The discourse inside and outside of sport in Australia and abroad on the participation of transgender women in female sport focuses on the principles of fairness, equity and the safety of competitors. These concerns commonly materialise (with little evidence) labelling transgender women as ‘cheats’, dominating female sport, strategically being coached in collision sports to intentionally hurt opponents or fraudulently transitioning with the sole aim of competing in elite women’s sport. Our research examines the process by which the Australian (...) class='Hi'>Football League (AFL) grappled with these competing narratives in developing a policy to permit the participation of transgender and gender diverse athletes in community and ‘elite’ competitions. It will be argued that the initial AFL process lacked consideration of the human rights of transgender women and did not provide the necessary resources required to ensure a safe and inclusive process for transgender women to engage with the AFLW competition. This article will also identify lessons which other sport governing organisations should heed in developing and implementing policies for the inclusion of transgender women in sport. (shrink)

Professional sports with high rates of concussion have become increasingly concerned about the long-term effects of multiple head injuries. In this context, return-to-play decisions about concussion generate considerable ethical tensions for sports physicians. Team doctors clearly have an obligation to the welfare of their patient (the injured athlete) but they also have an obligation to their employer (the team), whose primary interest is typically success through winning. At times, a team’s interest in winning may not accord with the welfare of (...) an injured player, particularly when it comes to decisions about returning to play after injury. Australia’s two most popular professional football codes—rugby league and Australian Rules football—have adopted guidelines that prohibit concussed players from continuing to play on the same day. I suggest that conflicts of interest between doctors, patients, and teams may present a substantial obstacle to the proper adherence of concussion guidelines. Concussion management guidelines implemented by a sport’s governing body do not necessarily remove or resolve conflicts of interest in the doctor–patient–team triad. The instigation of a concussion exclusion rule appears to add a fourth party to this triad (the National Rugby League or the Australian Football League). In some instances, when conflicts of interest among stakeholders are ignored or insufficiently managed, they may facilitate attempts at circumventing concussion management guidelines to the detriment of player welfare. (shrink)

Identifying sporting talent remains a difficult task due to the complex nature of sport. Technical skill assessments are used throughout the talent pathway to monitor athletes in an attempt to more effectively predict future performance. These assessments however, largely focus on the isolated execution of key skills devoid of any game context. When assessments are representative of match-play and applied in a setting where all four components of competition (i.e., technical, tactical, physiological and psychological) are assessed within an integrated approach, (...) prediction of talent is more likely to be successful. This article explores the current talent identification technical skill assessments, with a particular focus on Australian Football, and proposes a 5-level performance assessment model for athlete assessment. The model separates technical game skill on a continuum from Level-1 (i.e., laboratory analysis) to Level-5 (i.e., match-play). These levels, using the assumptions of the expert performance model and representative learning design theory, incorporate a step-wise progression of performance demands to more closely represent match-play conditions. The proposed model will provide researchers and practitioners with a structured framework to consider when assessing, or developing, new assessments of technical game-based skill. (shrink)

Head injuries are an inherent risk of participating in the major collision sports played in Australia. Protocols introduced by the governing bodies of these sports are ostensibly designed to improve player safety but do not prevent players suffering from repeated concussions. There is evidence that repeated traumatic brain injuries increase the risk of developing a number of long term problems but scientific and popular debates have largely focused on whether there is a causal link between concussion and chronic traumatic encephalopathy. (...) We argue that the governing bodies of collision sports played in Australia have used uncertainty about CTE to justify a “wait and see” approach instead of attempting to prevent repeated head injuries. This stance is difficult to defend when these governing bodies claim to give a high priority to protecting player welfare. (shrink)

The level of enjoyment in participating in sports activities is one component that causes young athletes to decide to stop or become more motivated to pursue sports activities. Practicing and participating in competitions are the main activities in sports coaching interactions towards optimal performance. This study aims to determine the effect of modifying the match rules implemented in youth soccer competitions on the level of enjoyment of players. Using an experimental method with 20 soccer schools participating in a competition (...) with modified game rules. Players registered by his team amounted to an average of 13.8 players aged 9-12 years. The number of players who are willing to fill out the pleasure level questionnaire is 238 players. Each player was asked to fill out a questionnaire before and after the competition, the questionnaire was analyzed using the mean and percentage test technique. The results of data analysis showed the average score before participating in the competition was 4.10 while after participating in the competition it was 4.47, which means an increase of 8.88%. The results showed that the level of enjoyment of the players increased after participating in the competition. Modification of the rule of the game in competition affects the level of enjoyment of players in the interaction of youth soccer coaching. Coaches, administrators, and match organizers are expected to have a positive paradigm of thinking and policy making towards the organization of competitions for young soccer players. (shrink)

Introduced with the hope of reducing refereeing errors and increasing “football justice”, the Video Assistant Referee has attracted much criticism from players and spectators alike. Drawing o...

