sports ethics essay

What Role Does Ethics Play in Sports?

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What Role Does Ethics Play in Sports?

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Distinguishing between gamesmanship and sportsmanship.

To understand the role ethics plays in sport and competition, it is important to make a distinction between gamesmanship and sportsmanship.

Gamesmanship is built on the principle that winning is everything. Athletes and coaches are encouraged to bend the rules wherever possible in order to gain a competitive advantage over an opponent, and to pay less attention to the safety and welfare of the competition. Some of the key tenants of gamesmanship are:

  • Winning is everything
  • It's only cheating if you get caught
  • It is the referee's job to catch wrongdoing, and the athletes and coaches have no inherent responsibility to follow the rules
  • The ends always justify the means

Some examples of gamesmanship are:

  • Faking a foul or injury
  • Attempting to get a head start in a race
  • Tampering with equipment, such as corking a baseball bat in order to hit the ball farther
  • Covert personal fouls, such as grabbing a player underwater during a water polo match
  • Inflicting pain on an opponent with the intention of knocking him or her out of the game, like the Saint's bounty scandal
  • The use of performance-enhancing drugs
  • Taunting or intimidating an opponent
  • A coach lying about an athlete's grades in order to keep him or her eligible to play

All of these examples place greater emphasis on the outcome of the game than on the manner in which it is played.

A more ethical approach to athletics is sportsmanship. Under a sportsmanship model, healthy competition is seen as a means of cultivating personal honor, virtue, and character. It contributes to a community of respect and trust between competitors and in society. The goal in sportsmanship is not simply to win, but to pursue victory with honor by giving one's best effort.

Ethics in sport requires four key virtues: fairness, integrity, responsibility, and respect.

  • All athletes and coaches must follow established rules and guidelines of their respective sport.
  • Teams that seek an unfair competitive advantage over their opponent create an uneven playing field which violates the integrity of the sport.
  • Athletes and coaches are not discriminated against or excluded from participating in a sport based on their race, gender, or sexual orientation.
  • Referees must apply the rules equally to both teams and cannot show bias or personal interest in the outcome.
  • Similar to fairness, in that any athlete who seeks to gain an advantage over his or her opponent by means of a skill that the game itself was not designed to test demonstrates a lack of personal integrity and violates the integrity of the game. For example, when a player fakes being injured or fouled in soccer, he or she is not acting in a sportsmanlike manner because the game of soccer is not designed to measure an athlete's ability to flop. Faking is a way of intentionally deceiving an official into making a bad call, which only hurts the credibility of the officiating and ultimately undermines the integrity of the game.

Responsibility

  • To be sportsmanlike requires players and coaches to take responsibility for their performance, as well as their actions on the field. This includes their emotions.
  • Many times athletes and coaches will make excuses as to why they lost the game. The most popular excuse is to blame the officiating. The honorable thing to do instead is to focus only on the aspects of the game that you can control, i.e. your performance, and to question yourself about where you could have done better.
  • Responsibility requires that players and coaches be up to date on the rules and regulations governing their sport.
  • Responsibility demands that players and coaches conduct themselves in an honorable way off the field, as well as on it.
  • All athletes should show respect for teammates, opponents, coaches, and officials.
  • All coaches should show respect for their players, opponents, and officials.
  • All fans, especially parents, should show respect for other fans, as well as both teams and officials.

The sportsmanship model is built on the idea that sport both demonstrates and encourages character development, which then influences the moral character of the broader community. How we each compete in sports can have an effect on our personal moral and ethical behavior outside of the competition.

Some argue for a "bracketed morality" within sports. This approach holds that sport and competition are set apart from real life, and occupy a realm where ethics and moral codes do not apply. Instead, some argue, sports serves as an outlet for our primal aggression and a selfish need for recognition and respect gained through the conquering of an opponent. In this view, aggression and victory are the only virtues. For example, a football player may be described as mean and nasty on the field, but kind and gentle in everyday life. His violent disposition on the field is not wrong because when he is playing the game he is part of an amoral reality that is dictated only by the principle of winning.

An ethical approach to sport rejects this bracketed morality and honors the game and one's opponent through tough but fair play. This means understanding the rules and their importance in encouraging respect for your opponent, which pushes you to be your best.

Kirk O. Hanson is the executive director of the Markkula Center for Applied Ethics. Matt Savage was a Hackworth Fellow at the Center. These materials were prepared for the Institute for Sports Law and Ethics, of which the Markkula Center is a partner organization.

