{"title":"体育法学:作为法律体系的体育和游戏","authors":"J. Cooper","doi":"10.1080/00948705.2022.2105705","DOIUrl":null,"url":null,"abstract":"The central premise of the book draws on the familiar observation that sport and state based legal systems are both rule governed practices that share a great deal in common: as the authors put it, ‘sports and games are, in a clear and recogniz-able sense, legal systems’. With that premise in mind, the book aims to both put some flesh on the bones (by suggesting examples and putting forward relevant comparisons) and, more interestingly, to prompt the reader to consider whether there is anything that each can take from the other. However, the authors also make interesting comparisons between sports and provide introductions to theoretical and philosophical concepts to help underpin and justify comparisons and to assist the reader in thinking about the aims and purposes or creating and interpreting rules in any context. As a result, the book is an excellent resource for law students and law tutors (and not just those interested in sport) who should be able to latch on to the well-chosen examples and extracts to develop under-standing of key legal concepts and skills and also underlying ethical and philosophical concepts that are equally relevant to law and sport. Of particular note are the recurring themes of definition and interpretation, the purpose and nature of sanctions, the difference between rules and standards, the use of discretion and the rationale for choosing standards of proof. Whilst the book is primarily aimed at a legal audience, it should prove of interest for philosophers of sport as an opportunity to reflect on how different sports and legal systems deal with some of the ethical problems that arise. It also provides a source of sporting examples from which to draw interesting ethical dilemmas to engage students with.","PeriodicalId":46532,"journal":{"name":"Journal of the Philosophy of Sport","volume":"49 1","pages":"414 - 419"},"PeriodicalIF":1.2000,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The jurisprudence of sport: sports and games as legal systems\",\"authors\":\"J. Cooper\",\"doi\":\"10.1080/00948705.2022.2105705\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The central premise of the book draws on the familiar observation that sport and state based legal systems are both rule governed practices that share a great deal in common: as the authors put it, ‘sports and games are, in a clear and recogniz-able sense, legal systems’. With that premise in mind, the book aims to both put some flesh on the bones (by suggesting examples and putting forward relevant comparisons) and, more interestingly, to prompt the reader to consider whether there is anything that each can take from the other. However, the authors also make interesting comparisons between sports and provide introductions to theoretical and philosophical concepts to help underpin and justify comparisons and to assist the reader in thinking about the aims and purposes or creating and interpreting rules in any context. As a result, the book is an excellent resource for law students and law tutors (and not just those interested in sport) who should be able to latch on to the well-chosen examples and extracts to develop under-standing of key legal concepts and skills and also underlying ethical and philosophical concepts that are equally relevant to law and sport. Of particular note are the recurring themes of definition and interpretation, the purpose and nature of sanctions, the difference between rules and standards, the use of discretion and the rationale for choosing standards of proof. Whilst the book is primarily aimed at a legal audience, it should prove of interest for philosophers of sport as an opportunity to reflect on how different sports and legal systems deal with some of the ethical problems that arise. It also provides a source of sporting examples from which to draw interesting ethical dilemmas to engage students with.\",\"PeriodicalId\":46532,\"journal\":{\"name\":\"Journal of the Philosophy of Sport\",\"volume\":\"49 1\",\"pages\":\"414 - 419\"},\"PeriodicalIF\":1.2000,\"publicationDate\":\"2022-08-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of the Philosophy of Sport\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://doi.org/10.1080/00948705.2022.2105705\",\"RegionNum\":3,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ETHICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of the Philosophy of Sport","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1080/00948705.2022.2105705","RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ETHICS","Score":null,"Total":0}
The jurisprudence of sport: sports and games as legal systems
The central premise of the book draws on the familiar observation that sport and state based legal systems are both rule governed practices that share a great deal in common: as the authors put it, ‘sports and games are, in a clear and recogniz-able sense, legal systems’. With that premise in mind, the book aims to both put some flesh on the bones (by suggesting examples and putting forward relevant comparisons) and, more interestingly, to prompt the reader to consider whether there is anything that each can take from the other. However, the authors also make interesting comparisons between sports and provide introductions to theoretical and philosophical concepts to help underpin and justify comparisons and to assist the reader in thinking about the aims and purposes or creating and interpreting rules in any context. As a result, the book is an excellent resource for law students and law tutors (and not just those interested in sport) who should be able to latch on to the well-chosen examples and extracts to develop under-standing of key legal concepts and skills and also underlying ethical and philosophical concepts that are equally relevant to law and sport. Of particular note are the recurring themes of definition and interpretation, the purpose and nature of sanctions, the difference between rules and standards, the use of discretion and the rationale for choosing standards of proof. Whilst the book is primarily aimed at a legal audience, it should prove of interest for philosophers of sport as an opportunity to reflect on how different sports and legal systems deal with some of the ethical problems that arise. It also provides a source of sporting examples from which to draw interesting ethical dilemmas to engage students with.
期刊介绍:
The Journal of the Philosophy of Sport (JPS) is the most respected medium for communicating contemporary philosophic thought with regard to sport. It contains stimulating articles, critical reviews of work completed, and philosophic discussions about the philosophy of sport. JPS is published twice a year for the International Association for the Philosophy of Sport; members receive it as part of their membership. To subscribe to either the print or e-version of JPS, press the Subscribe or Renew button at the top of this screen.