book. In the present volume we have contributions from around the world: Italy, Spain, (...) Germany, Australia, Great Britain, the US and the Netherlands, by authors of various nationalities. (shrink)

In this paper, I propose a new way of defining sport that I call a ‘core-periphery’ model. According to a core-periphery model, sport comes in degrees – what I refer to as ‘sport-likeness’ – and the aim of the philosopher of sport is to chart those dimensions along which an activity can be more or less a sport. By introducing the concept of sport-likeness, the core-periphery model complicates the picture of what is or is (...) not a sport and encourages philosophers interested in defining sport to engage with the social sciences in exploring the extension of the term sport in common usage. In this paper I present the results of a small survey about attitudes to sport, and use it to illustrate how a core-periphery definition of sport would proceed. (shrink)

Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body (...) as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory. (shrink)

Is it possible to remain a sports fan when prominent sports teams and events are utilized to “sportswash” human rights abuses and other controversies? Indeed, while there is an abundance of analyses critiquing different instances of sportswashing, the exploration of the role of sportswashing and its connection to the “sports fan” presents an essential and necessary area of investigation and theoretical inquiry. To unpick this dilemma, this article proposes the concept of “fetishistic disavowal” to help theorize the impact of sportswashing, (...) as well as its relation to the sports fan and critical sports academic. This argues that, as spectators and fans of sport—and, moreover, as critical academics—we often acknowledge and accept that sport is used to perpetuate and even maintain a variety of social, economic, and political inequalities. Yet, while we are aware of such knowledge, we nonetheless remain fully capable of disavowing this very knowledge as an accepted part of sport. Given this, it is argued that the fetishization of sport can provide a suitable conduit for the fetishistic disavowal that sportswashing requires, with the concept offering a unique way of approaching sport’s inherent contradictions, while also theorizing how subjects relate to these contradictions as part of their involvement in and with sport. Where sportswashing directly implicates the fan in its implementation—relying upon a level of fetishistic disavowal between the fan and their club and proffering a disavowed acknowledgement of the effects of sportswashing and its interpellation through sport—this article outlines how applications of fetishistic disavowal provide a unique theoretical lens through which analyses of sport, and its ethical significance, can be critiqued. (shrink)

To uncover the main dimensions of sport personality traits, a lexical study was conducted. In the first two phases, 321 adjectives denoting the way somebody practices sports were selected. In the third phase, 555 respondents self-rated the adjectives. Congruence analyses provided evidence of six factors, five of which are sport personality trait factors plus one physical individual difference factor. Marker scales from the sport personality trait factors show convergent correlations with the generic HEXACO personality obtained years earlier. (...) Furthermore, meaningful relations with the six most frequently practiced sport and leisure activities were observed. Contextualized sport personality trait factors can be useful in research on sport preferences, sport behaviors, and sport outcomes. (shrink)

Abstract: The objective of the present study was to analyze the Influence of selected socio-economic condition factor, “sports participation by the parent” on Physical Fitness of college Female students. With the assistance and help of the experts in the field of Physical Fitness, Physical Education, Sports and previous researches on these areas, a comprehensive and suitable Physical Fitness and Socio-economic factor package was evolved. 500 Female college students were randomly selected from twenty one academic colleges of Saurashtra University. For this (...) research, AAHPERED Youth Fitness Test for Physical Fitness and Questionnaire for Socio-economic condition data of the same students was organized for the purpose of finding out the effect of “sports participation by the parent” on Physical Fitness. The obtained Physical Fitness score and Socio-economic condition factor, “sports participation by the parent” score were analyzed by using analysis of co-variance for significant influence of “sports participation by the parent” on Physical Fitness. The researcher has studied all samples in two groups. The groups were as below; A. Rural and Urban area all students. B. Tribal and non-tribal area all students. Analysis the data by use of SPSS programme and find out the mean score of sports achievement by the members of the family, mean score of Physical Fitness of the sample and "F" values in all four groups and compare the result. The calculated 'F' value of rural area all students is 1.634, Non-tribal area all students is 1.641 and were significant at both 0.01 and 0.05 levels whereas tribal area all students is 1.531, were significant at 0.05 levels. Urban area all students is 0.758 not significant at both levels. (shrink)

