This paper is about when associations, and in particular associations that are part of the state, should be treated as legal persons. I distinguish two forms of association – those that render coherent the agency of their members and those that are group agents – and argue that only the latter should be treated as persons. Following this, I discuss the conditions under which associations that are part of the state can legitimately be group agents.

C. Thi Nguyen – the author whose new book, Games: Agency as Art, is the main provocation for co-editor John Russell and I putting together this special issue of the Journal of the Philosophy of Spo...

ABSTRACTAn essential and yet often neglected motivation of Bernard Suits’ elevation of gameplay to the ideal of human existence is his account of capacities along perfectionist lines and the function of games in eliciting them. In his work Suits treats the expression of these capacities as implicitly good and the purest expression of the human telos. Although it is a possible interpretation to take Suits’ utopian vision to mean that gameplay in his future utopia must consist of the logically inevitable (...) replaying of activities we conduct in the present for instrumental reasons, because gameplay for Suits is identical with the expression of sets of capacities specifically elicited by game rules, it is much more likely that he intends utopian gameplay to be an endless series of carefully crafted opportunities for the elicitation of special capacities, and thus embody his ideal of existence. This article therefore provides a new lens for understanding both... (shrink)

This paper explores the notion that business calls for an adversarial ethic, akin to that of sport. On this view, because of their competitive structure, both sport and business call for behaviours that are contrary to ‘ordinary morality’, and yet are ultimately justified because of the goods they facilitate. I develop three objections to this analogy. Firstly, there is an important qualitative difference between harms risked voluntarily and harms risked involuntarily. Secondly, the goods achieved by adversarial relationships in sport go (...) beyond the function of sport, i.e. to entertain audiences. Thirdly, the most plausible account of the athlete’s motivational development starts with their love of the sport, which can explain a commitment to the sporting ethics in a way that is not paralleled in business. I close by drawing attention to the ways in which an Aristotelian conception of business ethics may be able to accommodate these objections. (shrink)

What we might usefully call “playing full-stop” and playing games plausibly figure in a well-lived life. Yet there are reasons to worry that the two not only do not naturally go hand in hand, but are in fact deeply opposed. In this essay I investigate the apparent tension between playing full-stop and playing competitive games. I argue that the nature of this tension is easily exaggerated. While there is a psychological tension between simultaneously engaging in earnest competitive game play and (...) playing fullstop, there is no logical contradiction between the two. Somewhat surprisingly, seeing how this tension is best understood teaches us something about the nature of willing an end and the “guise of the good.” With a resolution of the apparent tension between playing full-stop and playing competitive games, I turn to the practical worry that playing competitive games is destructive precisely for the very reasons it is opposed to playing full-stop. Here I develop a positive proposal to mitigate the tension between playing full-stop and playing competitive games. This proposal draws on the idea of “striving play” as recently developed by Thi Nguyen and some ideas from classical Stoicism. (shrink)

This article develops a novel theory of sport that I call ‘Confucian mutualism’. Confucian mutualism is underpinned by the Confucian Golden Rule and the Confucian conception of human dignity. It resembles the mutualist theory of sport developed by Robert L. Simon in maintaining that sport participants ethically ought to prioritize promoting sporting excellence both in themselves and in their co-participants. However, while Simon’s mutualism maintains that sporting excellence consists in proficiency at sport constitutive skills, Confucian mutualism maintains that sporting excellence (...) consists in success at achieving the Confucian virtues through sport participation. I provide a preliminary case for why Confucian mutualism’s virtue-centric conception of sporting excellence makes it better able than Simon’s mutualism to explain why sporting excellence is stance-independently ethically significant for all sport participants. I do so by trying to show that we have prima facie justification for believing that Confucian mutualism is not vulnerable to certain kinds of criticisms that have been leveled at Simon’s mutualism. (shrink)