Postmortem evidence of chronic traumatic encephalopathy (CTE) in the brains of American National Football League players who suffered concussions while playing have intensified concerns about the risks of concussion in sport.1 Concussions are frequently sustained by amateur and professional players of Australia’s three most popular football codes (Australian football, rugby league, and rugby union) and, to a lesser extent, other contact sports such as soccer. This raises major concerns about possible long-term neurological damage, cognitive impairment and (...) mental health problems in players of these sports. (shrink)

The Football Association has been under pressure to allow girls to play in mixed teams since 1978, following 12-year old Theresa Bennett’s application to play with boys in a local league. In 1991, over a decade after Bennett’s legal challenge, the FA agreed to remove its ban on mixed football and introduced Rule C4 in order to permit males and females to play together in competitive matches under the age of 11. More recently, following a campaign by parents, (...) coaches, local Members of Parliament and the Women’s Sport Foundation, the FA agreed to trial mixed football for the under-12 to under-15 age categories in order to establish, among other things, the risk of injury to players in sex-integrated competitions. A series of exponential changes ensued: between 2010 and 2014, the age at which mixed football was permitted increased from U11 to U16. In 2015, the FA announced the decision to raise the age limit on mixed football from U16 to U18 for the forthcoming 2015–2016 season. We critically examine th... (shrink)

An analogy is made between two rather different domains, namely: logic, and football. Starting from a comparative table between the two activities, an alternative explanation of logic is given in terms of players, ball, goal, and the like. Our main thesis is that, just as the task of logic is preserving truth from premises to the conclusion, footballers strive to keep the ball as far as possible until the opposite goal. Assuming this analogy may help think about logic in (...) the same way as in dialogical logic, but it should also present truth-values in an alternative sense of speech-acts occurring in a dialogue. The relativity of truth-values is focused by this way, thereby leading to an additional way of logical pluralism. (shrink)

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation (...) precludes a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives. (shrink)

This paper explores space as a core source of aesthetic pleasure in various codes of football. The paper begins by applying Kant’s distinction between the agreeable and the pleasurable to sport, arguing that the appreciation of sport entails more than just excitement. Pleasure comes from an appreciation of the rules, strategies and history of the game. The significance of the rules of various codes of football in articulating our experience of space will be taken as fundamental (...) to such appreciation. Drawing on the phenomenology of Merleau-Ponty and the ‘topoanalysis’ of Gaston Bachelard, it will be argued that the aesthetic appreciation of football lies, not simply in recognising the complexity and subtlety of the movement of players and ball about the pitch, but more significantly in the creative and poetic imagination that the player embodies, and the striving of the player to create places within the course of play within which they can exercise their own competence as a player, and inhibit the competence of their opponents. A poetics of football is suggested to lie in the response that poetry and reverie about football can make through the metaphorical articulation and explication of the player’s embodied imagination and their experience of the game. (shrink)

This paper explores space as a core source of aesthetic pleasure in various codes of football. The paper begins by applying Kant’s distinction between the agreeable and the pleasurable to sport, arguing that the appreciation of sport entails more than just excitement. Pleasure comes from an appreciation of the rules, strategies and history of the game. The significance of the rules of various codes of football in articulating our experience of space will be taken as fundamental (...) to such appreciation. Drawing on the phenomenology of Merleau-Ponty and the ‘topoanalysis’ of Gaston Bachelard, it will be argued that the aesthetic appreciation of football lies, not simply in recognising the complexity and subtlety of the movement of players and ball about the pitch, but more significantly in the creative and poetic imagination that the player embodies, and the striving of the player to create places within the course of play within which they can exercise their own competence as a player, and inhibit the compete.. (shrink)

Research is crucial to advancing knowledge about dementia, yet the burden of the disease currently outpaces research activity. Research often excludes people with dementia and other cognitive impairments because researchers and ethics committees are concerned about issues related to capacity, consent, and substitute decision-making. In Australia, participation in research by people with cognitive impairment is governed by a national ethics statement and a patchwork of state and territorial laws that have widely varying rules. We contend that this legislative variation (...) precludes a consistent approach to research governance and participation and hinders research that seeks to include people with impaired capacity. In this paper, we present key ethical principles, provide a comprehensive review of applicable legal rules in Australian states and territories, and highlight significant differences and ambiguities. Our analysis includes recommendations for reform to improve clarity and consistency in the law and reduce barriers that may exclude persons with dementia from participating in ethically approved research. Our recommendations seek to advance the national decision-making principles recommended by the Australian Law Reform Commission, which emphasize the rights of all adults to make their own decisions and for those with impaired capacity to have access to appropriate supports to help them make decisions that affect their lives. (shrink)

The Australian Football League (AFL) is the premier sporting competition in Australia in terms of capital outlay, breadth of industry associations, public consumption, and arguably cultural significance. The AFL competition is now a domain of specialisations and interests, which provides vast opportunity for both sporting and non-sporting institutions seeking to utilise the game to capitalise on a society of consumption, entertainment and risk. AFL officials expect high standards of their players both on and off the field. These standards (...) are expressed in various forms of Codes and Policies. Off field player misconduct is an ongoing concern not escaping media attention, which is a resounding indication more needs to be done by the AFL to improve responsible player character development. Whether the current education programmes are sufficient to meet the AFL’s own expectations is the central issue addressed in this chapter. As it stands AFL governance is deficient on several counts. In this chapter I will focus on three governance deficiencies: firstly, the AFL Illicit Drug Policy (IDP) contains unnecessary inconsistencies relative to its primary purpose; secondly, the present measures undertaken to ensure players have appropriate education to achieve the expected character development are far from efficacious and so arguably can be vastly improved; and thirdly, the promotion of live-odds gambling during televised games is culturally problematic and inconsistent with its own demands. The ethical grounds central to this investigation are ‘fairness’ and ‘cultural influence’. In order to resolve some of its governance concerns I will explain why the AFL should be characterised as a practice-community and as such should adopt a comprehensive virtue and value-based compliance ethical education programme consistent with its own vision and conduct expectation of its players and officials. I will argue that the AFL as a practice community is much more than simply a game, given its cultural influence, commercial associations and community programmes. (shrink)

