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Sport, Law and Philosophy: The Jurisprudence of Sport


ISBN13: 9780367560805
Published: June 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £135.00



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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.

Subjects:
Sports Law
Contents:
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