体育法学:作为法律体系的体育和游戏

IF 1.2 3区 哲学 Q3 ETHICS
J. Cooper
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引用次数: 0

摘要

这本书的中心前提是借鉴了一个熟悉的观察,即体育和基于国家的法律体系都是有规则的实践,它们有很多共同点:正如作者所说,“体育和游戏,在一个清晰而可识别的意义上,是法律体系”。考虑到这个前提,这本书的目的是让一些内容更充实(通过举例和提出相关的比较),更有趣的是,促使读者思考是否有什么东西可以从对方身上学到。然而,作者也对不同运动进行了有趣的比较,并提供了理论和哲学概念的介绍,以帮助支持和证明比较,并帮助读者思考目标和目的,或在任何情况下创建和解释规则。因此,这本书是法律系学生和法律导师(而不仅仅是那些对体育感兴趣的人)的绝佳资源,他们应该能够抓住精心挑选的例子和摘录,以发展对关键法律概念和技能的理解,以及与法律和体育同样相关的潜在伦理和哲学概念。特别值得注意的是反复出现的下列主题:定义和解释、制裁的目的和性质、规则和标准之间的区别、自由裁量权的使用和选择证明标准的理由。虽然这本书主要是针对法律观众,它应该证明对体育哲学家的兴趣,作为一个机会,反思不同的体育和法律制度如何处理一些出现的道德问题。它还提供了一个体育例子的来源,从中得出有趣的道德困境,让学生参与其中。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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.
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来源期刊
CiteScore
1.90
自引率
14.30%
发文量
24
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.
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