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Ethical Concerns in Sport: When the Will to Win Exceed the Spirit of Sport

Nancy vargas-mendoza.

1 Área Académica de Nutrición, ICSa, Universidad Autónoma del Estado de Hidalgo, Pachuca de Soto CP42000, Mexico; moc.liamtoh@azodnem_sagravn

Tomás Fregoso-Aguilar

2 Depto. de Fisiología, Laboratorio de Hormonas y Conducta, ENCB Campus Zacatenco, Instituto Politécnico Nacional, Ciudad de Mexico 07700, Mexico; moc.liamtoh@ogoloiboisif

Eduardo Madrigal-Santillán

3 Laboratorio de Medicina de Conservación, Escuela Superior de Medicina, Instituto Politécnico Nacional, Plan de San Luis y Díaz Mirón, Ciudad de Mexico CP 11340, Mexico; xm.moc.oohay@xmsmoe

Ángel Morales-González

4 Escuela Superior de Cómputo, Instituto Politécnico Nacional, Av. Juan de Dios Bátiz s/n esquina Miguel Othón de Mendizabal, Unidad Profesional Adolfo López Mateos, Ciudad de Mexico CP 07738, Mexico; xm.npi@selaromna

José A. Morales-González

Background : The need to advance and achieve success is deeply ingrained in human evolution. As a species, humans developed instincts that allowed them to survive and transmit their genes along generations. The will to win is an instinct that has been maintained in the species for millions of years. Sport is an activity as old as humans themselves and is subject to rules; Objective : The proposal of this work is to explore some of the most recurrent practices to achieve the athletes’ goals, and the origins and historical use of methods or substances to improve performance and its regulation, as well as to review the impact of new technologies on achieving better results and to make a proposal of what actions should be takenin order to prevent bad practices; Methods : A narrative literature review of ethical sports issues and decision-making was performed in the English language; Results : Practically all behavior with regards to the theme of sports is regulated by ethical codes that must be followed by sportspersons, as well as by everyone involved in the athlete’s healthcare and in the athlete’s administrative, marketing, and business aspects. Notwithstanding this, winning and reaping glory implies a reward far greater than fame and fortune, which can lead to poor ethical practices in athletes, as well as in interested parties who detract from the intrinsic value of the spirit of sports. The will to win could exceed the limits of what is permitted in fair-play, like the use of prohibited methods or substances; Conclusions : In this work, we review some of the bioethical aspects ofsports. Additionally, recommendations are offered for good practices and to prevent falling into poor ethical behavior.

1. Introduction

One of the most important aspects of physical exercise is normally the objective to improve one’s health, prevent diseases, leisure, recreation, etc. However, when it comes to sport, the meaning of physical exercise takes on an aspect of competitiveness. For a recreational sportsman, that is to say, one who actually plays a certain sport without putting in extraordinary effort and a great investment of time, or one whose professional life does not depend on the sport, finds in that activity, an opportunity for the development of his physical, emotional, and mental faculties. In contrast, when you become a high-performance athlete, the pressure to win produces a totally different effect. The win means becoming the center of attention for many, from the guild of athletes in that sport to the whole nation or even the world. Elite athletes become characters with a specific weight in society, permeating into spaces that other people may not reach, accessing the so-called fame and fortune in such a way that achieving victory not only alludes to be filled with glory, but also to be the best. Therefore, this cluster of expectations around the result can lead the athlete to cheat during the movement towards success. Through various ways, we have sought to improve the performance of athletes [ 1 ] by resorting to the use of ergogenic aids from the use of dietary supplements and medications [ 2 ] to using prohibited substances or methods [ 3 ] and using technology that even often goes one step ahead of anti-doping detection methods [ 4 ].

In the present paper, the objective is to provide a perspective of the situations that lead to conduct lacking in the ethical guidelines, not only by the athlete, but also by the multiple parties involved in the sport, such as the medical and health teams, therapists, trainers, directors and team owners, sponsors, relatives, media, etc. The scope and limitations of the study are relegated to the documents published in the most recent databases, as well as to the ethical codes on which the various sports disciplines are based. Despite this, it is known that there is a great lack of formal publications regarding this topic. With this work, in a sense, we hope to contribute to showing the reality around the decision-making process that links bioethics and sport and to be aware that all behavior must be seen under the guidelines of that which is considered appropriate and not appropriate, despite the expected result. This article also requests that value judgments are not made and, instead, that all the factors that intervene in order for an athlete or for those who are involved to be led to make certain decisions are taken into consideration. We see this as an opportunity to learn to take action with different points of view and to generate one’s own criteria and always assume the implied responsibility.