Human beings are the only creatures known to engage in sport. We are sporting animals, and our favourite pastime of football is the biggest sport spectacle on earth. The Philosophy of Footballpresents the first sustained, in-depth philosophical investigation of the phenomenon of football. In explaining the complex nature of football, the book draws on literature in sociology, history, psychology and beyond, offering real-life examples of footballing actions alongside illuminating thought experiments. The book is organized around four main (...) themes considering the character, nature, analysis and aesthetics of football. It discusses football as an extra-ordinary, unnecessary, rule-based, competitive, skill-based physical activity, articulated as a social kind that is fictional in character, and where fairness or fair play - contrary to much sport ethical discussion - is not centre stage. Football, it is argued, is a constructive- destructive contact sport and, in comparison to other sports, is lower scoring and more affected by chance. The latter presents to its spectators a more unpredictable game and a darker, more complex and denser drama to enjoy. The Philosophy of Footballdeepens our understanding of the familiar features of the game, offering novel interpretations on what football is, how and why we play it, and what the game offers its followers that makes us so eagerly await match day. This is essential reading for anybody with an interest in the world's most popular game or in the philosophical or social study of sport. nstructive- destructive contact sport and, in comparison to other sports, is lower scoring and more affected by chance. The latter presents to its spectators a more unpredictable game and a darker, more complex and denser drama to enjoy. The Philosophy of Footballdeepens our understanding of the familiar features of the game, offering novel interpretations on what football is, how and why we play it, and what the game offers its followers that makes us so eagerly await match day. This is essential reading for anybody with an interest in the world's most popular game or in the philosophical or social study of sport. (shrink)

The aims of this study were to measure the readability of Australian based informed consent documents and determine whether informed consent readability guidelines have been established by Australian human research ethics committees (HRECs). A total of 20 informed consent documents, 10 HIV/AIDS and 10 type 2 diabetes, were measured for readability using the Simple Measure of Gobbledygook (SMOG) and Gunning Fog Index (Fog). Published guidelines and policy statements of the two local HREC who approved the 20 clinical trials (...) under study where examined to identify whether they had any formal policies/guidelines on the readability of informed consent documents. The two HRECs were contacted via e-mail to also determine whether they utilised any informal readability standards or “rules of thumb” that may not have been mentioned in the published documents. The HIV/AIDS and type 2 diabetes informed consent documents were, on average, written at a grade 13 reading level. Formal readability standards had not been established by the two local HRECs, however, they did verify the use of informal rules for assessing readability of informed consent documents. Based on Australian literacy data, the majority of informed consent documents were written well beyond the reading ability of many Australians. Unreadable informed consent documents may result in patients rejecting trial participation altogether or conversely may result in their participating in a trial with inadequate consent. Therefore, a step toward reducing the complexity of informed consent documents may be to implement objective readability assessments into the human research ethics application and review process. (shrink)

While debate continues over the role of the lawyer in society, this article notes that the recently amended professional conduct rules of both barristers and solicitors and the proposed draft National Law prioritise the duty to the court and the administration of justice. In addition, the Australian Learning and Teaching Council's threshold learning outcomes for legal education corroborate these obligations when they assert that the role of a lawyer includes a professional responsibility to promote justice in service to (...) the community. By referring to Australia's proposed regulatory framework and associated national professional conduct rules, and drawing upon the American Bar Association's Model Rules of Professional Conduct and a body of US literature that refers to lawyers as public citizens, this article will argue that Australian lawyers owe a duty to the public in their everyday dealings with clients. In doing so, this article will refer to some theories of citizenship; and what it means for lawyers, in a practical sense, to act as public citizens. (shrink)

While the sport-politics nexus is not new, there is little doubt that the collision of sport and politics has become more frequent, more complex, and in many instances, more intense. This paper draws on the theory and historical observations of Johan Huizinga and Norbert Elias to provide a theoretical lens through which we can understand the interplay between sport and politics. Furthermore, the Huizinga-Elias theoretical framework allows us to examine the role of sporting organisations in political and social conflicts, and (...) how we can understand the complexities and nuances of how sporting organisations, and their athletes, have become engaged in political debates. The paper expounds the Huizinga-Elias theory through the case study of Australian Football League Indigenous footballer Adam Goodes who became engulfed in a nationwide social and political discussion about racism after he was racially vilified by a 13-year-old fan during a game in 2013. The theory implies that the interaction between sport and politics is unavoidable, thus highlighting that sporting organisations should embrace this reality by promoting their values, orienting their actions towards a common good, playing an active role advancing society and ultimately fostering and enriching communities. (shrink)

Sport, Rules and Values presents a philosophical perspective on some issues concerning the character of sport. Central questions for the text are motivated from real life sporting examples as described in newspaper reports. For instance, the (supposed) subjectivity of umpiring decisions is explored via an examination of the judging ice-skating at the Salt Lake City Olympic Games of 2002. Throughout, the presentation is rich in concrete cases from sporting situations, including baseball, football, and soccer. While granting the constitutive (...) nature of the rules of sport, discussion focuses on three broad uses commonly urged for rules: in defining sport; in judging or assessing sport (as deployed by judges or umpires); and in characterizing the value of sport, especially if that value is regarded as moral value. In general, McFee rejects a conception of the determinacy of rules as possible within sport, and a parallel picture of the determinacy assumed to be required by philosophy. (shrink)