What is a game? What are we doing when we play a game? What is the value of playing games? Several different philosophical subdisciplines have attempted to answer these questions using very distinctive frameworks. Some have approached games as something like a text, deploying theoretical frameworks from the study of narrative, fiction, and rhetoric to interrogate games for their representational content. Others have approached games as artworks and asked questions about the authorship of games, about the ontology of the work (...) and its performance. Yet others, from the philosophy of sport, have focused on normative issues of fairness, rule application, and competition. The primary purpose of this article is to provide an overview of several different philosophical approaches to games and, hopefully, demonstrate the relevance and value of the different approaches to each other. Early academic attempts to cope with games tried to treat games as a subtype of narrative and to interpret games exactly as one might interpret a static, linear narrative. A faction of game studies, self-described as “ludologists,” argued that games were a substantially novel form and could not be treated with traditional tools for narrative analysis. In traditional narrative, an audience is told and interprets the story, where in a game, the player enacts and creates the story. Since that early debate, theorists have attempted to offer more nuanced accounts of how games might achieve similar ends to more traditional texts. For example, games might be seen as a novel type of fiction, which uses interactive techniques to achieve immersion in a fictional world. Alternately, games might be seen as a new way to represent causal systems, and so a new way to criticize social and political entities. Work from contemporary analytic philosophy of art has, on the other hand, asked questions whether games could be artworks and, if so, what kind. Much of this debate has concerned the precise nature of the artwork, and the relationship between the artist and the audience. Some have claimed that the audience is a cocreator of the artwork, and so games are a uniquely unfinished and cooperative art form. Others have claimed that, instead, the audience does not help create the artwork; rather, interacting with the artwork is how an audience member appreciates the artist's finished production. Other streams of work have focused less on the game as a text or work, and more on game play as a kind of activity. One common view is that game play occurs in a “magic circle.” Inside the magic circle, players take on new roles, follow different rules, and actions have different meanings. Actions inside the magic circle do not have their usual consequences for the rest of life. Enemies of the magic circle view have claimed that the view ignores the deep integration of game life from ordinary life and point to gambling, gold farming, and the status effects of sports. Philosophers of sport, on the other hand, have approached games with an entirely different framework. This has lead into investigations about the normative nature of games—what guides the applications of rules and how those rules might be applied, interpreted, or even changed. Furthermore, they have investigated games as social practices and as forms of life. (shrink)

Games may seem like a waste of time, where we struggle under artificial rules for arbitrary goals. The author suggests that the rules and goals of games are not arbitrary at all. They are a way of specifying particular modes of agency. This is what make games a distinctive art form. Game designers designate goals and abilities for the player; they shape the agential skeleton which the player will inhabit during the game. Game designers work in the medium of agency. (...) Game-playing, then, illuminates a distinctive human capacity. We can take on ends temporarily for the sake of the experience of pursuing them. Game play shows that our agency is significantly more modular and more fluid than we might have thought. It also demonstrates our capacity to take on an inverted motivational structure. Sometimes we can take on an end for the sake of the activity of pursuing that end. (shrink)

One of the most pressing points in the philosophy of sport is the question of a definition of sport. Approaches towards sport vary based on a paradigm and position of a particular author. This article attempts to analyse and critically evaluates a recent definition of sport presented by Jim Parry in the context of argument that e-sports are not sports. Despite some innovations, his conclusions are in many ways traditional and build on the previous positions. His research, rooted in the (...) conceptual analysis, starts with a stipulation that sport is paradigmatically Olympic sport. He defines it then as an ‘institutionalised, rule-governed contest of human physical skill’ i.e., identifies six necessary elements of sport: human (not animals), physical (not chess), skill (not jogging), contest (not mountaineering), rule-governed (not ‘field sports’), institutionalized (not hula-hooping). Our claim is that this definition, despite its methodological clarity, is not accurate and does not sufficiently represent sport outside the Olympic context. First, to say for something to be a sport it is necessary to be a contest leads to a narrow concept of sport. Secondly, Parry’s account lacks the emphasis on game and play-like structures that are inherently present in sport (even in the Olympic sport), namely non-necessity, non-ordinariness, arbitrariness and gratuitousness. We try to direct the attention precisely on these structures and offer an alternative account of sport understood as a modern ‘hard core’ sport that nevertheless reaches important congruences with Parry’s definition. The originality of this contribution lies in presenting the essential qualities of modern ‘hard core’ sports, which, although sometimes hidden in the modern emphasis on high level performances, competition, and results, play an important role in the question how sport ought to be played and approached. (shrink)

In this paper, I defend a general theory of competition and contrast it with a corresponding general theory of cooperation. I then use this analysis to critique mutualism. Building on the work of Arthur Applbaum and Joseph Heath I develop an alternative adversarial model of competitive sport, one that helps explain and is partly justified by shallow interpretivism, and argue that this model helps shows that the claim that mutualism provides us with the most defensible ethical ideal of sport is (...) false. By replacing that view with an understanding of sporting adversarial ethics we can appreciate that the ethics of sport are more complex than has been commonly recognized. (shrink)