Background: The application of the philosophical mode of investigation called “phenomenology” in the context of sport. Objective: The goal is to show how and why the phenomenological method is very often misused in the sportrelated research. Methods: Interpretation of the key texts, explanation of their meaning. Results: The confrontation of concrete sport-related texts with the original meaning of the key phenomenological notions shows mainly three types of misuse – the confusion of phenomenology with immediacy, with an epistemologically subjectivist (...) stance (phenomenalism), and with empirical research oriented towards objects in the world. Conclusions: Many of the discussed authors try to take over the epistemological validity of phenomenology for their research, which itself is not phenomenological, and it seems that this is because they lack such a methodological foundation. The authors believe that an authentically phenomenological analysis of sport is possible, but it must respect the fundamental distinctions that differentiate phenomenology from other styles of thinking. (shrink)

Abstract: The Present Article provides the Comprehensive Prudence behind the Intellectual Property Rights. In Indian sub-continent various Laws are enacted which grants Protection to the intellect. Intellectual Property has various domains and its kinds, it can be a Process, Product, Design, Literature, Music, Art, Computer programs or a Brand name. This Article covers the basic principles and the Rationality behind Intellectual Property Rights granted to the Proprietor by the Government.

In this paper I argue that philosophers of sport should avoid value-laden definitions of sport; that is, they should avoid building into the definition of sport that they are inherently worthwhile activities. Sports may very well often be worthwhile as a contingent matter, but this should not be taken to be a core feature included in the definition of sport. I start by outlining what I call the ‘legitimacy-conferring’ element of the category ‘sport’. I then (...) argue that we ought not to include such a dimension in our definition of sport, on the grounds that it confuses issues of description with issues of definition: the issue of what sport does with what sport is. Following this, I consider a Wittgensteinian family resemblance approach to defining sport; Kevin Schieman’s argument that sports are necessarily good games; and the oft-cited wide-following and institutional criteria, as arguments for including an evaluative dimension in the definition of sport. I conclude that none succeed, for similar reasons: they either fail to track our common sense intuitions about what does or does not count as a sport; and/or they make it impossible for us to ever describe something a ‘bad’ sport (or instance of sport). Just as a good definition of, say, art, shouldn’t make it impossible for us to describe something as ‘bad art’, I argue that our definition of sport shouldn’t build in a necessarily positive evaluation. I conclude by discussing some of the practical reasons why supporters of activities about which there is currently debate as to their status as sports might want to see those activities included under the sports umbrella, but suggest that this on its own isn’t a good reason for modifying a philosophical definition of sport to include them. (shrink)

Whilst in recent years sports studies have addressed the calls ‘to bring the body back in’ to theorisations of sport and physical activity, the ‘promise of phenomenology’ remains largely under-realised with regard to sporting embodiment. Relatively few accounts are grounded in the ‘flesh’ of the lived sporting body, and phenomenology offers a powerful framework for such analysis. A wide-ranging, multi-stranded, and interpretatively contested perspective, phenomenology in general has been taken up and utilised in very different ways within different disciplinary (...) fields. The purpose of this article is to consider some selected phenomenological threads, key qualities of the phenomenological method, and the potential for existentialist phenomenology in particular to contribute fresh perspectives to the sociological study of embodiment in sport and exercise. It offers one way to convey the ‘essences’, corporeal immediacy and textured sensuosity of the lived sporting body. The use of Interpretative Phenomenological Analysis (IPA) is also critically addressed. Key words: phenomenology; existentialist phenomenology; interpretative phenomenological analysis (IPA); sporting embodiment; the lived-body; Merleau-Ponty. (shrink)