Zusammenfassung Aus juristischer Perspektive wird die in der Satzung des Deutschen Fußball-Bundes e. V. verankerte ‚50+1‘-Regelung kritisiert, weil sie zu Unterschieden in der Kapitalbeschaffung und zu begrenzter Wettbewerbsfähigkeit gegenüber dem europäischen Ausland führt. Laut europäischem Recht sind jedoch wettbewerbsbeschränkende Maßnahmen verboten und eine Kapital- und Niederlassungsfreiheit vorgeschrieben. In dieser Studie wird ein umfassender Lösungsansatz für eine neuartige Regelung aufgezeigt, die auf die Rechtskonformität abzielt und gleichermaßen ökonomische und gesellschaftliche Aspekte kombiniert, sodass die Integrität des Fußballsports gewahrt und die Verbindung zwischen (...) Breiten- und Spitzensport erhalten bleiben. Basierend auf derzeitig geltenden Regularien der Top 5 Fußballligen in Europa wird herausgestellt, dass die Gesellschaftsform der Kommanditgesellschaft auf Aktien Kapitalinvestitionen in Einklang mit geltendem Europarecht bringt. Um nicht gegen den allgemeinen vereinsrechtlichen Gleichbehandlungsgrundsatz zu verstoßen, sollten allerdings keine weiteren Gesellschaftsformen zugelassen werden. Des Weiteren werden die Notwendigkeit und Umsetzungsmöglichkeit des Verbots von Mehrfachbeteiligungen, einem dezentralen Vermarktungssystem der Fernsehrechte mit anschließender Umverteilung, einer Orientierung an internationalen Rechnungslegungsvorschriften und der Einführung von Gehaltsbegrenzungen erörtert. (shrink)

No doubt this breezily written and informative volume will fill a gaping lacuna in most JSE readers' knowledge of evidence for psychokinesis generally and poltergeist phenomena in particular. It certainly did for me. Healy and Cropper survey 52 different Australian cases, spanning the years 1845-2002. The first eleven chapters cover the authors' 11 strongest cases in considerable detail. Chapter 12 describes the remaining 41 cases more briefly, and catalogues all 52 cases in chronological order. Chapter 13 purports to wrap (...) things up, but it's followed by three appendices introducing additional cases outside Australia and brief discussions of similar or at least potentially relevant physical mysteries-for example, some Asian fire poltergeist cases, ball lightning, UFOs, and reported rains of fishes. The authors rate their cases on a five-star scale, which they apply judiciously. Ratings begin at zero for apparent or proven hoaxes, and then range from half a star ("for questionable or very poorly documented cases" [p. 7]) to five stars. Healy and Cropper write: "With only two exceptions, we have reserved the four and five-star rating for very well documented cases where we were able to interview the eyewitnesses or in which we had some other personal involvement" (p. 7). The case they consider the strongest-the Mayanup case from 1955-2002-is the only one to earn five stars. Humpty Doo (1998)-possibly the most famous, or notorious-gets four and a half. Several cases earned between three and four stars, and quite a few get either zero stars or half a star. The two highest-rated cases are genuinely interesting. In the Humpty Doo case, many credible observers witnessed the phenomena under conditions which quite clearly seemed to rule out chicanery, and which conformed to poltergeist reports in other parts of the world. The phenomena included "showers of stones both indoors and out, dangerous objects thrown with great force but without causing injury, objects falling unnaturally slowly yet producing unnaturally loud sounds on impact, objects observed levitating, objects observed materializing in mid-air" (p. 48), the intense heat of apported objects, and more. (shrink)

At the Donald Berman Laboratory for Information Technology and Law, La TrobeUniversity Australia, we have been building legal decision support systems for a dozenyears. Whilst most of our energy has been devoted to conducting research in ArtificialIntelligence and Law, over the past few years we have increasingly focused uponbuilding legal decision support systems that have a commercial focus.In this paper we discuss the evolution of our systems. We begin with a discussion ofrule-based systems and discuss the transition to hybrid rule-based/case-based (...) systems.We next discuss how we have used machine learning in building legal decision supportsystems. Our focus on using machine learning led us to investigate the domains ofexplanation and argumentation. We conclude by discussing our current work onbuilding negotiation support systems and tools for constructing web-based legaldecision support systems. (shrink)

Concussion in professional football is a topic that has generated a significant amount of interest for many years, partly due in recent times to the filing of the class-action litigation and the uncapped compensation injury fund and settlement involving 4,500 retired professional players and the National Football League. The proceedings claimed that the NFL, as the governing body of American football, failed in its duty to protect players’ health during their professional playing careers by exposing players to (...) risks of repetitive concussions and actively concealing links to potential long-term consequences. The NFL litigation sharpened the focus on the fundamental regulatory, governance and ethical considerations for football governing bodies, as self-regulated organisations, when governing the delicate balance between the dynamics of contact and collision sports, entertainment and player-health considerations. It also raised questions about public accountability and responsibilities to all levels of the sport through a framework of public health ethics. The NFL litigation and Congressional hearings have led to changes within the NFL and its regulatory and governance responses. A case study of the NFL responses to concussion in the sport of American football can provide insight into concussion regulation. Australian football governing bodies can align their regulatory and governance responses to concussion within their sports with the aim to avoid similar accusations, and circumvent a more coercive form of intervention. (shrink)

