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. (shrink)

The anti-doping policies of the World Anti-Doping Agency (WADA) aim to promote a level playing field and protect the health of the athlete. Anti-doping policy discourages research using performance enhancing drugs (PEDs) or methods and prohibits athlete support personnel, including healthcare providers, from providing advice, assistance, or aid to an athlete or others seeking to use, or using PEDs until harm has occurred. Athletes are individually responsible for the presence of a prohibited substance in (...) their bodies and face sanction regardless of knowledge or intent. I will argue (i) that WADA policies fail to meet the epistemic and control conditions needed to adequately assign individual responsibility and (ii) that transferring responsibility for use of PEDs solely to the athlete results in harm. WADA is drifting perilously close to the morally impermissible ‘doing of harm’ to athletes by initiating or sustaining a causal sequence of events that can result in harm. (shrink)

This paper discusses three questions concerning the ethics of performance enhancement in sport. The first has to do with the improvement to policy and argues that there is a need for policy about doping to be re-constituted and to question the conceptual priority of ‘anti’ doping. It is argued that policy discussions about science in sport must recognise the broader context of sport technology and seek to develop a policy about ‘performance’, rather than ‘doping’. The second (...) argues that a quantitative enhancement to a sporting performance has no value and is, thus, unethical, unless the motivation behind using it implies something meaningful about being human. Thus, unless the use of the technology is constitutive of our humanness, then it is not a justifiable method of altering (rather than enhancing) performance. This rules out the legitimacy of using performance enhancement to gain an advantage over other competitors, who do not have access to similar means. Finally, the third argument claims that sport ethics has had only a limited discourse and has failed to recognise broader theoretical ideas in relation to performance modification, which might be found in the philosophy of technology and bioethics . Collectively, these positions articulate important concerns about the role of science in sport and the ethical discussions arising from them. (shrink)

The anti-doping policy of the Gay Games offers an interesting exemplification of the treatment–enhancement distinction. Some Gay Games athletes require steroids to deal with the effects of HIV or for sexual reassignment, and the practice community had to negotiate coordinating conventions with regard to steroid use that remained committed to the deeper conventions of Gay Games sport. This paper will investigate the way that this policy emanated from the type of participatory social practice community that would be necessary (...) for any sport to challenge the anti-doping fundamentalism within contemporary sports. (shrink)

Current anti-doping in competitive sports is advocated for reasons of fair-play and concern for the athlete's health. With the inception of the World Anti Doping Agency (WADA), anti-doping effort has been considerably intensified. Resources invested in anti-doping are rising steeply and increasingly involve public funding. Most of the effort concerns elite athletes with much less impact on amateur sports and the general public.

This article argues that Bowers and Paternoster’s emphasis on a moral community marks an important step towards a more ethical and effective approach to anti-doping. However, it also argues that the authors’ proposed strategies undermine their stated goal of effectively engaging athletes as partners in anti-doping efforts and raise ethical concerns. Their proposed emphasis on exploiting shaming as a punishment and their general view of athletes as adversaries fosters mistrust between athletes and those who enforce the (...) anti-doping rules. Instead, this article describes a model for empowering athletes as stakeholders in anti-doping policy as a means to provide anti-doping rules with increased moral legitimacy among athletes. (shrink)

One of the claims sometimes advanced in favour of anti-doping is that allowing doping would lead to a uniform increase in performance in comparison to no doping. The idea is that if all athletes wo...