Příspěvek se věnuje problematice antického řeckého sportu, konkrétně významu sportovních zápolení a jejich výchovné a vzdělávací roli. Pozornost autor věnuje rozboru pozic filosofů Sókrata, Platóna a Aristotela. Po nastínění kontextu tématu představuje a interpretuje základní filosofické a náboženské premisy sportovního výkonu a jeho výchovné role. Řadí mezi ně úsilí o dosažení božské přízně, nesmrtelnosti, vyššího společenského postavení, ale i ideálů kalokagathia, areté a dalších ctností. Důležitý rozměr antického sportu spatřuje rovněž v jeho formativním potenciálu směřujícímu k přípravě na duševní život. (...) Hlavní část příspěvku se věnuje přístupu k pohybovým zápolením u filosofů Sókrata, Platóna a Aristotela, kteří svými úvahami k chápání výchovné role sportu podstatně přispěli. Následně se autor zaměřuje na identifikaci dobrého sportu podle zmíněných myslitelů a na zkoumání role sportu v kontextu dobrého života, který nahlíží v aristotelském rámci jako dosahování blaženosti. Cílem textu je identifikovat a vyzdvihnout výchovný smysl sportování, poukázat na jeho filosofické konotace a možnou roli sportu v otázce vedení dobrého života. ----------- This manuscript deals with the problematics of ancient Greek sport, specifically with the significance of sporting practices and their educational role. Attention is given to a detailed analysis of the positions of the philosophers Socrates, Plato, and Aristotle. After demonstrating the context, the author presents and interprets fundamental philosophical and religious premises of the athletic performance and its educational role. Among the identified features are the effort of acquiring divine favour, immortality, higher social status, but also the ideals of kalokagathia, areté, and other virtues. Important dimension of ancient Greek sport is also found in its formative potential which aims at the preparation for intellectual life. The main part of the article is focused on the approaches of the philosophers Socrates, Plato, and Aristotle towards the sporting practices. These thinkers made an important contribution to the understanding of the educational role of sport. Then, the author identifies a good sport according to these thinkers and examines the role of such sport in the context of a good life, which is considered in the Aristotelian perspective as achieving beatitude (eudaimonia). The aim of this article is to identify and highlight an educational purpose of sport, underlines its philosophical connotations, and demonstrate its possible role in the context of a good life. (shrink)

In his book, On the Pleasure Principle in Culture (2014), Robert Pfaller argued that our relationship to sport is one grounded in “illusion”. Simply put, our interest in and enjoyment of sport occurs through a process of “knowing better”. Here, one’s knowledge of the unimportance of sport is achieved by associating the illusion of sport with a naïve observer – i.e. someone who does believe in sport’s importance. In the wake of the global pandemic, COVID-19, (...) it would seem that Pfaller’s remarks have taken on an added significance. With major sporting events and domestic competitions being indefinitely postponed or canceled, Liverpool manager, Jurgen Klopp, commented that football was “the most important of the least important things”. In light of these remarks, this paper will critically locate sport’s sudden unimportance in relation to Pfaller’s contention that sport reflects an “illusion without owner”. (shrink)

The outcomes of sports and competitive games excite intense emotions in many people, even when those same people acknowledge that those outcomes are of trifling importance. I call this incongruity between the judged importance of the outcome and the intense reactions it provokes the Puzzle of Sport. The puzzle can be usefully compared to another puzzle in aesthetics: the Paradox of Fiction, which asks how it is we become emotionally caught up with events and characters we know to be (...) unreal. In this article, I examine the prospects of understanding our engagement with competitive games on the model of our engagement with works of fiction, thus enabling analogous explanations for both puzzles. I show that there are significant problems with such an approach and offer an alternative, mobilizing ideas from David Velleman and Thomas Nagel, that appeals to the volatility of our motivational attitudes. (shrink)

Understandings of play are frequently tied to a sense of instinctual gratification—a something that must be completed, that all humans, young or old, should or need to partake in. Indeed, for many, play is characterised as a unique activity that stands apart from the ordinary and every day. While such assessments prefigure a clear demarcation between the fun of play and the more laborious, boring aspects of profane life, what this distinction alludes to is a greater sense of the creativity (...) that underlies play. Drawing from a Lacanian perspective, the following chapter will determine that an essential aspect of play and sport is the creativity it provides, namely, by considering how the act of creativity is intricately tied to the very lack that constitutes the Lacanian subject. To do so, the concept of sublimation is used to consider how the codified rules and regulations that sport both asserts and requires renders apparent the importance of the limit. Rather than conceiving of this limit as a barrier to creativity, what is revealed in sublimation is how this limit proves constitutive of our very creativity. That is, the ability to sublimate—to creatively perform unique displays of physical or artistic expression— lies in the mundanity and utter importance of the playful and sporting activity and, more importantly, the inherent restrictions and constraints these activities impose. It is in accordance with the limit that one’s creativity can expose an emancipatory potential in the context of play and sport. (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