ABSTRACTIn this article, I will identify two key normative principles at the core of Robert L. Simon’s mutualist theory of sport, namely, the respect-for-the-opponent principle and the idea that sport is a practice aimed at pursuing excellence. The former is a Kantian principle grounded in human beings’ rationality, and the latter is an Aristotelian principle related to the development of excellences as a means to human flourishing. After having presented and analyzed both principles, I will critically evaluate Simon’s attempt to (...) combine them within his mutualist approach. To conclude, I will highlight the challenges that mutualism should face to complete such a combination more successfully.Abbreviation: Categorical imperative. (shrink)

In this paper, I argue that sportspersonship is a means of performing fundamental sociality; it is about the conversion of a foe (inimicus) into an enemy (hostis). Drawing on Carl Schmitt’s distinction between enemy and foe – inimicus and hostis – as well as his discussion of the ius publicum Europaeum, I suggest a model of sportspersonship that sees it as expressing the competitive relations between equals that undergird the most minimal form of sociality; relations that any deeper union takes (...) as its foundation. It is the performance of this fundamental sociality, I argue, that grounds the value of sport in general (though this does not mean that there cannot be other, contingent values in sport). (shrink)

This essay explores the features in virtue of which games are valuable or worthwhile to play. The difficulty view of games holds that the goodness of games lies in their difficulty: by making activities more complex or making them require greater effort, they structure easier activities into more difficult, therefore more worthwhile, activities. I argue that a further source of the value of games is that they provide players with an experience of freedom, which they provide both as paradigmatically unnecessary (...) activities and by offering opportunities for relatively unconstrained choice inside the ‘lusory’ world that players inhabit. (shrink)

The work of Bernard Suits continues to be discussed in the sports philosophy field, over forty years after the publication of his brilliant book, The Grasshopper: Games, Life, and Utopia. Much of t...

Many of us have experienced a peculiar feeling of freedom, of the world being open before us. This is the feeling that is captured by phrases like “the freedom of the open road” and “free spirits,” and, to quote Phillip Larkin, “free bloody birds” going “down the long slide / To happiness, endlessly.” This feeling is associated with the ideas that my life could go in many different directions and that there is a vast range of things that I could (...) become. It arises in concert with a wide range of human experiences, including experiences of artistic creation, play, fun, and resistance to authority. This freedom of openness and spontaneity, which I call spontaneous freedom, is central to our ordinary talk about freedom. Yet it is a phenomenon largely ignored in discussions of freedom in contemporary moral philosophy. This is because moral philosophers are primarily concerned to identify the sort of freedom that is a prerequisite for moral responsibility, and so focus on deliberate, voluntary action rooted in rational choice. When moral philosophers do discuss spontaneous freedom, it is often to disparage it as, in the words of Harry Frankfurt, the freedom of “the wanton” whose liberty is merely that of “anarchic impulsive behavior.” My dissertation develops a theory of spontaneous freedom and of the role it does and should play in our lives, including our moral and political lives. I argue that, to do full justice to the human aspiration for freedom, moral and political theory must recognize the value of spontaneity. Through a study of characters from stories and films by Virginia Woolf, Saki, Akira Kurosawa, and Aman Sethi, I develop a phenomenological account of the nature of spontaneous freedom. I argue that we experience spontaneous freedom when we experience our actions as arising out of ourselves but not fixed in advance either by the decisions of other agents or by our own preexisting commitments or plans. I further argue that spontaneous freedom is valuable because it allows for the distinctive pleasure of feeling that one’s life is unforetold and that one is among the sources of novelty in the world, a feeling that is central to artistic creativity. It also affords solace from the anxiety associated with the inevitability of death. As with many experiences, like falling in love or seeing an alpine lake, experiences of spontaneous freedom are most valuable when they are veridical. But even the subjective experience of spontaneous freedom, I suggest, activates our awareness of and openness to possibility. Achieving this awareness, at least on occasion, is valuable because it provides us with a sense of our own psychological potential and sharpens a skill that contributes to practical deliberation. My claim that spontaneous freedom is valuable conflicts with a popular account of the self. According to that account—endorsed by a number of moral philosophers but most famously associated with Christine Korsgaard—the ideal self is one that is well-ordered, actively constituted through rational deliberation. Such integrity theories of the self are attractive because they provide an account of agency according to which ideal moral agents invariably endorse their own actions and beliefs. Integrity theories view freedom as involving rational, deliberative control of one’s actions. But I argue that integrity theories forbid well-constituted moral agents to seek out experiences of spontaneous freedom: such agents must act in a manner that they antecedently and reflectively endorse, while spontaneous freedom requires acting in a manner not antecedently fixed by one’s own decisions. Insofar as spontaneous freedom is a kind of freedom that we do and should value, my account exerts pressure on this standard view of agency and the self. My account of spontaneous freedom also has important political implications. One version of liberal theory holds that the only sort of political freedom worth having is the freedom of each individual to effectively exercise choice compatibly with every other individual doing likewise. On this picture, I have all of the freedom that I could want if I am able to choose autonomously and act in accordance with my choices. But I argue that a community that secures this liberal variety of freedom does not yet provide its members with all the freedom for which people rightly yearn. When public and private institutions arrange our circumstances in ways that make the courses of our lives predictable, our own choices about how to act may be largely settled by the plans and decisions of other agents. This in turn makes it difficult for us to regard our futures as open in the way that is characteristic of experiences of spontaneous freedom. States should promote spontaneous freedom by providing the material and social preconditions for us to feel that our lives could head in radically different and unanticipated directions. (shrink)