Zusammenfassung Nach dem Ende des Kalten Krieges kam es über Ländergrenzen hinweg zu internationalen Initia­tiven gegen Doping, an deren Ende 1999 die Gründung einer unabhängigen, sowohl vom Sport als auch den Regierungen getragenen Welt Anti-Doping Agentur, der WADA, stand. Grundlage dieses vermehrten Engagements der Politik war das über Jahrzehnte erkennbare Versagen des organisierten Sports, einer wachsenden Verbreitung von Doping effizient entgegenzutreten. Im Ergebnis führte dies zu einem fundamentalen Wandel des Verhältnisses zwischen Sport und Politik: Die Politik (...) ge­wann Einfluss in bisherige Domänen des Sports. In Deutschland führte die Gründung der WADA zu einer Umstrukturierung der Anti-Dopingpolitik. Maßgebliches Ziel der NADA-Gründung 2002 war die Zentralisierung von Anti-Dopingmaßnah­men in einer Organisation, die von Sport und Staat unabhängig sein sollte. Die Bundesregierung hielt jedoch an ihrer Grundposition fest, die Dopingbekämpfung dem organisierten Sport zu über­antworten und selbst nur im Rahmen der ihr durch völkerrechtliche Verträge auferlegten Gewähr­leistungsverantwortung tätig zu werden. Wiederholt aufkommenden Debatten über ein deutsches Anti-Dopinggesetz stand sie ablehnend gegenüber; sie beschränkte sich auf Verschärfungen des Arzneimittelrechts. (shrink)

Volume 13, Issue 2, May 2019, Page 259-265.

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. (shrink)

As the World Anti-Doping Code is up for revision, the paper proposes a framework for reading the Code based on a relatively literal approach and an almost exclusive focus on the ?spirit of sport? as a key element of the Code. The author argues that this single element can contribute to revealing the underlying rationale of the Code, as it serves to justify bans of doping substances and methods, in some cases without recurring to evidence sustaining the (...) claims made. For a substance/method to be banned, the Code requires that two out of three criteria be met: performance enhancement, health risk and the spirit of sport. The paper demonstrates how these provisions link to other parts of the Code, (under the rules of the Code 2009) in the absence of performance-enhancing properties combined with a health risk. The paper draws implications from these findings regarding terminological (im)precision, legal certainty/predictability, transparency/accountability, limits to arbitrary exercise of power and internal/external validity. (shrink)

There is currently much concern over the use of pharmaceuticals and other biomedical techniques to enhance athletic performance—a practice we might refer to as doping. Many justifications of anti-doping efforts claim that doping involves a serious moral transgression. In this article, I review a number of arguments in support of that claim, but show that they are not conclusive, suggesting that we do not have good reasons for thinking that doping is wrong.

Doping poses a threat to sport worldwide. Studies have revealed that, in addition to elite athletes, amateur and recreational sportsmen and sportswomen are making increasing use of performance-enhancing drugs. Worryingly this trend has been documented among young people. Anti-doping efforts seeking to deter elite athletes from doping through detection of the use of prohibited substances are costly and have not been completely effective either at the top-level or the amateur/recreational level. A thoughtful education program, inspired by (...) honesty and respect, might be more effective in shaping attitudes towards doping in young people and protecting their health. For these reasons, the Italian “Lotta al Doping” (Fight Against Doping) project sought to cause a cultural shift in young people by taking anti-doping seminars to high schools. In the 2017-2018 school year we reached more than 20,800 students from 157 high schools through 202 seminars. Before and after the seminars, we administrated anonymous, voluntarily completed surveys with a set of questions (items = 15), taken from the WADA-Play-True-Quiz. Upon completion of the 2-hour seminar, the majority of the answers given by the students resulted correct (13 out of 15 items, p<0.000001, McNemar) confirming the value of the initiative. This project stands out as promising in the doping prevention process at the youth and amateur levels. (shrink)