2. Bioethics and Sports

Human coexistence in society has been influenced and determined by implicit or explicit guidelines that indicate what is “good or bad”, deriving from what is defined by “morals”;theetymology of which derives from the Latin “ moris ” or behavior, which is a concrete system of beliefs, practices, and judgments of the first order on what is appropriate or inappropriate within a culture, society, or community, which dictates whether the acts of individuals can be grouped as good or bad. On the other hand, ethics, which is derived from the Latin “ ethos ”, provides the theoretical basis for assessing why something is good or bad [ 5 ].

With the latter, it is possible to state that ethics is a conscious activity of human beings that not only evaluates what is done, but also what is not done because of negligence or the lack of ethical criteria. One concept that arises from ethics is bioethics, which is considered as the systematic study of human behavior in the ambit of the life sciences and health sciences, analyzed in the light of values and moral principles. This science basically includes the relationship of human biological nature and the biological world with the formulation of policies directed toward producing the social well-being of the present and future generations. Bioethics consists of an interdisciplinary dialogue between ethics and life, whose interdisciplinary character takes as a given that this science finds support in various disciplines, from the medical to the humanist, economic, philosophical, political, and legal disciplines [ 5 ].

In turn, there arises, within the framework of bioethics, the concept of medical ethics, described since the beginning of the 19th century by the English Physician Thomas Percival. Percival combines philosophy and science; thus, he refers to a science of reason and, as in all sciences, it has as its purpose the search for truth, which is objective, unique, and independent of the observer (in this case, the medical investigator). When medical ethics is centered on the physician, how they act is studied and scored as good or poor, according to whether it is voluntary and conscious. The bases of medical ethics are focused on the following four main principles: autonomy, beneficence, no maleficence (do no harm), and justice, as well as the diverse values that comprise the guidelines for their application [ 5 ].

The term coined as sports sciences alludes to the formal scientific study of sports from various angles. It is understood as the disciplinary set oriented toward the study and understanding of sports and physical activity. Sport in itself includes the practice of an activity and is subject to determined regulations and it nearly always entertains competitive ends. Sports is, then, a human practice as old as humans themselves and that, with the passage of time, has polished the conceptualization of and the rules that determine it. The practice of a sport normally has a recreational purpose, a professional purpose, or is a means of improving health. On addressing the rules, it is understood that sport thus obeys precepts of what should and should not be done or, as mentioned previously, of what is good or bad [ 6 ].

The formal study of sports has led to the increase in the number of disciplines devoted to the investigation and application of scientific knowledge among which the health sciences can be listed. Other disciplines include Biomedicine, Pharmacology, Genetics, Nutrition, Kinesiology, Toxicology, Biomechanics, Psychology, and Physiotherapy, to mention a few. The object of sports science is for each one to achieve, from scientific bases, the increasing optimization of the multi-causal performance of the athlete. It is thus that bioethics applied to sport analyzes the decisions that, in the health sciences, are carried out by all of those involved in the health care of the patient/sportsperson, including the physician and health professionals, relatives, trainers/coaches, technical directors, team owners, referees, and legislators, to mention a few of the most important of these individuals [ 7 ].

In the global sense, bioethics reflects on the problems deriving from the scientific and technological expansion in the practice of the medical and biological sciences and their social repercussions, both present and future, which calls for the responsible management of human life.Therefore, the multi- and trans-disciplinary study of sport becomes a facilitator of the bioethical integration of scientific and professional activities, as well as in the legislative structures and decision-making with the consequent inclusion of respect, the promotion of human life and of the person, and of their human rights in the biomedical sector [ 8 ].

3. Ethical and Poorly Ethical Practices in Sports

Practically all behavior regarding the theme of sports is regulated by ethical codes that should be followed by the sportspersons, as well as by all of those involved in healthcare and in the administrative, marketing, and business parts. Next, we will approach some of the situations that frequently reflect evidence of what “should be” and “should not be” in the practice of sports, highlighting the participation of the physician and the health team, trainers and coaches, as well as the sportspersons themselves [ 6 ].