Our life with art is suffused with trust. We don’t just trust one another’s aesthetic testimony; we trust one another’s aesthetic actions. Audiences trust artists to have made it worth their while; artists trust audiences to put in the effort. Without trust, audiences would have little reason to put in the effort to understand difficult and unfamiliar art. I offer a theory of aesthetic trust, which highlights the importance of trust in aesthetic sincerity. We trust in another’s aesthetic sincerity when (...) we rely on them to fulfill their commitments to act for aesthetic reasons — rather than for, say, financial, social, or political reasons. We feel most thoroughly betrayed by an artist, not when they make bad art, but when they sell out. This teaches us something about the nature of trust in general. According to many standard theories, trust involves thinking the trusted to be cooperative or good-natured. But trust in aesthetic sincerity is different. We trust artists to be true to their own aesthetic sensibility, which might involve selfishly ignoring their audience’s needs. Why do we care so much about an artist’s sincerity, rather than merely trusting them to make good art? We emphasize sincerity when wish to encourage originality, rather than to demand success along predictable lines. And we ask for sincerity when our goal is to discover a shared sensibility. In moral life, we often try to force convergence through coordinated effort. But in aesthetic life, we often hope for the lovely discovery that our sensibilities were similar all along. And for that we need to ask for sincerity, rather than overt coordination. (shrink)

Cooperation admits of degrees. When factory workers stage a slowdown, they do not cease to cooperate with management in the production of goods altogether, but they are not fully cooperative either. Full cooperation implies that participants in a joint action are committed to rendering appropriate contributions as needed toward their joint end so as to bring it about, consistently with the type of action and the generally agreed upon constraints within which they work, as efficiently as they can, where their (...) contributions are sensitive to information (where available) about how others are contributing in the sense that they adjust as needed their contributions in light of information about how others are contributing to ensure effective pursuit of their joint end, where this includes rendering aid to other participants if needed, insofar as they are able. Full cooperation entails those cooperating are engaged in a joint intentional action. Some prominent studies of joint intentional action focus exclusively on cases of full cooperation (notably that of Michael Bratman (2014)). But not all joint intentional action is fully cooperative. One example is the work slowdown. Another example is provided by competitive games like chess and football, or sports like boxing and wrestling, where participants are clearly not intending to contribute to the pursuit of all of the goals of the others engaged in the activity, even when those goals are internal to the type of activity in question, but instead intend actively to frustrate some of them. In this paper, I provide a taxonomy of forms of non-cooperative behavior within the context of behavior that is still to some degree cooperative, and I argue that the minimal conditions of joint intentional action define minimal cooperative behavior, that is, that minimally joint intentional action is per se minimally cooperative behavior. I define in precise terms what that comes to, and how it is possible in cases in which it seems that one or more participants are in one or more ways acting so as to frustrate the contributions of other participants to their joint action. (shrink)

Douglas Walton’s multitudinous contributions to the study of argumentation seldom, if ever, directly engage with argumentation in mathematics. Nonetheless, several of the innovations with which he is most closely associated lend themselves to improving our understanding of mathematical arguments. I concentrate on two such innovations: dialogue types (§1) and argumentation schemes (§2). I argue that both devices are much more applicable to mathematical reasoning than may be commonly supposed.