Background: Doping has been a prominent issue for the sport of athletics in recent years. The endurance disciplines, which currently account for 56% of the global anti-doping rule violations in athletics, appear to be particularly high risk for doping.Objective: Using this high-risk, high-pressure context, the main purpose of this study was to investigate the human impact of doping and anti-doping on “clean” athletes. The secondary aim of the study was to better understand the (...) reasons for, and barriers to, competing “clean” among this group of athletes.Method: Semi-structured interviews were conducted with 11 elite distance runners from the UK to explore: the reasons and motivations for competing clean. Perceptions of the anti-doping system, and experiences of being part of that system. Views on the prevalence and causes of doping and the impact of doping on the lives of clean athletes. The interviews were audio-recorded, transcribed verbatim, and analysed using Reflexive Thematic Analysis.Results: Four major themes were identified: The participants in this study have not been tempted to use prohibited substances or methods; they compete in their sport for the personal satisfaction of seeing how good they can be, rather than in pursuit of winning at all costs. Anti-doping does not currently prevent doping effectively and is not implemented evenly across the globe. Doping was perceived as a major issue and was felt to be borne out of certain sporting cultures in which doping is enabled. Doping has impacted the careers of clean athletes in irreversible ways and presents a continuing challenge to the psychological preparation for competition.Conclusions: Clean athletes suffer negative consequences from both doping and anti-doping. ADOs must collaborate across borders to ensure a more even implementation of anti-doping activities, to facilitate a more level playing field on the global stage. ADOs must also acknowledge the existence of a large group of athletes who would never consider deliberately doping and make anti-doping work for these athletes too. (shrink)

In the ethical discussion of anti-doping, a number of normative arguments rely on empirical premises. The truth of these premises, however, often remains unverified. This article identifies several...

Summary This paper reports on the perspectives of elite athletes on anti-doping work in general and on the whereabouts system in particular, and uses a figurational perspective to explore the unintended consequences of the planned introduction of the whereabouts system. A cross-sectional survey of all the athletes in the Norwegian registered testing pool was carried out in 2006, using a structured questionnaire. Overall, 70.6% of the athletes agreed that doping was a problem in elite sport in general, (...) but paradoxically only 17.5% agreed that doping was a problem in their own sport. However, more than four in ten of the athletes agreed that the whereabouts information system made a contribution to a “cleaner” sport. Some athletes thought the system was unfair. The whereabouts information system had, despite all good intentions, outcomes other than those planned and intended by the WADA. Thus, athletes’ views might fruitfully be integrated with other perspectives when anti-doping work is developed further. (shrink)

This paper explores a redescription of ‘fair play’ as loyalty. Focusing on the context of elite sport and the case of anti-doping, the paper develops an adaptation of Richard Rorty’s call to dispen...

The current World Anti-doping Code can be characterised as a tough approach to doping. In this paper we investigate how the World Anti-Doping Agency justifies this tough approach. To this end, WADA advances two justificatory arguments. It maintains, first, that protection of the spirit of sport warrants tough measures and, second, that athletes have voluntarily consented to the Code. We argue that in the way they are presented by WADA, neither of these arguments can withstand (...) scrutiny. In the second part of the paper, we go on to show that these arguments are in fact ideological in nature. The specific aim of these arguments is not to be correct, but rather to distort social reality, because in this way they can be used to ward off any critical discussion of the Code. We conclude that WADA’s interest is to create a façade of justice, not in serving justice itself. (shrink)

There is increasing interest in using neuro-stimulation devices to achieve an ergogenic effect in elite athletes. Although the World Anti-Doping Authority does not currently prohibit neuro-stimulation techniques, a number of researchers have called on WADA to consider its position on this issue. Focusing on trans-cranial direct current stimulation as a case study of an imminent so-called ‘neuro-doping’ intervention, we argue that the emerging evidence suggests that tDCS may meet WADA’s own criteria for a method’s inclusion on its (...) list of prohibited substances and methods. We begin by surveying WADA’s general approach to doping, and highlight important limitations to the current evidence base regarding the performance-enhancing effect of pharmacological doping substances. We then review the current evidence base for the safety and efficacy of tDCS, and argue that despite significant shortcomings, there may be sufficient evidence for WADA to consider prohibiting tDCS, in light of the comparable flaws in the evidence base for pharmacological doping substances. In the second half of the paper, we argue that the question of whether WADA ought to ban tDCS turns significantly on the question of whether it is compatible with the ‘spirit of sport’ criterion. We critique some of the previously published positions on this, and advocate our own sport-specific and application-specific approach. Despite these arguments, we finally conclude by suggesting that tDCS ought to be monitored rather than prohibited due to compelling non-ideal considerations. (shrink)

