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7Redefining the Nature and Purpose of Sport: Transgender Women’s InclusionFair Play 26 (1): 79-98. 2024.This article critically examines the evolving policies surrounding the inclusion of transgender women in women’s sports categories, with a focus on the International Olympic Committee’s (IOC) framework. The author highlights the implications of prioritizing inclusion over fairness, arguing that the fundamental value of fairness in sports is compromised when male-bodied athletes compete in female categories. Through a detailed analysis, the article explores the role of categorization in preservin…Read more
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121Is sport a human right (for transgender athletes)?Sport, Ethics and Philosophy 19 (1): 1-13. 2024.Over the last decades we have witnessed a proliferation of new human rights claims (e.g. the ‘human right’ to internet access) . But Milan Kundera (1991) reminds us that not all desires are human rights. Trans women athletes (and their supporters) often claim that there is a human right to sport and they derive a further ‘human right’ from this: the right to compete in the sex category with which they identify (i.e. the female category). The purpose of this article is to critically assess thes…Read more
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10Subverting the Rules in SportMovimento 30 (Jan-Dec): 1-11. 2024.What does it mean to subvert the rules? One way of doing so is to interfere with or curb the display of skill of your opponent by a) breaking the rules deliberately and openly or b) by acting contrary to the idea of sportspersonship. In both instances you violate the norm that displaying/exercising your game-related skills is central for a good contest. In the former you incorporate the penalty rules into the playing rules, i.e. you act as if breaking the rules is part of playing the game. In th…Read more
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20Trapped in the Trans Experience: What Mary Couldn’t KnowJournal of Controversial Ideas 4 (2): 1-29. 2024.Background: Having colonised the social role ‘woman’, and entering female-only spaces, there is one bastion of womanhood left which has always been closed off to men who claim to be women: the inner life, the phenomenology of inhabiting a female sexed body. This bastion has come under attack; trans women claim that they ‘feel like a woman’ or that they are ‘a woman inside’. The aim of this essay is to assess such claims. The appropriation of ‘womanhood’ by males leads to the sidelining of women…Read more
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79Was ist die Jurisprudenz des Sports?Spoprax 1 (4): 241-245. 2024.Seit 2018 regt sich im anglo-amerikanischen Raum vermehrt das Interesse, Sport als quasi-rechtliches Regelsystem zu untersuchen. Man geht davon aus, dass die Probleme und Lösungen in Sportsystemen den Vergleich mit Rechtssystemen erlauben. Tagungen, Aufsätze und Bücher zum Thema „Jurisprudence of Sport“ deuten darauf hin, dass hier ein neuer Forschungsbereich entsteht. Dieser Beitrag bietet eine Einführung in die Thematik.
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19Inclusion, Eligibility and ForfeitureAnalítica 4 (October): 127-138. 2024.One of the buzzwords of today is ‘inclusion’. But the idea that everyone should be ‘included’ is a mistake, thoughtlessly reproduced by many. This holds in the private sphere, as well as in the institutional settings of the public sphere. There is very little conceptual analysis of the term, although there is plenty of literature on ‘social inclusion’ and the political vision of including the marginalized. My aim is to show that there are constraints on inclusion – particularly in institutional …Read more
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192Review: Justice for Trans Athletes (review)Nordic Sport Science Forum 1 (1): 1-10. 2023.The book consists of 11 chapters which are grouped into three parts: I. Trans Inclusion; II. Trans Rights; III. Media Complicity in Trans Exclusion. I will discuss the chapters in parts I and II in detail. Part III might be of interest to students of media, but the papers are not directly relevant for policy decisions about trans inclusion.
