Mike McNamee

Recent discussions among lawyers, philosophers, policy researchers and athletes have focused on the potential threat to privacy posed by the World Anti-Doping Agency’s (WADA) whereabouts requirements. These requirements demand, among other things, that all elite athletes file their whereabouts information for the subsequent quarter on a quarterly basis and comprise data for one hour of each day when the athlete will be available and accessible for no advance notice testing at a specified location of their choosing. Failure to file one’s whereabouts, or the non-availability for testing at said location on three occasions within any 18-month period constitutes an anti-doping rule violation that is equivalent to testing positive to a banned substance, and may lead to a suspension of the athlete for a time period of between one and two years. We critically explore the extent to which WADA’s whereabouts requirements are in tension with existing legislation on privacy, with respect to UK athletes, who are simultaneously protected by UK domestic and EU law. Both UK domestic and EU law are subject to the European Convention on Human Rights (ECHR) Article 8, which establishes a right to “respect for private and family life, home and correspondence”. We critically discuss the centrality of the whereabouts requirements in relation to WADA’s aims, and the adoption and implementation of its whereabouts rules. We conclude that as WADA’s whereabouts requirements appear to be in breach of an elite athlete’s rights under European workers’ rights, health & safety and data protection law they are also, therefore, in conflict with Article 8 of the ECHR and the UK Human Rights Act 1998. We call for specific amendments that cater for the exceptional case of elite sports labour if the WADA requirements are to be considered legitimate.

Brent Kious has recently attacked several arguments generally adduced to support anti-doping in sports, which are widely supported by the sports medicine fraternity, international sports federations, and international governments. We show that his attack does not succeed for a variety of reasons. First, it uses an overly inclusive definition of doping at odds with the WADA definition, which has global, if somewhat contentious, currency. Second, it seriously misconstrues the position it attacks, rendering the attack without force against a more balanced construal of an anti-doping position. Third, it makes unwarranted appeals to matters Kious considers morally ‘clear’, while simultaneously attacking a position many others take to be equally morally ‘clear’, namely that of anti-doping. Such an inconsistency, attacking and appealing to the moral status quo as befits one’s argument, is not acceptable without further qualification. Fourth, his position suffers from a general methodological flaw of over-reliance upon argumentation by analogy. Moreover, it is argued that the analogies, being poorly selected and developed, fail to justify his conclusion that the anti-doping lobby lacks philosophical and moral authority for its stance. These issues are symptomatic of a more fundamental problem: any attempt at providing a blanket solution to the question of whether doping is morally acceptable or not is bound to run up against problems when applied to highly specific contexts. Thus, rather than reaching any particular conclusion for or against doping products or processes in this article, we conclude that an increased context-sensitivity will result in a more evenhanded appraisal of arguments on the matter

Brent Kious has objected to our previous criticism of his views on doping, maintaining that we, by and large, misrepresented his position. In this response, we strengthen our original misgivings, arguing that (1) his views on risk of harm in sport are either uncontroversially true (not inconsistent with the views of many doping opponents) or demonstrably false (attribute to doping opponents an overly simplistic view), (2) his use of analogies (still) indicates an oversimplification of many issues surrounding the question of doping in sports, and (3) his doping analogies are insufficiently precise to support his conclusions.

Sports have long played an important role in society. By exploring the evolving link between sporting behaviour and the prevailing ethics of the time this comprehensive and wide-ranging study illuminates our understanding of the wider social significance of sport. The primary aim of _Sports, Virtues and Vices_ is to situate ethics at the heart of sports via ‘virtue ethical’ considerations that can be traced back to the gymnasia of ancient Greece. The central theme running through the book is that sports are effectively modern morality plays: universal practices of moral education for the masses and - when coached, officiated and played properly - a valuable vehicle for ethical development. Including a wealth of contemporary sporting examples, the book explores key ethical issues such as: How the pursuit of sporting excellence can lead to harm Doping, greed and shame Biomedical technology as a challenge to the virtue of elite athletes Defining a ‘virtue ethical account’ in sport Family vices and virtues in sport Written by one of the world's foremost sports philosophers, this book powerfully unites the fields of sports ethics and medical ethics. It is essential reading for all students and scholars with an interest in the ethics and philosophy of sport

The issues surrounding ethical controversies in sport have filled the media recently. This book of invited original essays by mainstream philosophers as well as philosophers of sport will provide the reader with a discussion in ethics and sport based on a sound philosophical footing. It will be accessible to a wide range of teachers and students in the field of sport and leisure studies. Contributions from international, highly regarded experts in the fIeld provide the reader with systematic treatment of the ethics of sport from a diverse perspective.