The underlying contention guiding this collection is that psychoanalysis can provide a novel approach to theorising our investments in sport. When exploring, examining, discussing, and debating the fascination and frustrations that characterizes sport, what this collection will consider are the very ways in which we become “stuck” in sport. For us, getting “stuck” helpfully describes the degree to which one can both be interested in sport, following a particular team or training regularly, while also being frustrated, (...) angered, and undermined by sport (grievances, which, in most cases, in no way discount or prevent one’s very love of sport). What compounds this contradiction is that a psychoanalytic approach to sport does not necessarily provide or outline any answers to the problems of sport. Rather, we double-down on the fact there is no rational explanation as to why millions of people choose to partake in strenuous forms of physical exclusion for years on end, with the only reward being a medal or personal best for the lucky few—not to mention the multitudes who choose to watch these athletic spectacles. Certainly, this is not to say that sport does not have its explanations. We are all too familiar with the cliched responses and tired explanations: “it makes me feel good”, “it keeps me busy”, “it releases endorphins”, “I enjoy the social-side”, “my Dad followed this team, so, in a way, I’m continuing the tradition”. What goes amiss in such routine responses is why this specific activity—sport, in whatever form—is chosen? When so much of sport requires one to partake in choices that fundamentally affect one’s life, then we require a theoretical space in which we can begin to ask important questions of both sport and ourselves. On this basis, sport is not necessarily detached from our lives, a mere weekend past-time, separate from the world of work (although it can be described as such); instead, as this collection will assert, a psychoanalytic account of sport can allow us to question and explore what it is that makes us human and what is it about our inherent sociality that makes sport such an important part of so many lives. To do so, requires an investigation into the desires, fears, and fantasises that underscore the subject—the very phenomena that psychoanalysis seeks to examine. (shrink)

The purpose of this research is to articulate how a theory of causation might be serviceable to a theory of sport. This article makes conceptual links between Bernard Suits’ theory of game-playing, causation, and theories of causation. It justifies theories of causation while drawing on connections between sport and counterfactuals. It articulates the value of theories of causation while emphasizing possible limitations. A singularist theory of causation is found to be more broadly serviceable with particular regard to its (...) analysis of sports. (shrink)

It has become increasingly popular for sports fans, pundits, coaches and players to appeal to ideas of ‘sporting integrity’ when voicing their approval or disapproval of some aspect of the sporting world. My goal in this paper will be to examine whether there is any way to understand this idea in a way that both makes sense of the way in which it is used and presents a distinctly ‘sporting’ form of integrity. I will look at three recent high-profile sporting (...) incidents that caused sporting integrity to be called into question. I will then examine three different ways in which philosophers have sought to understand integrity and examine whether any of these accounts can provide us with a plausible account of sporting integrity. I will argue that such an account can be given and show how this helps us to understand the three cases. (shrink)

Excellence in sport performance is normally taken to be a matter of superior performance of physical movements or quantitative outcomes of movements. This paper considers whether a wider conception can be afforded by certain kinds of nature based sport. The interplay between technical skill and aesthetic experience in nature based sports is explored, and the extent to which it contributes to a distinction between different sport-based approaches to natural environments. The potential for aesthetic appreciation of environmental engagement (...) is found to be strongly dependent on whether or not environmental engagement is exploited for the end of producing a quantifiable result or enhancing technical skill. It is also argued that an existential rather than spectatorial attitude to aesthetic experience is offered by specifically nature oriented sport. Aesthetic experience achieved in this way is therefore neither passive nor detached, but extends Berleant's concept of participatory environmental aesthetics and underpins both an alternate (wide) conception of excellence in sport activity and a richer experience of aesthetic engagement than more objectivised standpoints. (shrink)

