In this paper, we examine the legal case involving the Court of Arbitration of Sport, the Union of European Football Associations, and the Turkish team Eskişehirspor to analyze the leg...

(1993). Why Olympic Athletes Should Avoid the Use and Seek the Elimination of Performance-Enhancing Substances and Practices From the Olympic Games. Journal of the Philosophy of Sport: Vol. 20, No. 1, pp. 64-81. doi: 10.1080/00948705.1993.9714504.

In the following article, it will be argued that there are at least four clusters of arguments generally proposed to justify banning doping in sport and that Simon’s contribution has been of a seminal nature to at least two of the clusters.

Current general restrictions on performance-enhancing drugs pose a collective action problem that cannot be solved and bring a variety of adverse consequences for sport. General prohibitions of PEDs are grounded in claims that they violate the integrity of sport. But there are decisive arguments against integrity of sport-based prohibitions of PEDs for elite sport. We defend a harm prevention approach to PED prohibition as an alternative. This position cannot support a general ban on PEDs, since it provides no basis for (...) prohibiting non-harmful PED use. We argue that a harm prevention approach to restricting PEDs is ethically justified, has better prospects of compliance, is consistent with respecting the integrity of sport, and holds at least a modest prospect of resolving the collective action problem around PED restriction. (shrink)

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 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)

A strong moral reason for prohibiting doping in sport is to be found in the bad choices that would be faced by clean athletes in a sporting world that tolerated doping. The case against doping is not, however, to be grounded in the concept of coercion. Instead, it is grounded in a general duty of sport to afford fair opportunity to the goods that are distinctively within sport's sphere of control. The moral reason to prohibit doping need not be balanced (...) against any autonomy claim of athletes who would prefer to dope because, upon closer examination, such claims have no force. The moral reason to prohibit doping does, however, need to be balanced against the enforcement costs imposed on all athletes by effective prohibition. (shrink)

En este artículo analizaremos el impacto que el libro de Alasdair MacIntyre Tras la virtud ha tenido en el ámbito de la filosofía del deporte. Nuestro punto de partida será que los filósofos del deporte han diferenciado entre propuestas internalistas y externa-listas del deporte siguiendo la distinción de MacIntyre entre bienes internos y externos a las prácticas sociales. Con el fin de mostrar si esta apropiación del lenguaje de MacIntyre es adecuada, responderemos a la pregunta de si el deporte actual (...) puede ser considerado una práctica social en sentido macintyreano. Defenderemos que sólo el deporte amateur encaja con la definición de “práctica social” de modo que nuestro deporte contemporáneo no puede ser considerado como tal. Según esto, defenderemos que, en tanto que el paradigma internalista y externalista es una consecuencia de la recepción de la obra de MacIntyre, la filosofía del deporte debe ir más allá de este paradigma dualista hacia uno que no esté fundado en los conceptos de práctica social y bienes internos del filósofo escocés. (shrink)

Current bans on sports and drugs rest on inadequate grounds. Prohibitions on drugs in sports should rely more on what it is permissible to ban, not on what "must" be banned. Further permissible prohibitions should enjoy democratic support at levels.

Scholars such as Simon (2007; 2004) and Loland (2002) as well as the authors of the World Anti-Doping Code (2001) argue that using performance-enhancing substances is unhealthy and unfairly coercive for other athletes. Critics of the anti-doping position such as Hoberman (1995), Miah et al. (2005) and Tamburrini (2007) are quick to argue that such prohibitions, even though well-intended, constitute an unjustifiable form of paternalism. However, advocates for both of these positions assume that preserving good health and, conversely, avoiding health-related (...) harms, lie at the centre of the debate. Given the apparent stalemate in the debate over the validity of health concerns on performance-enhancing drugs, in this essay, I investigate ethical issues of ‘harm-free’ pharmaceutical performance enhancement. Beginning with the hypothesis that a harm-free performance-enhancing drug may be produced in the future, I ask if there would still be compelling reasons for prohibiting such a drug. I address this question by providing two arguments against allowing athletes to use pharmaceutical performance-enhancing drugs – the damage to the testing and contesting of sport and the loss of internal goods that are intrinsically satisfying. These two arguments taken together, I argue, are sufficient to sustain the prohibition of pharmaceutical performance-enhancing drugs without citing their harmful side effects. (shrink)

(1984). Performance-Enhancing Drugs in Sport: The Ethical Issue. Journal of the Philosophy of Sport: Vol. 11, No. 1, pp. 23-28. doi: 10.1080/00948705.1984.9714410.

On May 15, 2006, 34 year-old mountaineer David Sharp died in a small cave a few hundred meters below the peak of Mount Everest in the aptly named “death zone”. As he lay dying, Sharp was passed by forty-plus climbers on their way to the summit, none of whom made an effort to rescue him. The climbers’ failure to rescue Sharp sparked much debate in mountaineering circles and the mainstream media, but philosophers have not yet weighed in on the issues. (...) This is surprising, since Sharp’s case raises interesting puzzles about the duty to rescue. Commonsense morality suggests that it was wrong for the climbers to put their summit bids ahead of saving a human life. But rescuing Sharp was extremely risky. If you and I are not required to assume significant risks to rescue others, why think the climbers had a moral duty to do this? My primary focus is on a new principle of rescue, which I dub the comparable risk principle, that has not been discussed in the duty-to-rescue literature. More generally, I explore the limits of the duty to rescue not just in Sharp’s case, but in relevantly similar high-risk environments common in action sports. (shrink)

A paradoxical attitude exists toward professional philosophy: philosophical inquiry is considered important and complex, but professionals are deemed irrelevant and unnecessary. This paradox doubly affects sport philosophy as evidenced by the field’s marginalization in higher education and sociopolitical discourse. To counter the sport philosophy paradox, I present a pragmatically oriented three-dimensional approach to inquiry that turns the field “inside-out”. A community of engaged, melioratively oriented sport philosophy inquirers in this 3D model collectively conducts theoretical, applied, and instrumental inquiry. Each dimension (...) is outlined in detail from a professional sport philosophy perspective, and implications are considered relative to the field’s future endeavors. (shrink)

This article presents philosophical-ethical arguments concerning the extent to which NCAA inter-collegiate football is a public good and some implausible implications of the claim that it constitutes a public good and ought to be publicly subsidized as part of a component of U.S. higher education generally as is currently the case. Underlying this main argument is one concerning who or what should have the responsibility for subsidizing the necessary costs of the sport, including its associated healthcare and medical costs.

We provide a new wrinkle to the Argument from Unfair Advantage, a rather popular one in the ethics of doping in sports discussions. But we add a new argument that we believe places the moral burden on those who favor doping in sports. We also defend our position against some important concerns that might be raised against it. In the end, we argue that for the time being, doping in sports ought to be banned until it can be demonstrated that (...) our concerns can be satisfied. (shrink)

Governing bodies such as the World Anti-Doping Agency (WADA) and the National Collegiate Athletic Association (NCAA) make decisions about which drugs to prohibit athletes from using and the dosage...