Call for abstracts: The Jurisprudence of Sport

Redaktorzy książki "The Jurisprudence of Sport" zapraszają do przesyłania abstraktów proponowanych tekstów do książki.
Tematy, którymi są szczególnie zainteresowani to:

• Sport as a legal system. What is the normative status of rules compared to laws? Are both realms presenting absolute prohibitions or can rule-breaking be ‘priced’? Are rules disjunctive – you follow them or you break them (compare with the ‘law and economics’ approach)? How should rules be interpreted – like a constitution/originalism? Can you have defective rules, badly framed rules, unfair rules – similarly: defective laws, immoral laws. Are games morally disengaged – cf. legal positivism? Is there something like Kelsen’s ‘Grundnorm’ in sport = ‘fair play’? Game rules as Razian exclusionary reasons? The ‘internal point of view’ (Hart) versus the ‘lusory attitude’ (Suits).
• Types of rules (formal rules and informal rules/conventions; constitutive rules; regulative rules; penalty-invoking rules, playing rules, eligibility rules, conduct rules, tournament rules) – analogies to: regulatory law/statutory law; Hart’s duty-imposing rules and power-conferring rules
• The role of the referee. DECISION: final OR appeals process. The scope of authority between judge and referee. The relationship between the referee and VAR. Enforcement/non-enforcement of rules/laws. The referee, just like the judge, creates facts: ‘you are off-side’ – ‘this will is invalid’. Bad calls and wrongful convictions. Make-up calls and equity. The impartiality of the referee/judge.
• The authority of the referee. Players, but also fans at the stadium, routinely challenge the decision of the referee (including abuse of the referee). TV viewers feel competent, because of VAR, to do the same. Donald Trump has referred to ‘bad judges’ (and ‘bad laws’) and the Daily Mail in the UK branded three High Court judges as ‘enemies of the people’. How does this affect the institution of law or particular sports?
• Rule breaking (intentional/accidental; strategic foul; dangerous play; negligence – recklessness; cheating-fraud = the doper defrauds other competitors: loss of sponsorship, earnings, job opportunities after the end of your career).
• Justice on the sports field and in the court room. What are the means to get justice and how effective are they? Penalties and punishments: proportionality, deterrence, compensation, restitution.
• The nature of a player’s consent (to abide by the rules; assumption of risk; conventions) – contrast with obligation to obey the law. The state’s monopoly on violence – violence and aggression in sport. Entering a game as ‘entering into a contract – rule breaking versus efficient breach in contract law.
• Issues about the application of law to sports (lex sportiva). Should the law have jurisdiction over sport. Isn’t it a private matter (Mill)? Double punishment (doping): through criminalisation and through sports governing body. What is wrong with match-fixing (underperformance)? Rights issues: is it a (human) right for trangender athletes to participate in the sex category of their choice (see Rachel McKinnon)? Privacy and the intersex athlete (Caster Semenya).
• Challenges to the above analogies between sports/games and law: law and sports differ fundamentally.

Abstrakty (900-1000 słów) wraz z krótkim biogramem należy przesyłać do 31 stycznia br. na adres jurisprudence2020@gmail.com.
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