Arriving at definitions in philosophy is as time-honored as it is controversial. Although learned reflection in the west about sport goes back at least to the time of ancient Greece, the sub-discipline of the philosophy of sport emerged in the world of Anglophone analytic philosophy in the 1970s. Shawn Klein’s edited volume, Defining Sport: Conceptions and Borderlines, is both the fruit of and a valuable contribution to such an emerging field (indeed, it is the first book-length study (...) of its topic within philosophy of sport). Although Huizinga had sought to define the phenomenon of play very broadly in his Homo Ludens (1938), investigation of the overlapping questions of what is sport? what is a game?, and what is play? were central to the sub-discipline at its inception. Foundational was the work of Bernard Suits, whose Grasshopper: Games, Life, and Utopia (1978) sought to refute Wittgenstein’s claim that the notion of game was indefinable. In order to refute Wittgenstein, Suits sought to establish the conditions or properties both necessary and sufficient of the concepts of game and sport such that all instances of those concepts share such properties. (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...) not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

In this paper I argue for the usefulness of the concept of ‘movement compression’ for understanding sport and games, and particularly the differences between traditional sport and eSport (as currently practised). I suggest that movement compression allows us to distinguish between different activities in terms of how movement quality (in the sense of the qualities the movement possesses, rather than that the movement is of ‘high quality’) affects outcome. While it applies widely, this concept can in particular help (...) us to understand the persistent idea that eSports are in some key way distinct from traditional sports. (shrink)

Sport poses a number of important and no less significant questions, which, on the face of it, may not necessarily seem very important or significant to begin with – a peculiarity that we believe to be integral to sport itself. This article introduces, explores and outlines the psychoanalytic significance of this peculiarity. It explores how the emotions stirred by sport are intertwined with a realm of fiction and fantasy. Despite its lack of practical utility, sport carries (...) an undeniable gravity, encapsulating the aspirations of communities, nations and continents. As a result, psychoanalysis can be used to critically reflect on the purpose and meaning of sport: that is, why do we need sport, and why, for large sections of the world’s population, do we rely on it? Ultimately, while psychoanalysis maintains a unique relation to a variety of unexpected fields of study – including art, culture and neuroscience – we seek to add to this expanding list of inquiry by including sport in this critical domain. By utilising sport as a platform to elucidate psychoanalytic concepts, it is recognised that sport can also prompt questions for psychoanalysis. In so doing, theoretical discussions on the social, cultural and political dimensions of sport through psychoanalytic theory are introduced and applied. (shrink)

It has been argued that competitive elite sport both (i) reduces the humanity of athletes by turning them into beings whose sole value is determined in relation to others, and (ii) is motivated by a celebration of the genetically superior and humiliation of the weak. This paper argues that while (i) is a morally reproachable attitude to competition, it is not what competitive elite sport revolves around, and that (ii) simply is not the essence of competitive elite (...) class='Hi'>sport. Competitive elite sport is an exploration of the physical and mental demands of sport. Finally, the paper explores a number of consequences of the different views of sport with respect to the problem of intersexual women. (shrink)

Previous discussions on the value of sport in remote locations have concentrated on 1) environmental and process concerns, with the rejection of competition and goal-directed or use oriented activity, or 2) the value of risk and dangerous sport for self-affirmation. It is argued that the value of risk in remote sport is in self-knowledge rather than self-affirmation and that risk in remote sport, while enhancing certain kinds of experience, is not necessary. The value of remote (...) class='Hi'>sport is in offering the opportunity for experience that enhances the participants’ knowledge both of self and of the environment with which they interact. (shrink)

Lack of consent is valorized within popular culture to the point that sexual assault has become a spectator sport and creepshot entertainment on social media. Indeed, the valorization of nonconsensual sex has reached the extreme where sex with unconscious girls, especially accompanied by photographs as trophies, has become a goal of some boys and men.

