Sport, Law and Philosophy: The Jurisprudence of Sport

ISBN-13: 9780367560805 / Angielski

Miroslav Imbrisevic

Opis

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 VAR, 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.

Spis treści

List of Contributors

Introduction

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

Index

O autorze

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.