Following an investigation of the football clubs using hypoxic air machines, the Australian Football League has decided not to ban the machines. This seems, however, to be a reluctant decision since it appears that some AFL officials still feel there is something undesirable about the use of the machines. Use of the machines raises questions about performance enhancement and the role of technology. It prompts consideration of the grounds for banning performance enhancing devices or substances and raises (...) questions about what constitutes a drugA machine being used by Australian footballers, which is designed to imitate the effects of high altitude training and enhance performance has prompted an investigation by the Australian Football League and sparked debate in the media. The AFL decided not to ban the machine but a sense of unease about its use remains and there seems to be some difficulty in articulating the cause of that unease. The league’s medical officers say the hypoxicators do not contravene their antidoping code or the league’s rules,1,2 but according to at least one AFL official, the use of the machines is “sending the wrong message …. (shrink)

Neuroscience research has improved our understanding of the long term consequences of sports-related concussion, but ethical issues related to the prevention and management of concussion are an underdeveloped area of inquiry. This article exposes several examples of conflicts of interest that have arisen and been tolerated in the management of concussion in sport (particularly professional football codes) regarding the use of computerized neuropsychological (NP) tests for diagnosing concussion. Part 1 outlines how the recommendations of a series of global protocols (...) for dealing with sports-related concussions (the 1st, 2nd and 3rd Consensus Statements on Concussion in Sport) have endorsed the use of NP testing. The development of these protocols has involved experts who have links with companies that sell computerised NP tests for concussion management. Part 2 describes how some professional football leagues—in particular the National Football League (NFL), the Australian Football League (AFL) and the National Rugby League (NRL)—have mandated specific NP testing products. They have done so on the basis of these international guidelines and by engaging experts who have conflicts of interest with NP testing companies. These decisions have also been taken despite evidence that casts doubt on the reliability and validity of NP tests when used in these ways. (shrink)

Alstin, Zac At a March lecture in Canberra, Australian ethicist and pro-abortion activist Dr Leslie Cannold, spoke about the 'unfinished business' of abortion law reform in Australia. A frustrated friend sent me the transcript of this lecture and asked me to write something in response. But given the context of Cannold's lecture: a pro-abortion speech to a pro-abortion audience about pro-abortion law reform, a direct response seems impertinent. Plus, as a rule of thumb, when you play 'Pin the Tail' (...) on a live donkey you're liable to get a kick in the teeth. It makes more sense to take Cannold's speech at face value as evidence of an abortion activist's self-imposed mission in our society. To attack her for saying what she believes is perhaps in Cannold's own words "like blaming a leopard for having spots.". (shrink)

The framing of the risks of experiencing mild traumatic brain injury in American football and ice hockey has an enormous impact in defining the scope of the problem and the remedies that are prioritized. According to the prevailing risk frame, an acceptable level of safety can be maintained in these contact sports through the application of technology, rule changes, and laws. An alternative frame acknowledging that these sports carry significant risks would produce very different ethical, political, and social debates.

With the mutual exchange and integration of world football, modern football is in an increasingly comprehensive direction. This research mainly discusses complexity computer simulation in the study of the overall play of campus football. Complexity computer simulation is used to design the background of the simulated football field, and the area is divided according to the size ratio of the actual football field. Then, it uses drawing software to draw the football and player controls. (...) The construction of the knowledge base of this paper is mainly combined with the functional modules of rapid formation and response tactics. In the fast formation function, the required formation can be quickly given through football experience and knowledge rules. In the applied tactics function, for the responsibilities of forwards, midfielders, defenders, and other roles, the tactics implemented are given, including partially coordinated offensive and defensive tactics, personal offensive and defensive tactics, and set-ball tactics. The “holistic play” football tactics studied in this paper use XML files as recording and playback data, which not only greatly reduce the amount of file data but also make the operation of XML files intuitive and simple. XML can not only realize the recording and playback of player and football track but also be used in the function of rapid formation. The coach uses the “holistic play” football tactics simulation to demonstrate the movement route through the image, guide the players in each position to perceive the game scene by observing the movement route, and analyze and judge the tactical coordination of their respective positions. The computer simulation tactical analysis of the precision of the passing and running and the path coefficient of the passing factor is 0.606 and 0.59, respectively. This research helps to provide guidance on the overall playing tactics of football. (shrink)

Frame semantics for negation on the Australian Plan accommodates many different negations, but it falls short on accommodating subminimal negation when the language contains conjunction and disjunction. In this paper, I will present a multi-relational frame semantics –multi-incompatibility frame semantics– that can accommodate subminimal negation. I will first argue that multi-incompatibility frames are in accordance with the philosophical motivations behind negation on the Australian Plan, namely its modal and exclusion-expressing nature. Then, I will prove the soundness and completeness (...) results of a subminimal logic that consists of the multi-incompatibility semantics and a proof system with operational rules that characterize subminimal negation, conjunction and disjunction. Lastly, I will prove some key correspondence theorems that relate frame conditions to certain principles that are associated with stronger negations, which will give rise to a new kite of negations that includes subminimal negation. (shrink)

