Sport, Law and Philosophy

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.

• List of Contributors Introduction MIROSLAV IMBRIŠEVIĆPART IFoundational Issues 1 The Jurisprudence of Sport: A Research Strategy MITCHELL N. BERMAN2 On the Game Contract ANDREAS VON ARNAULD3 Rules of the Game, Gaming the Rules BRUCE BAER ARNOLD4 The Overlap between State Law Systems and Sports Law Systems: The Case of Doping ANNA DI GIANDOMENICO5 Contra Legalist/Formalist Conceptions of Sport YUNUS TUNCELPART IISpecific Issues 6 A Hybrid Account of Legal Interpretation: Lessons from Philosophy of Sport ANTHONY KREIDER7 The Dual Function of Constitutional Rights in Lex Sportiva BODO P. BÜTZLER8 International Migration Law and Reforming ‘Change of Nationality’ Rules in Sport ALUN HARDMAN9 Re-thinking the ‘Juridification’ of Sport: Identifying the Cognitive Dimension STEVE GREENFIELD10 The Epistemic Limits of VAR JOSÉ LUIS PÉREZ TRIVIÑO11 Has VAR Ruined Football – And If So, Why? MAREN BEHRENSEN12 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. ROSS13 Equality and the Case of Women’s Sport PAM R. SAILORS14 The Jurisprudence of Strategic Fouling MIROSLAV IMBRIŠEVIĆIndex

"Miroslav Imbrišević’s smartly edited new collection of essays,□Sport, Law and Philosophy: The Jurisprudence of Sport, is a most welcome addition to the philosophy of sport literature. Its distinctive contribution in this regard is the jurisprudential perspective it brings to bear on that literature, in which legal concepts, principles, and problems that range from prices and sanctions, to legal interpretation of texts, to issues of adjudicatory discretion, figure prominently in the analysis of sport. What is most promising about this jurisprudential take on sport is not only the light it sheds on issues presently debated in the philosophy of sport such as tactical fouls and transgender athletes, but on the exploration and investigation of novel problems and issues in sport it makes possible that have so far eluded the notice, let alone the attention, of philosophers not steeped in the philosophy of law."William J. Morgan PhD, Annenberg School of Communication"This collection of essays is intellectually fascinating. It combines philosophical approaches with practical problems of different kinds of sports: doping, rules of sports, the importance of team play, VAR rules, among many others. A great introduction to a fantastic topic and a remarkable effort that would be recognized in the next few years."Gustavo Beade,Professor of Law/Universidad Austral de Chile"Imbrišević has put together an informative, enlightening, engaging, and well-balanced volume that simultaneously touches all the grounding topics of the philosophical examination of law and sport, and discusses the most teasing present issues such as VAR technology, 'change of nationality' rules, referee discretion, and strategic fouling. Beyond any doubt, we received a highly important contribution to the specialized field which instantly became an important piece of the literature." Matija Mato Škerbić, PhD, Assistant Professor, Department of Philosophy and Culture, University of Zagreb, Croatia“the beauty of an edited collection is that scholars can find the works that speak most directly to their research, and instructors can assign those texts most relevant to their courses. …those who enjoy the pleasure of reading this edition in its entirety will come away with a greater knowledge of philosophy, sport, law, and—potentially—the desire to contribute to JOS themselves.”Cam Mallett (17 Sep 2024): Sport, law and philosophy: the jurisprudence of sport, Sport, Ethics and Philosophy, DOI: 10.1080/17511321.2024.2402691"The book offers a fascinating insight into this emerging area and has some exciting approaches and case studies that will be of real interest to many readers. Sports law students will learn much form this, perhaps as an extra added gauze through which to view areas they have already considered, allowing for a better contextual understanding. Sports studies students will gain much too, offering as it does a unique and deep theoretical take on its specific areas. More broadly, it is an important statement that not only is sport to be taken seriously from a theoretical standpoint, but that philosophy can be applied, and usefully utilised, to help our understanding of sport."Guy Osborn, The jurisprudential turn in sports law | idrottsforum.org