A commonly accepted feature of commonsense morality is that there are some acts that are supererogatory or beyond the call of duty. Recently, philosophers have begun to ask whether something like supererogation might exist in other normative domains such as epistemology and esthetics. In this paper, I will argue that there is good reason to think that sporting supererogation exists. I will then argue that recognizing the existence of sporting supererogation is important because it highlights the value of sport (...) as a mutual pursuit of excellence and reinforces the value of sportsmanship. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...) Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

This article critically details how the work of Slavoj Žižek theoretically elaborates on the links between nationalism and sport. Notably, it highlights how key terms, drawn from Žižek’s work on fantasy, ideology and the Real (itself grounded in the work of Jacques Lacan), can be used to explore the relationship between sport, nationalism and enjoyment (jouissance). In outlining this approach, specific attention is given to Žižek’s account of the ‘national Thing’. Accordingly, by considering the various ways in which (...) sport organizes, materializes and structures our enjoyment, the emotive significance of sport during national sporting occasions is both introduced and applied. Moreover, it is argued that such an approach offers a unique and valuable insight into the relationship between sport and nationalism, as well as an array of social and political antagonisms. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

In The I in Team, Erin C. Tarver argues that fandom ‘is a primary means of creating and reinforcing individual and community identities for Americans today’ and submits fandom to a critical eye...

Within the sociology of sport, phenomenologically-inspired perspectives on sensory embodiment have emerged in recent years. This corpus includes investigations into the senses in water-based sports such as scuba diving (Merchant, 2011), performance swimming (Allen-Collinson et al., 2021 ; McNarry et al., 2021) and in land-based sports such as distance running (Allen-Collinson et al., 2018, 2021 ; Allen-Collinson & Jackman, 2021), and cycling (Hammer, 2015 ; Spinney, 2006). In this article, I draw upon phenomenological sociology (Allen-Collinson, 2009) and ‘sensory work’, (...) to investigate the experience of asthma in sports participants. Currently, despite the prevalence of asthma globally, there remains a lack of in-depth research on actual experiences of coping with asthma and ‘breathing battles’ in sporting contexts. Here, I draw on data from two linked research projects: a collaborative autoethnography and an interview-based study , which generated findings that highlighted sensory aspects relating to the lived experience of asthma and sporting embodiment. (shrink)

Despite so many long held debates, objectivity has become a widely accepted method of practicing journalism in all parts of the world. In journalism, it refers to the reporting or describing of an incident as it is, and it is meant to be neutral as possible, without holding any kind of prejudices. Importantly, it is an achieved quality by a journalist, or a news media outlet. Ironically, many analysts observed that this very objectivity is missing in sports reporting lately. It (...) raises a few questions. Does reporting about sports not call for objectivity? If not, what might be the reasons? Or, is it satisfactory to not be objective in reporting sports? (shrink)

In Law, Pragmatism and Democracy, Richard Posner wrestles with the ghost of John Dewey for the mantle of pragmatist jurisprudence. Most commentators have seen this work as pitting Posner against Dewey in a contest of pragmatisms, the stakes for which are no less than their respective legacies for legal and democratic theory. Some have sided with Posner and others with Dewey. I contend that the commentators have misidentified the target of Posner’s critique. Posner had another legal theorist in mind (...) and he was disingenuous in naming Dewey. A careful reconstruction of Posner’s argument shows that Dewey’s pragmatism provides a genuine middle way between Posner’s position and that of his intended rival. (shrink)

Sport is one of the first areas in which enhancement has become commonplace. It is also one of the first areas in which the use of enhancement technologies has been heavily regulated. Some have thus seen sport as a testing ground for arguments about whether to permit enhancement. However, I argue that there are fairness-based objections to enhancement in sport that do not apply as strongly in some other areas of human activity. Thus, I claim that there (...) will often be a stronger case for permitting enhancement outside of sport than for permitting enhancement in sport. I end by considering some methodological implications of this conclusion. (shrink)

Sport provides an arena for human flourishing. For some, this pursuit of a meaningful life through sport involves the use of non-human animals, not least of all through sport hunting. This paper will take seriously that sport – including sport hunting – can provide a meaningful arena for human flourishing. Additionally, it will accept for present purposes that animals are of less moral value than humans. This paper will show that, even accepting these premises, much (...) use of animals for sport – including sport hunting – is unacceptable. Nonetheless it will show that there can be acceptable ways of using animals as part of a human’s meaningful life pursuits through sport, albeit in a more limited fashion than many sportspersons currently accept. (shrink)