Referees are essential participants in the sport of football. They are responsible for enforcing the rules and achieving the necessary impartiality for the matches. Referees are often target of hostile reactions from fans, players, and coaches. However, few studies have focused on these experiences and the strategies they use to manage them. In order to fill this gap, a qualitative interview-based study was developed to explore the experiences of a group of football referees on aggression, violence, and (...) coping. A thematic analysis was developed combining inductive and deductive processes. Results indicated that the most frequent aggressions experienced were verbal abuse. Most of the aggressions from spectators were of a sexist nature. When aggressions were considered normal by referees, symbolic violence emerged. Racist aggressions were directed to the two Moroccan participants. Problem and emotional-focused coping strategies were identified. The two most common referee responses to coaches’ and players’ verbal abuse were penalties and send-off calls. Smiling and not considering insults as a personal matter were two emotional-focused coping strategies used toward spectator aggressions. Implications for the referees’ job and well-being as well as the quality of football competitions were highlighted to reduce aggressions and violence and to help referees to cope with hostile behaviors. (shrink)

How does a board of directors decide what is right? The contest over this question is frequently framed as a debate between shareholder value and stakeholder rights, between a utilitarian view of the ethics of corporate governance and a deontological one. This paper uses a case study with special circumstances that allow us to examine in an unusually clear way the conflict between shareholder value and other bases on which a board can act. In the autumn of 2010, the board (...) of Liverpool Football Club sold the company to another investing group against the explicit wishes of the owners. The peculiar circumstances of this case provide insight into the conflict between ethical approaches to board decisions, allowing us to see certain issues more clearly than we can in listed corporations with many shareholders. What the analysis suggests is that the board saw more than one type of utility on which to base its ethical decision, and that one version resonated with perceived duties to stakeholders. This alignment of outcomes of strategic value with duties contrasted with the utility of shareholder value. While there are reasons to be cautious in generalizing, the case further suggests reasons why boards may reject shareholder value, in opposition to mainstream notions of corporate governance, without rejecting utility as a base of their decisions. Further, the partial alignment of duty and utility facilitates a pragmatic decision rather than one based on a priori claims. (shrink)

How does a board of directors decide what is right? The contest over this question is frequently framed as a debate between shareholder value and stakeholder rights, between a utilitarian view of the ethics of corporate governance and a deontological one. This paper uses a case study with special circumstances that allows us to examine in an unusually clear way the conflict between shareholder value and other bases on which a board can act. In the autumn of 2010, the board (...) of Liverpool Football Club sold the company to another investing group against the explicit wishes of the owners. The peculiar circumstances of this case provide insight into the conflict between ethical approaches to board decisions, allowing us to see certain issues more clearly than we can in listed corporations with many shareholders. What the analysis suggests is that the board saw more than one type of utility on which to base its ethical decision, and that one version resonated with perceived duties to stakeholders. This alignment of outcomes of strategic value with duties contrasted with the utility of shareholder value. While there are reasons to be cautious in generalizing, the case further suggests reasons why boards may reject shareholder value, in opposition to mainstream notions of corporate governance, without rejecting utility as a base of their decisions. Further, the partial alignment of duty and utility facilitates a pragmatic decision rather than one based on a priori claims. (shrink)

In 'The Standard Picture and its Discontents', Mark Greenberg remarks that the typical way that legal theorists think about legal obligations does not sit well with the way the common law works. I argue that Alexander's and Sherwin’s Rule Model of precedent can deal with all the problems that Greenberg accuses the Standard Picture of having. Nonetheless, I further argue that combining the Standard Picture and the Rule Model ultimately leads to another problem: the inability of the Standard Picture – (...) Rule Model to separate rule from dicta. (shrink)

The rise in popularity in recent times of dystopian fiction is reflective of contemporary anxieties about law: the inhumanity of judicial-coercive machinery; the influence of corporate power; the lack of democratic imagination despite the desperate need for political reform; and the threat of order imposed through violence and victimisation. These dystopian texts often tell fear-inducing stories of law’s failure to protect; or of law’s unsuccessful struggle against unbridled power; or even sometimes of law’s ‘bastardised’ reconstruction. Indeed comics, with their visual (...) and narrative intricacies, thrive on dystopia as a key vehicle for contributing to collective notions of fear and trembling about the future. Yet, at the same time, these texts also contain within them the blueprints for hope—the idea that with transformation, heroic intervention, and/or faith in ‘justice’, the law will ultimately prevail. Law’s ability to be transformed is thus simultaneously portrayed as society’s downfall, AND as the key to enlivening humanity. This article attempts to understand this schismatic role of law as presented in the recent dystopian comic book series From Above by Australian creator Craig Bruyn. In this series set in futuristic Melbourne, where law has given way to an unaccountable corporate rule, the social divide is made manifest by the absence of ‘order’, ‘law’ and ‘justice’ in certain segments of society, and yet hope in law’s return is ever-present. The paper will interrogate expectations of law and justice that is mediated through the complex interaction of fear and hope, and contextualise this within current contemporary anxieties. (shrink)