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151When Ideology Trumps Science: A response to the Canadian Centre for Ethics in Sport’s Review on Transwomen Athletes in the Female CategoryIdrottsforum - Nordic Sports Science Forum 11 1-18. 2022.The recently published ‘Scientific Review’ by the Canadian Centre for Ethics in Sport about transwomen’s participation in female sport doesn’t deserve its name; it is wholly unscientific. This publication follows a familiar pattern. The body is not important anymore when it comes to categorisation and eligibility in sport; instead, it’s all about a psychological phenomenon: gender identity. This side-lining of the body (which makes the side-lining of female athletes and the inclusion of male-bor…Read more
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26Robert Simon and the Morality of Strategic FoulingSynthesis Philosophica 34 (2): 359-377. 2019.As sports have become more professional, winning has become more important. This emphasis on results, rather than sporting virtue and winning in style, probably explains the rising incidence of the Strategic Foul. Surprisingly, it has found some apologists among the philosophers of sport. The discussion of the Strategic Foul in the literature has produced subtle distinctions (e.g. Cesar Torres: constitutive skills versus restorative skills) as well as implausible distinctions (e.g. D’Agostino: ‘…Read more
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341Robin Dembroff (Real Talk about the Metaphysics of Gender, 2018) believes that ‘non-binary’ is a social kind. I have my doubts about this, but if it is a social kind, then it is a very special one. The membership conditions of the social kind ‘non-binary’ are only accessible to non-binary persons. They establish and police their own membership conditions (Dembroff 2018: 36f.): ‘Individuals are granted authority over their gender kind membership.’ So, if this is indeed a ‘social kind’, then it is…Read more
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18Sport, Law and Philosophy: The Jurisprudence of Sport (edited book)Routledge. 2023.This book discusses the intersection of law and sport and highlights its usefulness to both legal scholars and philosophers of sport. 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.
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317IntroductionIn Miroslav Imbrisevic (ed.), Sport, Law and Philosophy: The Jurisprudence of Sport, Routledge. 2023.
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193Transgender Athletes and Principles of Sport Categorization: Why Genealogy and the Gendered Body Will Not HelpSport, Ethics and Philosophy 17 (1): 21-33. 2021.This paper offers a discussion of the rationale for the creation of sports categorization criteria based on sporting genealogy and the gendered body, as proposed by Torres et al. in their article ‘Beyond Physiology: Embodied Experience, Embodied Advantage, and the Inclusion of Transgender Athletes in Competitive Sport’. The strength of their ‘phenomenological’ account lies in its complex account of human experience; but this is also what makes it impractical and difficult to operationalize. Cate…Read more
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659Patriarchy in Disguise: Burke on Pike and World RugbySport, Ethics and Philosophy 1 (1): 1-31. 2022.World Rugby (WR) announced in 2020 that transwomen should not be competing at the elite level because of safety and fairness concerns. WR and Jon Pike, a philosopher of sport advising them, adopted a lexical approach to get a grip on the three values in play: safety, fairness, and inclusion. Previously, governing bodies tried to balance these competing values. Michael Burke recently published a paper taking aim at Pike’s lexical approach. This is a reply to Burke.
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243Social Justice and Inclusion: Transwomen in Female SportIn Transwomen in Sport, . forthcoming.There are two conceptions of ‘inclusion’ in play in this debate. 1. The traditional conception in sport: How does sport provide inclusion/exclusion? Through eligibility criteria. 2. The social justice conception: trans people must be included in all social endeavours/institutions, one of these being sport. In the latter ‘inclusion’ facilitates affirmation and validation of their gender identity. The question is: should sport take on this ‘social justice’ task?
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668The Transgender Reader (edited book)Brighteye Publishing. 2023.This is a collection of essay on transgender issues: Law, Language, Sport, and Metaphysics. [3rd edition, extended and updated, 2023]
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27Introducing jurisprudence of sport to students of law and philosophy (review)Idrottsforum. 2022.The ‘jurisprudence of sport’ is a recent academic subject and still in its infancy. The term ‘jurisprudence of sport’ (JOS) was introduced in 2011 by Mitch Berman, one of the authors of the book. It is both an area of study and a method of study. Sport, understood as a system of rules, as a kind of legal system, is an area of study. Different sports, just like different legal systems, will sometimes present ‘competing’ solutions to a problem. As a method it can be fruitful to look at sport from …Read more
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212Both of Gettier's examples are not representative of situations in which we would claim knowledge – we do not use language in this way. Therefore, Gettier has not shown that justified true belief is insufficient for knowledge. I am not denying that there is a problem about the definition of knowledge. Several decades earlier, Russell dealt with this problem, using a stopped clock to illustrate it.