A variety of ethical problems in the area of the sportsperson results in the intervention of multiple interested parties in the sports franchises and, above all, in terms of the sports teams. Among these interested parties, we find the healthcare team (physicians, trainers, physical therapists, nutritionists) [ 9 ], the athletes themselves, and the board of directors (made up of technical directors or trainers, the general manager and, in the case of professional teams, the team owner or owners). In a similar fashion, relatives, sales agents, or fans may be involved as well [ 7 ].

In this respect, health is a fundamental aspect in the well-being and performance of the athlete; thus, the healthcare team is frequently under pressure in terms of the management of an injured athlete who needs to be returned to their sports activity as soon as possible. This pressure is exercised above all by the organization and, in many cases, by the sportspersons themselves. Therefore, this has led to practices that place the athlete’s health and physical integrity at risk. To mention an example, the excessive use of analgesics has been reported,whichallows the injured athlete to continue playing in a game that, at that moment, would appear to benefit the team but, in reality, would worsen the injury and in the long-term, could have negative effects, probably generating a greater cost in all respects [ 7 , 10 ].

Various physicians who are responsible for professional sports teams have mentioned experiencing pressure from the technical directors and team owners to make it possible for the player to return to training sessions and games with a minimal recuperation time. It is noteworthy that the sportsperson, for the most part, wants to return rapidly to their sports activity independently of the degree of injury or whether some type of surgical intervention is required. The pressure exerted by multiple parties has brought to light the use of little-recommended practices to produce a rapid recovery that can even go against the ethical practices of medical management [ 11 ].

It is a fact that the board of directors tends to exert pressure on the physician who engages in these practices and, on the other hand, on the athletes themselves to accelerate their recovery, implementing certain fear with regard to the annulment of their contracts or salaries due to the loss of time during recuperation. In this respect, it is the players themselves who pressure the physician to make use of more intensive recovery methods or techniques that, in the short-term, appear to be effective, notwithstanding that, in the long-term, these can be risky [ 12 ].

A frequently observed situation is that the players undergo not only physical, but also psychological, injuries. The response on confronting a serious injury can be very diverse in athletes. It has been heard said that for those who can take the injury as a natural situation to which any athlete is exposed to on a day-to-day basis with the practice of sports, the only thing needed is to rest and recover in order to get back into physical shape again. The athlete who perceives the injury as a disaster can undergo a strong impact psychologically. It is common for the athletes in the latter category to tend to accelerate their recovery process in order to return to their sports as soon as possible, to the degree that they find themselves forced to return to training or playing under intense pain, which makes them more respected by their team members compared to than those who decide to take more time to recuperate [ 1 ]. Those who choose to rest become prey to jokes and abuse by the other players. Therefore, gaining the respect and admiration of their teammates tends to be an incentive for the player’s ego that makes the physical suffering worthwhile, even though they have not yet recovered from their injury [ 13 ].

It is so important for a player to keep active within the team that, according to some sports medicine reports, various players have not revealed the extent of their injuries for fear that the physician would inform the trainer or technical director of the nature of their injury and that the player would be removed from the training sessions or the game [ 14 ]. The physician’s preparation and knowledge confer upon them the capacity to be aware of the situation and it is in these cases that the athlete asks the physician not to inform the trainer or technical director about the true situation. Sometimes the athlete even proposes the use of little-recommended substances or techniques to the physician in order to hasten the athlete’s recovery [ 3 ].

Team physicians also undergo pressure from the board of directors on complying with the demands in terms of management, which is, in the end, a business. Therefore, keeping the board of directors satisfied permits these physicians to possess a privileged position that affords them, up to a certain point, benefits such as status within a team of healthcare professionals. This implies the possession of special power in terms of decision-making if some type of reward or personal interest is involved outside of the context, which increases the risk of falling into marginally ethical behaviors [ 9 , 15 ].

The doctor/patient relationship can be influenced by the hierarchical position in the organization that physicians occupy and the relationship that they entertain in terms of the board of directors. This conflict of interest occurs at a core point concerned with the surveillance of professional ethical behavior. From this, we can derive the following questions: How should the position of the Sports Physician be structured? Are the medical ethical guidelines established for the real management of the patient/athlete updated? Ideally, the behaviors should be established through contractual obligations that take the ethical behaviors for granted, but it is uncertain how the contract exerts an influence on the physician’s duties regarding the confidentiality and well-being of the patient/athlete [ 10 , 15 , 16 ].