In this article, transhumanism is considered to be a quasi-medical ideology that seeks to promote a variety of therapeutic and human-enhancing aims. Moderate conceptions are distinguished from strong conceptions of transhumanism and the strong conceptions were found to be more problematic than the moderate ones. A particular critique of Boström’s defence of transhumanism is presented. Various forms of slippery slope arguments that may be used for and against transhumanism are discussed and one particular criticism, moral arbitrariness, that undermines both weak and strong transhumanism is highlighted

In this paper, we explore the issue of the elimination of sports, or elements of sports, that present a high risk of brain injury. In particular, we critically examine two elements of Angelo Corlett’s and Pam Sailors’ arguments for the prohibition of football and Nicholas Dixon’s claim for the reformation of boxing to eliminate blows to the head based on the empirical assumption of an essential or causal connection between brain injuries incurred in football and the development of a degenerative brain disease known as chronic traumatic encephalopathy ; and John Stuart Mill’s rejection of consensual domination. We present four arguments to contest the validity of Corlett, Dixon’s and Sailor’s positions. Specifically, we argue that certain autonomy-based arguments undermine paternalist arguments for reform; the nature of the goods people pursue in their lives might justify their foregoing future autonomy; Mill’s argument against consensual domination draws on ambiguous and arbitrary distinctions; the lack of consensus and empirical evidence regarding CTE arising from brain injuries in sport underdetermines calls for reform. We conclude that these proposals for reforming or eliminating sports with high risks of brain injuries are not well founded.

The therapy/enhancement distinction is a controversial one in the philosophy of medicine, yet the idea of enhancement is rarely if ever questioned as a proper goal of sports medicine. This opens up latitude to those who may seek to use elite sport as a vehicle of legitimation for their nature-transcending ideology. Given recent claims by transhumanists to develop our human nature and powers with the aid of biotechnology, I sketch out two interpretations of the myth of Prometheus, in Hesiod and Aeschylus, which can help frame the moral limits of sports medicine. By way of conclusion I assemble some banal reminders: We are mortal beings; our vulnerability to disease, injury and the waning of our powers, far from something we can overcome or eliminate, represent natural limits both for morality and medicine generally and sports medicine in particular

This article presents a theorized and conceptually informed method for the undertaking of an ethics audit organization. At an operational level, the overall integrity of an organization, it is argued, may be evaluated through the application of a conceptual frame-work that embraces the inter-related themes of individual responsibility, social equity and political responsibility. Finally, a method is presented for ethics audit which was developed in the auditing of a national public sector sports organization: sportscotland. This emphasizes the significance of key personnel (individuals and in groups) in producing and reproducing the organizational ethos, whilst recognizing the importance of anonymity and confidentiality throughout the process. The theoretical terrain of the ethics audit is articulated through a consideration of ethics as applied moral philosophy, equity as social justice and corporate governance as the moral health (or otherwise) of a public sector sports organization

In light of the World Anti Doping Agency’s 2013 Code Revision process, we critically explore the applicability of two of three criteria used to determine whether a method or substance should be considered for their Prohibited List, namely its (potential) performance enhancing effects and its (potential) risk to the health of the athlete. To do so, we compare two communities of human guinea pigs: (i) individuals who make a living out of serial participation in Phase 1 pharmacology trials; and (ii) elite athletes who engage in what is effectively ‘unregulated clinical research’ by using untested prohibited or non-prohibited performance enhancing substances and methods, alone or in combination. Our comparison sheds light on norms of research ethics that these practices exacerbate with respect to the concepts of multiplicity, visibility, and consistency. We argue for the need to establish a proper governance framework to increase the accountability of these unregulated research practices in order to protect the human guinea pigs in elite sports contexts, and to establish reasonable grounds for the performance enhancing effects, and the risks to the health of the athlete, of the methods and substances that might justify their inclusion on the Prohibited List