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93The Trangender Reader: Language, Law, Sport & RealityIn The Transgender Reader, Brighteye Publishing. pp. 1-64. 2023.Contents: 1. Testosterone is not the only Game in Town: The Transgender Woman Athlete 2. Queer Language Lessons: The Confusion over ‘My Pronouns’ 3. Legal Fictions: Changing Sex by Changing Gender 4. More than a Feeling: Rock Stars, Heroines and Transwomen 5. To Compete, or not to Compete, that is the Question: Which is Nobler for Transwomen Athletes? 6. The Power of Words 7. Feminism, Conceptual Engineering, and Trans Identit
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30Why Break the Rules – in Life and in Sport?Idrottsforum. 2020.In life there can be good reasons to break the rules. Some sports philosophers have suggested that this also holds for games. In this essay I will compare and contrast reasons for rule-breaking in life and in sports. Some of my focus will be on recent attempts to defend strategic fouling (by Eylon & Horowitz, Russell, and Flynn). Supporters of strategic fouling try to provide a philosophical underpinning for the practice, but they ignore the genealogy of such rule-violations. I will also discuss…Read more
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34Sporting Propaganda: The Language of Strategic FoulingIdrottsforum. 2020.Words don’t just describe the world; they change the world. We do things with words as John L. Austin (1975) has argued. But words can also change how we think about something. In this piece I wish to examine the everyday usage of words referring to strategic fouling, as it cuts across various languages. In some languages this rule-violation gave rise to figurative language after the practice became widespread. We find euphemisms but also dysphemisms, as well as evaluative language (whose purpos…Read more
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22Paying to Break the Rules: Compensation, Restitution and the Strategic FoulFairPlay 18 44-72. 2020.Some philosophers of sport have suggested that strategic fouling is acceptable if you pay full compensation. In this paper I will argue that the idea of ‘compensation’ is conceptually inadequate to deal with strategic fouling. Compensation is a legal remedy designed to make the victim of a wrong whole again, i.e. make good the loss or harm they have suffered. But compensation as the analogon between law and games is ill-conceived when applied to strategic fouling. I w…Read more
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25Max Ungar (1850-1930) was born in Boskovice, Moravia, and pursued an academic career in mathematics at Vienna University [Franz Brentano was one of his examiners]. His memoirs describe his escape from Orthodox Judaism into a century of high liberalism and the turning to science and knowledge and his failure to achieve the humanism that he was devoted to as a result of anti-Semitism. Although he wrote his memoirs chronologically, there is a recognisable leitmotif: on the one hand his escape from …Read more
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50Suits on Strategic FoulingSport, Ethics and Philosophy 13 (3-4): 307-317. 2019.Given Bernard Suits’ stature in the philosophy of sport, his take on strategic fouling, surprisingly, hasn’t been given much attention in the literature. Rather than relying on a purely empirical or ‘ethos’ approach to justify the Strategic Foul he provides a mixed justification. Suits’ account combines a priori and a posteriori elements. He introduces a third kind of rule, which appears to be unlike rules of skill or constitutive rules, into his conceptual scheme. Suits claims that it is someti…Read more
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32The Strategic Foul and Contract Law: Efficient Breach in Sports?Fair Play 12 69-99. 2018.The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral maze I will argue that the Strategic Fo…Read more
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327Radical and Marxist Theories of Crime, Lynch & Stretesky (Review) (review)Marx and Philosophy Review of Books 1 1-3. 2014.This collection of essays approaches the issue of crime from the perspective of criminology, which is traditionally concerned with the nature and causes of crime. Radical or Marxist criminology (RMC) became prominent in the late 60s. This strand of criminology is concerned with how class formation, class structure and crime are related. It is assumed that the motivation to commit crimes is not innate to individuals but is a result of social conditions. RMC’s most important premise is that the st…Read more
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437Carlos Nino's Conception of Consent in CrimeDiacritica 27 (2): 103-124. 2013.In this paper I discuss the nature of consent in general, and as it applies to Carlos Nino’s consensual theory of punishment. For Nino the criminal’s consent to change her legal-normative status is a form of implied consent. I distinguish three types of implied consent: 1) implied consent which is based on an operative convention (i.e. tacit consent); 2) implied consent where there is no operative convention; 3) “direct consent” to the legal-normative consequences of a proscribed act – this is t…Read more
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4707Why is (Claiming) Ignorance of the Law no Excuse?Review Journal of Political Philosophy 8 (1): 57-69. 2010.In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment needs to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The second premise expl…Read more
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836Gaunilo's Cogito ArgumentSt. Anselm Journal 1-7. 2007.Gaunilo presents Anselm with a dilemma in section 7 of his Responsio: I know most certainly that I exist. But If I cannot think my non-existence at the same time, then Anselm's claim in Proslogion 3 (that my inability to think God's non-existence, while knowing most certainly that He exists, is a unique property of God) would be false. If I can do so, however, then I should also be able to know most certainly that God exists and, at the same time, think his non-existence. I will show that Anselm…Read more
Miroslav Imbrisevic
Allen Hall
Open University (UK)