D’Angelo and Tamburrini invited readers to consider doping in sport as a health issue and dopers as potential addicts who need therapy rather than offenders who need punishing. The issue of addiction in sport is important and very much under researched. In this essay I explore the extent to which addiction can be justifiably used as an excuse for offending behaviour. The favoured argument is that addicts experience a craving or compulsion to use over which they have no control. (...) I argue that there is insufficient evidence that addicts experience such compulsion. Although it seems science is unravelling some of the mysteries of addiction, it has not provided sufficient evidence that addictive consumption amounts to compulsive use. Nevertheless, it is clear that addicts do have difficulty with controlling their use and such difficulties ought to be considered in any judgements about moral responsibility. This does not mean that rules or laws including anti-doping legislation should be altered because not all.. (shrink)

Over every and each sport event, a dark veil spreads and obfuscates the celebration: doping. Although anti-doping policies have been widely applied, controlling and diminishing this phenomenon has not been achieved yet and the use of doping is commonplace. In this article, I propose the concept of narcissistic civilization as a tool to interpret this phenomenon. I seek for a parallel reading between the Freudian idea of narcissism and its extension to social narcissism by Fromm, together (...) with Heidegger’s analysis of technology, keeping in mind that doping is a technological application. In this way I point out that both theories share a common view in that humans tend to fail in the distinction between the external reality as an object and their own self as the interpreter, that is between the ¨I¨ and the ¨not I¨. By making this fusion of the two theories that originate from different intellectual traditions, I aspire to provide an interpretation tool for the broad use of doping: I conclude that doping can be understood with the assumption of a narcissistic civilization, focused on technology, that calls for the use of PEDs. (shrink)

Over every and each sport event, a dark veil spreads and obfuscates the celebration: doping. Although anti-doping policies have been widely applied, controlling and diminishing this phenomenon has not been achieved yet and the use of doping is commonplace. In this article, I propose the concept of narcissistic civilization as a tool to interpret this phenomenon. I seek for a parallel reading between the Freudian idea of narcissism and its extension to social narcissism by Fromm, together (...) with Heidegger’s analysis of technology, keeping in mind that doping is a technological application. In this way I point out that both theories share a common view in that humans tend to fail in the distinction between the external reality as an object and their own self as the interpreter, that is between the ¨I¨ and the ¨not I¨. By making this fusion of the two theories that originate from different intellectual traditions, I aspire to provide an interpretation tool for the broad use of doping: I conclude that doping can be understood with the assumption of a narcissistic civilization, focused on technology, that calls for the use of PEDs. (shrink)

The use of performance-enhancing drugs is a significant problem in sport. It cheats clean athletes of their hard-earned rewards from perfecting their skills though dedication and hard work. It defrauds fans by substituting a distorted playing field for a true competition. Anti-doping agencies have been charged with enforcing drug policies, primarily through the use of drug testing programs. We propose that drug testing, while important, is not sufficient to achieve deterrence. Engaging the principles of perceptual deterrence and development (...) of a moral community of athletes can greatly enhance compliance with rules. (shrink)

In this article, our aim is to show why increasing the effectiveness of detecting doping fraud in sport by the use of artificial intelligence (AI) may be morally wrong. The first argument in favour of this conclusion is that using AI to make a non-ideal antidoping policy even more effective can be morally wrong. Whether the increased effectiveness is morally wrong depends on whether you believe that the current antidoping system administrated by the World Anti-Doping Agency is (...) already morally wrong. The second argument is based on the possibility of scenarios in which a more effective AI system may be morally worse than a less effective but non-AI system. We cannot, of course, conclude that the increased effectiveness of doping detection is always morally wrong. But our point is that whether the introduction of AI to increase detection of doping fraud is a moral improvement depends on the moral plausibility of the current system and the distribution of harm that will follow from false positive and false negative errors. (shrink)