The purpose of this paper is to examine the concept of Schadenfreude - the pleasure felt at another’s misfortune - and to argue that feeling it in the course of health care work, as elsewhere, is evidence of a deficient character. In order to show that Schadenfreude is an objectionable emotion in health care work, I first offer some conceptual remarks about emotions generally and their differential treatment in Kantian and Aristotelian thought. Second, I argue that an appreciation of the rationality of the emotions is crucial to our self-understanding as persons in general and nurses in particular. Third, I present a critique of Portmann’s (2000, When Bad Things Happen to Other People. London: Routledge) defence of Schadenfreude with examples from both nursing and medical scenarios. Specifically, I show how his exculpation of the emotion in terms of low self-esteem and a commitment to justice are not compelling. I argue that we are active in the construction of our emotional experiences of Schadenfreude, how we may indeed ‘nurse’ the emotion, and thus become culpable for them in ethical terms

Criticisms of the ethical justification of antidoping legislation are not uncommon in the literatures of medical ethics, sports ethics and sports medicine. Critics of antidoping point to inconsistencies of principle in the application of legislation and the unjustifiability of ethical postures enshrined in the World Anti-Doping Code, a new version of which came into effect in January 2009. This article explores the arguments concerning the apparent legal peculiarities of antidoping legislation and their ethically salient features in terms of: notions of culpability, liability and guilt; aspects of potential duplication of punishments and the limitations of athlete privacy in antidoping practice and policy. It is noted that tensions still exist between legal and ethical principles and norms that require further critical attention.

The ?values of sport? is a concept that is often used to justify actions and policies by a range of agents and agencies from coaches and teachers to governing bodies and educational institutions. From a philosophical point of view, these values deserve to be analysed with great care to make sure we understand their nature and reach. The aim of this paper is to critically examine the values carried by the educational conception of sport that Pierre de Coubertin developed and to see how they relate to certain values in the philosophy of Friedrich Nietzsche. To be able to understand in depth the moral construct of de Coubertin's system, it is essential to delve into the entire system he builds in order to develop athletic participants closer to his ideal of what a human should be. This in turn rests on his conception of Man, which is comprised of body, spirit and character. An understanding of his structure opens the way to a broader awareness of de Coubertin's educational system, of which sport was only part. We will then see that the values are a consequence of this pedagogical search for the ideal human. It is argued that this ideal of a human is similar to the one described by Nietzsche as the Übermensch . A philosophical case study is conducted, taking as its object the story of the first recipient of the Pierre de Coubertin medal, which rewards fair play among Olympic competitors. Judging the story through Nietzschean eyes allows for his thoughts to be put into practice. His lesser-known texts such as Homer and Competition on the emulation of creative powers shed light on today's sports. Concepts such as guilt, excellence, will to power and effectiveness help us compare these two authors and understand that competition is not necessarily about dominating others, but more about generating human excellence

There are few, if any, aspects of contemporary sport that do not raise ethical questions. From on-field relationships between athletes, coaches and officials, to the corporate responsibility of international sports organizations and businesses, ethical considerations permeate sport at every level. This important new collection of articles showcases the very best international scholarship in the field of sports ethics, and offers a comprehensive, one-stop resource for any student, scholar or sportsperson with an interest in this important area. It addresses cutting-edge contemporary themes within sports ethics, such as gene doping, as well as introducing classic ethical debates that define our understanding of sport, sporting conduct and sport in practice. _The Ethics of Sports_ is arranged into seven thematic sections, each of which includes an introduction by the editor that highlights the key themes and places each article in context, and offers suggestions for further reading. _The Ethics of Sports _sheds new light on a wide range of issues within contemporary sports studies including doping, disability, gender and ethnicity; the practice of physical education and sports coaching; sports media; sports business and sports medicine. It is essential reading for all students with an interest in sport or applied ethics