1st Edition

Sport, Law and Philosophy The Jurisprudence of Sport

Edited By Miroslav Imbrišević Copyright 2023
    254 Pages 1 B/W Illustrations
    by Routledge

    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.

    Miroslav Imbrišević

    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
    Yunus Tuncel

    Part II: Specific Issues

    6 A Hybrid Account of Legal Interpretation: Lessons from Philosophy of Sport
    Anthony Kreider

    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
    Alun Hardman

    9 Re-thinking the ‘Juridification’ of Sport: Identifying the cognitive dimension
    Steve Greenfield

    10 The Epistemic Limits of VAR
    José Luis Pérez Triviño

    11 Has VAR Ruined Football – and if so, why?
    Maren Behrensen

    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


    Miroslav Imbrišević teaches philosophy at the Open University, UK. He studied philosophy at the Johannes-Gutenberg-Universität in Mainz, Germany (Staatsexamen) and completed his PhD at Heythrop College, University of London, UK. Miroslav has published on topics in political and legal philosophy, the philosophy of sport, as well as the philosophy of religion.

    "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