Assume that neuro-doping is safe and efficient. This means that the use of it, and similar future safe methods of enhancement in sport, may help those who are naturally weak to catch up with those who are naturally strong and sometimes even defeat them. The rationale behind anti-doping measures seem to presuppose that this is unfair. But the idea that those who are naturally strong should defeat those who are naturally weak rests on a fascistoid ideology that (...) sport had better leave behind. Neuro-doping may be seen as a means to undermine the fascistoid notion of fairness. The conjecture is that, given that society adopts what will be characterized as a policy of biological egalitarianism, this will happen. Then people will compete in society in general and in sport in particular on more equal biological terms. The fascination with natural strength, and the cheering for the winners, can then go away. Instead we see a liberated sport where we take part in it for the sheer fun of doing so. Neuro-doping, and similar techniques, may be a means that helps to liberate elite sport from its perverse view of fairness. (shrink)

Assume that neuro-doping is safe and efficient. This means that the use of it, and similar future safe methods of enhancement in sport, may help those who are naturally weak to catch up with those who are naturally strong and sometimes even defeat them. The rationale behind anti-doping measures seem to presuppose that this is unfair. But the idea that those who are naturally strong should defeat those who are naturally weak rests on a fascistoid ideology that (...) sport had better leave behind. Neuro-doping may be seen as a means to undermine the fascistoid notion of fairness. The conjecture is that, given that society adopts what will be characterized as a policy of biological egalitarianism, this will happen. Then people will compete in society in general and in sport in particular on more equal biological terms. The fascination with natural strength, and the cheering for the winners, can then go away. Instead we see a liberated sport where we take part in it for the sheer fun of doing so. Neuro-doping, and similar techniques, may be a means that helps to liberate elite sport from its perverse view of fairness. (shrink)

This paper problematises the ethics of genetic modification (GM) in sport by outlining the perspectives of four organisations which have recently spent time considering the subject: the International Olympic Committee, the World Anti-Doping Agency, the United States President’s Council on Bioethics, and the Australian Law Reforms Commission. The paper outlines scientific developments in genetic research, which might make realisable the genetic engineering of athletes. Subsequently, an overview of the varied perspectives of the four organisations is given, by articulating (...) the moral discourses which is present through each. Various arguments are recognised as having importance in reaching a conclusion about whether GM in sport should be legal or not. In particular, these arguments comprise concerns about safety, fairness, and moral character. It is suggested that reflective bioethical investigations can assist the development of a coherent ethical policy about genetics in sport, by informing sports ethics with a rich basis of literature dealing with such central concepts as personhood, autonomy, and humanness. In conclusion, it is argued that sport ought not approach GM in a comparable manner to how it has approached doping, as GM entails a much wider breadth of ethical implications, often unrelated to sport. (shrink)

The most plausible line of anti-doping argumentation starts with the fact that performance enhancing substances are harmful and put at considerable risk the health and the life of those who indulge in the overwhelming promises these substances hold. From a liberal point of view, however, this is not a strong reason neither to morally reject doping altogether, nor to put a blanket ban on it; on the contrary, allowing adult, competent and informed athletes to have access to (...) performance enhancement drugs is often showcased as a liberty-related right of noninterference. In this article I will first discuss doping from the liberal point of view, especially in the light of the harm principle as it was introduced by Mill and elaborated by his successors, most notably by Joel Feinberg. Then I will examine whether – and to what degree – one’s decision to receive performance enhancement drugs would mean to use humanity in one’s own person only as a means, which would be self-defeating in the light of Kantian ethics. From this I will move one step backwards to what I consider as the core question concerning the ethics of doping, the one that is logically prior to any other in my view, and concerns the consistency of the thesis that doping may be compatible with sport. I will argue that there is an inherent logical antinomy between doing sport and using performance enhancement drugs, one that presents any argumentation in favor of doping as essentially self-contradictory. (shrink)

