Sport, Law and Philosophy The Jurisprudence of Sport
Sport, Law and Philosophy: The Jurisprudence of Sport discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport.
There is a general recognition that law and sports bear strong similarities. Both can be understood as systems of rules, with a judge/referee who has the power to adjudicate and to issue punishments/penalties. Divided into two parts, this volume presents an exploration of central philosophical issues arising from the intersections of law and sport and makes reference to current events and controversies. Experts from across the globe discuss a range of issues such as sports as legal systems, the game as a social contract, the role of the referee – including video assistant refereeing – rule breaking, equality in women’s sport, justice on the sports field and in the court room, and issues surrounding the application of law to sports.
The book will be a valuable resource to undergraduates, postgraduates and for those working in the areas of legal philosophy, sports law and philosophy of sport.
Part I: Foundational Issues
1 The Jurisprudence of Sport: A Research Strategy
Mitchell N. Berman
2 On the Game Contract
Andreas von Arnauld
3 Rules of the Game, Gaming the Rules
Bruce Baer Arnold
4 The Overlap Between State Law Systems and Sports Law Systems: The Case of Doping
Anna Di Giandomenico
5 Contra Legalist/Formalist Conceptions of Sport
Part II: Specific Issues
6 A Hybrid Account of Legal Interpretation: Lessons from Philosophy of Sport
7 The Dual Function of Constitutional Rights in lex sportiva
Bodo P. Bützler
8 International Migration Law and Reforming ‘Change of Nationality’ Rules in Sport
9 Re-thinking the ‘Juridification’ of Sport: Identifying the cognitive dimension
10 The Epistemic Limits of VAR
José Luis Pérez Triviño
11 Has VAR Ruined Football – and if so, why?
12 Is It Ever Too Soon to Send Off a Player? A Philosophical Investigation on the Role Discretion Should Play in Considering Commercial Interests in Sport Refereeing
Francisco Javier López Frías and Stephen F. Ross
13 Equality and the Case of Women’s Sport
Pam R. Sailors
14 The Jurisprudence of Strategic Fouling
"Miroslav Imbrišević’s smartly edited new collection of essays,□Sport, Law and Philosophy: The Jurisprudence of Sport, is a most welcome addition to the philosophy of sport literature. Its distinctive contribution in this regard is the jurisprudential perspective it brings to bear on that literature, in which legal concepts, principles, and problems that range from prices and sanctions, to legal interpretation of texts, to issues of adjudicatory discretion, figure prominently in the analysis of sport. What is most promising about this jurisprudential take on sport is not only the light it sheds on issues presently debated in the philosophy of sport such as tactical fouls and transgender athletes, but on the exploration and investigation of novel problems and issues in sport it makes possible that have so far eluded the notice, let alone the attention, of philosophers not steeped in the philosophy of law."
William J. Morgan PhD, Annenberg School of Communication
"This collection of essays is intellectually fascinating. It combines philosophical approaches with practical problems of different kinds of sports: doping, rules of sports, the importance of team play, VAR rules, among many others. A great introduction to a fantastic topic and a remarkable effort that would be recognized in the next few years."
Gustavo Beade,Professor of Law/Universidad Austral de Chile
"Imbrišević has put together an informative, enlightening, engaging, and well-balanced volume that simultaneously touches all the grounding topics of the philosophical examination of law and sport, and discusses the most teasing present issues such as VAR technology, 'change of nationality' rules, referee discretion, and strategic fouling. Beyond any doubt, we received a highly important contribution to the specialized field which instantly became an important piece of the literature."
Matija Mato Škerbić, PhD, Assistant Professor, Department of Philosophy and Culture, University of Zagreb, Croatia