This article examines disciplinary proceedings about sexual misconduct by lawyers. Sexual misconduct in a professional relationship is harmful and unacceptable and should result in immediate disciplinary action to protect victims, future victims and the public. However, there is no explicit offence of sexual misconduct in Australian disciplinary legislation regarding lawyers. Rather, sexual misconduct must be linked to the statutory offences. While the Australian Solicitors’ Conduct Rules guide the interpretation of the offences, there is only express reference to (...) sexual harassment. We examined tribunal and court legal disciplinary cases from 2000 to 2020 across all Australian jurisdictions in which sexual misconduct had occurred. Decision makers typically only considered sexual misconduct sufficiently egregious to meet the required standard of a disciplinary offence when accompanied by a criminal conviction. The conduct was often portrayed as a result of character flaws, rather than harmful to victims and the public. Thus, decision makers failed to locate the behaviour in the wider incidence of violence against women. The profession’s failure to acknowledge sexual misconduct reflects narrow professional norms which do not robustly protect victims. Explicit acknowledgement of sexual misconduct in disciplinary proceedings is essential. These amendments would signify the importance, frequency and impact of sexual misconduct. (shrink)

The paper analyses results from a questionnaire-based survey of ethical behavior of members of the Western Australian Senior Executive Service. Relating to definitions of deontology (duty) and teleology (ends over means) the study examines the validity of three hypotheses on ethical behaviour/decision making frameworks. Longitudinal data is related to the 1983–90WA Inc period. The study establishes that SES managers apply ethical frameworks in order to understand the meaning of: ethical behaviour and that there are groups of managers with distinct (...) understandings of what constitutes ethical behavior which is reflective of particular ethics theories. Three groups of managers are identified: (1) emphasises teleology (2) focuses on external influences (rules, standards and codes) and (3) encompasses both teleology and external influences and, to a lesser extent deontology. Only this latter group is regarded as having an appropriate repertoire of potential responses to any given ethical dilemma. There is no support for the view that those beginning employment in the public service post 1984 adversely affected the ethical decision making frameworks of other senior managers. (shrink)

Many suggest that professionalism as traditionally understood is all but dead in today's legal marketplace. Some scholars believe that 'professional' orientations based on managerialism and influenced by profitability have seen the demise of the lawyer's traditional professional identity. This paper argues otherwise. A pilot qualitative study of new Australian lawyers indicates that professional ideals can still flourish. Participants both understood the traditional ideals and sought to incorporate them in their own developing sense of professionalism. This paper reviews the experiences (...) of 11 early-career Australian lawyers in their first year of practice. Preliminary results suggest that certain experiences are crucial to developing and retaining a broad sense of professionalism: finding a balance between autonomous/independent work and close mentoring and supervision; realizing that legal practice is not merely a rational and rule-based activity, but one that involves ongoing uncertainty, including the uncertainly of dealing with 'real' people displaying 'real' emotions; and reaching a comfortable 'value convergence' between one's own values and those modelled by colleagues. (shrink)

The disciplines of ethics, science, and the law often conflict when it comes to determining the limits and boundaries of embryo research. Under current Australian law and regulations, and in various other jurisdictions, research conducted on the embryo in vitro is permitted up until day fourteen, after which, the embryo must be destroyed. Reproductive technology and associated research is rapidly advancing at a rate that contests current societal and ethical limits surrounding the treatment of the embryo. This has brought (...) about the question of the adequacy of the fourteen-day rule and whether it is necessary for it be reconsidered and reformed. This paper will highlight some of the tensions that exist in ethics, science, and the law in relation to the extension of the rule. It will be concluded that any move to extend the rule must be accompanied by close consultation with the public as the ultimate stakeholders in how the future of reproductive technology is created, constructed, and contested. (shrink)

Song in oscine birds relies upon the rare capacity of vocal learning. Transmission can be vertical, horizontal, or oblique. As a rule, memorization and production by a naïve bird are not simultaneous: the long-term storage of song phrases precedes their first vocal rehearsal by months. While a wealth of detail regarding songbird enculturation has been uncovered by focusing on the apprentice, whether observational learning can fully account for the ontogeny of birdsong, or whether there could also be an element of (...) active teaching involved, has remained an open question. Given the paucity of knowledge on animal cultures, I argue for the utility of an inclusive definition of teaching that encourages data be collected across a wide range of taxa. Borrowing insights from musicology, I introduce the Australian pied butcherbird into the debate surrounding mechanisms of cultural transmission. I probe the relevance and utility of mentalistic, culture-based, and functionalist approaches to teaching in this species. Sonographic analysis of birdsong recordings and observational data of pied butcherbird behavior at one field site provide evidence that I assess based on criteria laid down by Caro and Hauser, along with later refinements to their functionalist definition. The candidate case of teaching reviewed here adds to a limited but growing body of reports supporting the notion that teaching may be more widespread than is currently realized. Nonetheless, I describe the challenges of confirming that learning has occurred in songbird pupils, given the delay between vocal instruction and production, as well as the low status accorded to anecdote and other observational evidence commonly mustered in instances of purported teaching. As a corrective, I press for an emphasis on biodiversity that will guide the study of teaching beyond human accounts and intractable discipline-specific burdens of proof. (shrink)