The formation of the World Anti-Doping Agency in 1999 was spurred by the 1998 revelation of widespread use in professional cycling of erythropoietin. The drug was supposedly a real danger. The long-term consequences were unknown, but rumor said it made athletes’ blood thick as jam with clots and other circulatory fatalities likely consequences. Today the fear of EPO has dampened. However, new scientific avenues such as ‘neuro-doping’ have replaced EPO as emergent and imagined threats to athletes and (...) to the integrity of sport. In this paper, we analyze the alleged threat from ‘neuro-doping’ in the following steps: First, we outline an understanding of ‘neuro-doping’ in a narrow sense, which we then put into context by looking at the phenomenon in a broader sense. Second, we highlight examples of societal perceptions of sport and science in order to shed light on where the concern for ‘neuro-doping’ comes from. Third, we address the more general fear of technology as a root for this concern. Fourth, we examine the evidence for the performance enhancing capacities of ‘neuro-doping’, where after we look at the obstacles for a ban on this technology. We conclude the analysis by stating that at present ‘neuro-doping’ cannot be considered a threat to the integrity of sport. Finally, however, we put this conclusion into perspective by examining what the most reasonable response would be if in the future neuro-stimulation techniques becomes an effective performance-enhancing mean in sport. (shrink)

This paper describes the construction of the visual space of surveillance by the global anti-doping apparatus, it is a space inhabited daily by professional cyclists. Two principal mechanisms of this apparatus will be discussed—the Whereabouts System and the Biological Passport; in order to illustrate how this space is constructed and how it visualises the invisible act of doping. These mechanisms act to supervise and govern the professional cyclist and work to classify them as either clean or dirty (...) in terms of the use of prohibited doping substances or methods. Contrary to the analysis of liberal anti-doping scholars such as Hanstad, Loland and Møller this paper argues that Foucault’s Panopticon paradigm is a useful tool for the analysis of this apparatus. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclist’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. The Whereabouts System and Biological Passport are the instruments by which the anti-doping apparatus intensifies the construction of the space of surveillance in professional sport. This space of surveillance not only locates and makes visible the physical location of each individual cyclist, but it also makes visible their internal bodily functions, in this case the composition and the fluctuations of the composition of their blood. In making the cyclist visible the instruments do not allow the cause of doping, or the event of doping to be known or observed. Rather what they do is cast the body in terms of abnormalities of time, place or blood. In the case of an abnormality of the cyclists’s blood, the cause itself cannot be identified with any certainty, all that is made visible is a suggestion, or a probability, that doping may have occurred. The ultimate effects are twofold—an internalisation and continual monitoring of one’s self as well as by the authorities, and a radical change in the nature and the definition of the offence of doping. No longer is it positive evidence of doping that is punishable, but what becomes punishable is an abnormality, in the cyclist’s location, or their body, which suggests a probability that the invisible act of doping may have occurred. In the course of this process accepted manners of proving an offence by the use of scientific evidence and expert commentary are transformed. The Whereabouts System and the Biological Passport open up a new manner in which the invisible can be visualised. Through the discourse and the attendant commentary of the expert a new alliance between doping and the law is constructed. The result is a redistribution of the way in which the law visualises and treats the symptoms (the signifier) and the signified act of doping. (shrink)

Apart from a short clarification of what neuro-doping is, the aim of this article is twofold. First to give a few reasons in favour of having a special issue on neuro-doping. Second to present an overview of the articles in this issue. One reason for having this special issue, is that it needs to be established whether methods such as transcranial direct-current stimulation should be added to World Anti-Doping Agency’s prohibited list or not, as it is (...) currently under discussion by WADA. Another reason for dealing with the ethics of neuro-doping is that ethical analysis of the use or possible use of neuro-doping in sport is a neglected subject. This issue cover a wide range of ethical analyses of the use of neuro-doping among athletes, chess players, e-gamers and even couch potatoes. For example, whether tDCS ought to be prohibited by WADA and/or the state; or whether its use ought to be promoted by the state; whether the use of neuro-doping is unfair; or whether it should be allowed for businesses to advertise high-sugar, high-caffeine beverages to youngsters. (shrink)