Fichte argues that the conclusion of Kant’s transcendental deduction of the categories is correct yet lacks a crucial premise, given Kant’s admission that the metaphysical deduction locates an arbitrary origin for the categories. Fichte provides the missing premise by employing a new method: a genetic deduction of the categories from a first principle. Since Fichte claims to articulate the same view as Kant in a different, it is crucial to grasp genetic deduction in relation to the sorts of deduction that (...) Kant offers. I propose to interpret genetic deduction as the simultaneous fulfillment of two tasks: answering the question quid facti by deriving the categories from the I and answering the question quid juris by establishing our entitlement to the categories as conditions of experience. While the second task represents Fichte’s agreement with Kant’s transcendental deduction, the first reflects his correction of Kant’s metaphysical deduction. (shrink)

Sport is a global phenomenon, which can make sport an important arena for integration into new societies. However, sport is also an expression of national culture and identities. The aim of this study is to explore images and experiences that newly-arrived immigrant children in Sweden have about sport in their country of origin, and challenges that can arise in processes of integration through sport. We asked 20 newly arrived children aged 10 to 13 to make (...) drawings about sporting experiences from their countries of origin. Three themes emerged: sport as feeling joy, where activities were performed with friends during leisure time; sport as acting formally, where activities were carried out in clubs; and sport as a spectator, where children were non-participants. We emphasise that development of sport should be two-way processes, where cultural learning should be mutual processes. Immigrant children’s experiences should be foregrounded when utilising and developing sports programmes. (shrink)

Sport and Psychoanalysis: What Sport Reveals about Our Unconscious Desires, Fantasies, and Fears explores the intersection of sport and psychoanalysis, emphasizing the often-overlooked psycho-social dimensions underpinning the experience of sport. By challenging the idea that sport offers an “escape” from reality—a realm separate to the politics of everyday life—each chapter critically considers the unconscious desires, fantasies, and fears that underpin the sporting spectacle for both participants and spectators. Indeed, beyond simply applying psychoanalysis to sport, (...) this book proposes how sport can be used to pose questions to psychoanalysis, thus using sport as a medium to elucidate key psychoanalytic ideas and concepts. This volume addresses a diverse range of theorists, including Sigmund Freud, Jacques Lacan, Lou Andreas-Salomé, Norman O. Brown, and Frantz Fanon, and applies them across a variety of topics and sports, including NFL coaching, Manny Pacquiao, play, football, basketball, baseball, poker, and the 2023 FIFA Women’s World Cup, therefore providing a unique understanding of the cultural, social, and psychic significance of sports. A timely and relevant collection, this book will appeal to scholars and practitioners interested in understanding sport from both the cultural and clinical application of psychoanalytic theory as well as academics and practitioners in sport studies, psychology, sociology, education, and cultural studies. (shrink)

This article addresses the question whether skiing as a nature sport enables practitioners to develop a rapport with nature, or rather estranges and insulates them from their mountainous ambiance. To address this question, I analyse a recent skiing movie from a psychoanalytical perspective and from a neuro-scientific perspective. I conclude that Jean-Paul Sartre’s classical but egocentric account of his skiing experiences disavows the technicity involved in contemporary skiing as a sportive practice for the affluent masses, which actually represents an (...) urbanisation of the sublime, symptomatic for the current era. (shrink)

A debate has arisen over whether “the spirit of sport” is an appropriate criterion for determining whether a substance should be banned. In this paper, I argue that the criterion is crucial for Olympic sport because Olympism celebrates humanity, specifically human agency, so we need to preserve the degree to which athletes are personally and morally responsible for their performances. This emphasis on what I call “athlete agency” is reflected metaphysically in the structure of sport, which characteristically (...) prescribes inefficiencies in order to create challenges, and seeks to reduce or eliminate the proportion of a performance outside an athlete’s control. Emphasizing athlete agency also prevents wealthier and more technologically developed countries from using their resources to gain an advantage in sport. Interpreted according to athlete agency, the World Anti-Doping Agency’s (WADA) “spirit of sport” can be clarified to imply that substances, techniques, and equipment that reduce athlete agency should be reduced or eliminated, while things that increase it should be encouraged. (shrink)