This paper provides a comparative analysis of the rules of conduct governing legal representatives in Australia, the United States of America and the United Kingdom as they apply to a range of ethical issues in mediation. The analysis has four main aims. First, it clarifies the position in Australia and the USA - the Australian and American mediation communities have not introduced separate codes for ?mediation advocates? as Mason recently suggested. But some provisions have been made for mediation (...) practice. The second aim is to tease out from these provisions learning points for policy makers and rule drafters. Amongst the points to consider is whether or not, and under what circumstances, mediators should be regarded as courts, or as third parties for the purpose of the rules. Third, the analysis provides some grounds for arguing that the current rules of conduct are appropriate for legal representatives in mediation. Fourth, it identifies challenges associated with proposals to introduce rules which require legal representatives to participate in mediation in good faith in a non-adversarial manner according to higher standards of honesty and candour. The article concludes by identifying a number of assumptions which permeate the literature on this topic. (shrink)

Provocative and disconcerting, The False Past confronts what many generations hold near and dear about their memorials. What if everything we know about colonial history is wrong? What if history is driven by vanity and unexamined moral claims? What if fabrication and corruption are so integral to history that it must be written anew? These questions, posed by Nietzsche, are answered in this exciting new work. The False Past takes a disturbing escapade through Australia’s colonial past. Using a Nietzschean evaluation (...) of how the eternal recurrence of suffering worked in practice, it announces a fresh vision for frontier history. And in the finest Nietzschean tradition, Price reveals the uncaring absurdity and inconsistency of settlers in the pioneer past as their supreme failing because it produces contemporary trauma. The False Past evaluates claims to colonial nobility, too. Who were the souls aiming beyond humanity who rose up Down Under? Was its Übermensch a dark and moody genius with a taste for conquest, a supreme talent in pastoral profiteering, an Indigenous exemplar, or a cunning bushranger out on a mission? Awkward and confronting, bold and experimental, this book often says the unsayable. The False Past lays siege to nostalgia, piety, vanity and nihilism to explain how unfounded exceptionalism has come to rule our lives. A revisionist assault on settled history, The False Past promises to spark debate among readers for many years to come. (shrink)

ABSTRACTA lawyer's behaviour derives from their own principles and values, the norms of professionalism, the professional conduct rules and the common law. In the past, much emphasis has been placed upon the first two sources as they formed the basis of self-regulation and influenced the development of legal ethics. Recently, the Australian codes of ethics explicitly detail an increasing range of duties which might reasonably have been thought to be implicit characteristics of sound ethical values and professionalism, for (...) example, a duty to be civil, and an explicit prohibition against harassment, intimidation and bullying. Such additions have been deemed necessary as a response to increasing concerns about lawyer incivility and empirical reports detailing high levels of harassment, intimidation and bullying within law firms. We suggest that the expansion of duties in the codes raises intriguing and troubling questions: Does the expansion of duties in the codes suggest that lawyers, as a group, need rules... (shrink)

This study explored possible changes in family functioning from the perspective of parents during the COVID-19 pandemic. Thirty-four parents/guardians of children under 18 years completed a semi-structured interview, average length 47 min. Interviews focussed on changes in different aspects of family functioning including family roles, routines, and rules; parenting practices; communication and relationships; and strengths, challenges, and tensions. Data were analysed using reflexive thematic analysis applied in an idiographic and inductive manner to reduce the loss of individual experiences and (...) perspectives. Four superordinate themes were identified: shifting family roles and boundaries throughout the pandemic; impacts on routines and relationships; opportunities and resourcing; and, experiences of support and unity. Gender differences were evident across some themes, particularly changing roles, workload and work-home boundaries. Challenges and tensions were frequently highlighted, particularly by “vulnerable” family groups such as those with children with disabilities. Parents also described a renewed sense of family and community that underpinned adaptive coping responses. The results highlight the importance of family connectedness in times of need. (shrink)

In this paper, I explore the ways in which settler-colonial states utilize the category of disability in immigration and Indigenous population regimes to redress settler-colonial anxieties of white fragility. As well documented within the literature, settler-colonial governance operates a particular logic of population management that aims to replace longstanding Indigenous peoples with settler populations of a particular kind. Focusing on the case of Australia and drawing on a range of historical and current empirical sources, the paper examines the central importance (...) of the category of disability to this settler-colonial political intent. The paper identifies the breadth of techniques of governance to embed, normalize and naturalize white settler-colonial rule. The paper concludes with the suggestion that the state mobilization of the category of disability provides us with a unique way to identify, understand and analyse settler-colonial power and the interrelationship of disability, settler-colonial immigration regimes and Indigenous people under its enterprise. (shrink)

I thank Michael Symons and Dr Paul Rule for comments on this paper; and Channel 10’s Chris Kenny and Grant Heading for access to the uncut tape of Mr Kenny’s interview with Mr Milera.

Many professional football clubs in Europe have youth academies. The business model of such academies is that a club invests resources in training a player and then, when the player is old enough to sign an adult contract, either sells the player or offers him an adult contract. According to Fédération Internationale De Football Association (FIFA), international transfers of players are only permitted if the player is over the age of 18. There are five exceptions to this rule. (...) One of them is that if the player is between 16 and 18 and the transfer takes place within the territory of the European Economic Area (EEA), then an international transfer is allowed. This article is a discussion of the FIFA rules that mandate non-uniform age limits for when players can first transfer to clubs within the EEA area. The conclusion of the article is that FIFA is morally unjustified in setting a higher minimum age for transfer to EEA clubs for non-EEA players than for EEA players. The article first develops an argument for its conclusion. It then discusses, and rejects, the five best objections to this argument. (shrink)