In this article, we examine scholarly analyses of justice and develop a framework that can help assess the claims from the parties in the Russian state-led doping scandal, including, but not limited to, Russian athletes, non-Russian athletes, the World Anti-Doping Agency, and sport governing bodies. The two key components of this justice framework are pluralism and relationality/contextuality. We argue that a justice framework built upon these elements better captures the nature of justice. We conclude that no party (...) in the Russian state-led doping case has exclusive access to justice. Rather, all the parties have legitimate calls for justice against one another. Thus, the administration of justice will fail to serve justice, in its different meanings, for all parties. (shrink)

We propose that doping be legalized under medical supervision. First, we discuss two motivations for allowing medically supervised doping. We reject the ‘compromised choice/harm minimization’ motivation as unlikely to win the support of athletes. We agree that it could lead to an arms race. Instead, we favor full acceptance of doping under medical supervision and answer Reid’s spirit of sport objection to medical manipulation. After presenting a set of guiding principles, we use them to answer the arms (...) race objection and rebut one of the most prominent objections in the literature about the safety of medically supervised doping, the game-theoretic objection. (shrink)

In Testing for Athlete Citizenship: Regulating Doping and Sex in Sport, Kathryn E. Henne provides ‘a genealogical account of anti-doping regulation by questioning the meanings we take from sport’ (...

The aim of this article is to present and critically discuss a game-theory-based argument in favour of the view that sports organizations ought to ban the use of performance-enhancing drugs in sport. After presenting the argument in detail, I try to show that the argument is not convincing. First, the argument cannot be used to argue in favour of WADA’s (World Anti-Doping Agency) current ban on doping, at least if it rests on the assumption, that doping (...) use is always harmful. However, that in itself may not be a problem for adherents of the argument, and they can and should modify the harm assumption to cover only harmful use of doping. Second, even with this modification, it is argued that the harm assumption is flawed, for example, because it is not obvious why we should accept certain harms in sport but not harm to athletes caused by doping. Third, the argument is also flawed because it entails the non-competitive assumption: if all athletes dope, then no competitive advantages are gained by any athletes assumptions. The non-competitive assumption is challenged in view of the observations that doping can have some non-competitive advantages and is, so to speak, not only a positional good and because doping, due to unequal responsiveness, can give some highly responsive athletes a competitive advantage over less responsive athletes. (shrink)

The aim of this article is to present and critically discuss a gametheory- based argument in favour of the view that sports organizations ought to ban the use of performance-enhancing drugs in sport. After presenting the argument in detail, I try to show that the argument is not convincing. First, the argument cannot be used to argue in favour of WADA’s (World Anti-Doping Agency) current ban on doping, at least if it rests on the assumption, that (...) class='Hi'>doping use is always harmful. However, that in itself may not be a problem for adherents of the argument, and they can and should modify the harm assumption to cover only harmful use of doping. Second, even with this modification, it is argued that the harm assumption is flawed, for example, because it is not obvious why we should accept certain harms in sport but not harm to athletes caused by doping. Third, the argument is also flawed because it entails the non-competitive assumption: if all athletes dope, then no competitive advantages are gained by any athletes assumptions. The noncompetitive assumption is challenged in view of the observations that doping can have some non-competitive advantages and is, so to speak, not only a positional good and because doping, due to unequal responsiveness, can give some highly responsive athletes a competitive advantage over less responsive athletes. (shrink)

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. (shrink)

Because doping is becoming more and more of a problem in elite sports, anti-doping and prevention programs are receiving more attention. However, current doping prevention programs that primarily involve pedagogical education in youths have not been shown to be very effective. In sports philosophy there is a discourse about ethics and morality in sports in connection with doping. So far, however, the aspect of ethics has been neglected in anti-doping prevention programs. This article (...) discusses a new approach to doping prevention for young athletes and a way to improve conventional doping prevention by focusing on the process of decision-making. The article argues that ethical decision-making programs based on ethical training programs developed in business offer a large potential for prevention programs in sport. The article concludes with a presentation of training possibilities for ethical decision-making in connection with doping. (shrink)