Based on the case of Caster Semenya, I argue in this paper that the practice of Gender Verification Testing (GVT) in professional sports is unethical and pointless. The presumed benefit of GVT—ensuring fair competition for female athletes—is virtually nonexistent compared to its potential harms, in particular the exposure of individual athletes to a largely interphobic public. GVTs constitute a serious incursion on the athlete’s dignity, autonomy, and privacy; an incursion that cannot be justified by the appeal to fairness. My argument (...) will proceed in four steps. In sections 1-5, I provide background information on the definition of intersexuality, the history and methods of Gender Verification Testing, and the performance gap between men and women in professional athletics. In sections 6 and 7, I develop my main argument against GVT. In section 8, I offer a supplementary argument against GVT from the history of “gender engineering” in professional sports in the 1970s and 1980s. In section 9, I briefly consider the suggestion that the presence of intersex athletes in professional sports would force us to abandon gender segregation. (shrink)

This essay is about the history of challenges that women in elite sports have faced with respect to their gender identity within a society that perpetuates misleading aesthetic norms of beauty; it is a history fraught with controversy and injustice. . . . We recommend both the acknowledgment within the realm of elite sport of perceptual sexism based on misleading aesthetic norms of beauty, and a way of correcting such erroneous categorization that allows athletes the autonomy and agency to (...) choose to compete as male or female based on a declaration of their own gender identity. (shrink)

Relative Energy Deficiency in Sport (RED-S) is a syndrome of impaired health and performance that occurs as a result of low energy availability (LEA). Whilst many health effects associated with RED-S have been widely studied from a physiological perspective, further research exploring the psychological antecedents and consequences of the syndrome is required. Therefore, the aim of this study was to qualitatively explore athlete experiences of RED-S. Twelve endurance athletes (female n= 10, male n= 2; M age = 28.33 years) (...) reporting past or current experiences of RED-S, associated with periods of LEA, took part in semi-structured interviews designed to explore: contexts and mechanisms underpinning the onset of RED-S; the subjective experience of RED-S; and contexts and mechanisms influencing “recovery” from RED-S. Regardless of how RED-S was initiated, all athletes experienced a multitude of physiological impairments, accompanied by significant psychological distress. This paper contributes novel understanding of the complex interplay between physiological and psychological components of RED-S from the perspective of information-rich cases. The findings suggest that system-wide educational prevention and awareness interventions are vital for athletes and support personnel, such as coaches, parents, dieticians, psychologists, and sports medicine staff. (shrink)

The enhancement of athletic performance using procedures that increase physical ability, such as anabolic steroids, is a familiar phenomenon. Yet recent years have also witnessed the rise of direct interventions into the brain, referred to as “neuro-doping”, that promise to also enhance sports performance. This paper discusses one potential objection to neuro-doping, based on the contribution to athletic achievement, particularly within endurance sports, of effortfully overcoming inner challenges. After introducing the practice of neuro-doping, and the controversies surrounding it, I describe (...) two major mechanisms some have proposed to explain how it might produce its putative performance-enhancing effects. I then clarify the notion of effort, and its relationship to neuro-doping. I also briefly address common concerns about access and safety. My central argument invokes considerations of effort to maintain that we have at least a significant reason for prohibiting the use of neuro-doping in officially regulated endurance competitions – though only conditional upon a specific set of empirical assumptions. I consider three possible objections: that neuro-doping is no different from widely accepted enhancement methods, that it can make athletic competition fairer, and that a broader range of factors can compensate for a reduced scope for effort than I recognize. I ultimately conclude that these objections do not refute the argument from effort, while stressing nonetheless that this argument applies more clearly to hypothetical improved forms of neuro-doping than to existing ones, and is not meant to offer a final overall verdict on how neuro-doping should be regulated. (shrink)

Two prevalent assumptions in the philosophy of sport literature are that all sports are games and that all games are contests, meant to determine who is the better at the skills definitive of the sport. If these are correct, it would follow that all sports are contests and that a range of sporting activities, including nature sports, are not in fact sports at all. This paper first confronts the notion that sport and games must seek to resolve (...) skill superiority through consideration of sport activities that have no such aim. The reduction of sport to game is also shown to be untenable and due to misunderstanding the point of sport activities, specifically, why people engage in them. This leads to reconsideration of the dominance of an instrumental conception of sport and the pursuit of excellence as anthropomaximising efficiency. The Norwegian tradition of frilutsliv is explored as a counterpoint to both conventional and nature sport. (shrink)