3.1. The Use of Illegal Substances and Doping

The achievement of fame, victory, and recognition was the objective of athletes in the early Olympic Games. Today, these objectives continue to comprise the most important reasons for winning for the competitors. The difference lies in that there is a reigning factor in the motivation: the money. For an elite athlete, to win a medal or international championship is a guarantee ofgenerating lucrative contracts and juicy winnings in the future, ensuring their fame at the highest level [ 17 ]. The pressure to reach or maintain this position gives rise to the recurring temptation to use prohibited methods or substances [ 18 , 19 ].

It is a reality that, at present, sportspersons are able to count on an immense variety of tools to improve their performance in comparison to the past. This type of support is known as “ergogenic aids”, which are defined as any training technique, mechanical artifact, nutritional practice, pharmacological method, or psychological technique that improves the performance, sports capacity, and/or theadaptations to training. It can include aids that allow the individual to prepare prior to the exercise or to improve the effectiveness of the exercise and/or in the recuperation process. These types of aids also permit the individual to tolerate more intense training, helping them to recover more rapidly, or helping them to be injury-free for as long as possible [ 20 ]. In this argument, one must distinguish the point at which it is possible to utilize ergogenic aids without crossing the line of what is not permitted to be used for the optimization of sports performances [ 21 ].

Historical Antecedents of Doping in Sports

Survival is a basic need of all species. Humans struggle constantly to advance and the desire for success is found deep in their desire to evolve. The will to win is an instinct that has been preserved in the species for millions of years. The drive toward achieving victory and avoiding defeat is profoundly rooted and is one of the most extraordinary aspects in the history of human evolution [ 22 ].

The most primitive instincts, such as competition, fear, finding food, and assuming risks, had to be developed millions of year ago to ensure the survival of our species. It has now been some four and a half million years ago that the first human ancestors lived and were required to develop their instincts to obtain caloric foods to survive and transmit their genes to the following generations. During this constant struggle, the instinct of competition was perfected to the degree that it was capable of providing a trigger when one waswinning; whether thatinvolves getting a job, being more prominent, or even winning an Olympic Medal, the responses are the same in any case. This marvelous instinct remains among us and is closely related tothe history of sports activities [ 23 ]. In the theory of the evolution of sports, it was established that the most popular sports among males require the development of skills necessary for success in physical competitions that are similar to hunting and events involving the struggles that primitive males underwent. On the other hand, winning athletes gain a privileged status that offers them better reproductive opportunities in ways similar to those that our ancestors obtained through hunting and triumphs in battle [ 24 ].

On understanding that humans had to engage in enormous physical efforts to hunt animals of extraordinarily great dimensions, to overtake exceedingly fast animals, and to escape from them, we know that they had to develop physical qualities and aptitudes such as strength, speed, potency, and resistance that, later, would be necessary to perform sports activities. Sport aroseas a playful activity and one of amusement, but also as a need to demonstrate who is the strongest and the fittest for survival, remembering that the most adapted human is the one who cantransmit their genes, ensuring the survival of their species [ 24 ]. For our ancestors, a key advantage was possessing competitive instincts [ 25 ].

It is surprising to see how, anatomically and physiologically, our body and brain came to mold themselves, working in harmony to provide us with a pleasant experience when we win. In a battle against an opponent, when one has the sensation of winning, the nervous system functions in such a way that our attention is at its finest, our reflexes are at their most rapid state, and our responses are at their most efficient state. Once victory is ensured, a physiological response that makes us experience the reward associated with the release of dopamine is triggered, which stimulates the brain, creating a profound sensation of pleasure and well-being. Next, endomorphins are released, which are opioid peptides that work as neurotransmitters, combatting fatigue, pain, and the sensation of euphoria, which minimizes the perception of pain due to its analgesic effect although the individual has suffered an injury, stopping the sensation of pain from reaching the medulla and the brain. The chemical discharge of adrenalin continues by means of the suprarenal glands and the release of testosterone from the gonads toward the bloodstream during the competition provides strength, helps us to maintain a state of alertness, and allows for a more rapid recuperation. Adrenalin increases the respiratory frequency and cardiac rate, ensuring the flow of oxygenated blood to the muscles and brain. This situation facilitates the individual to be found in their best physical state, disposed to face another competition. The process described above is identical in the sports contest [ 26 ].

Contrariwise, losing is a much more prolonged and painful experience than that which can arise from winning; in other words, failure feels terrible. When one has the sensation of beginning to lose the competition or struggle, the perception of tiredness, pain, and fatigue isemphasized. Chemically, there is a release of cortisol, which is a glucocorticoid released under situations of stress by the suprarenal glands that, together with adrenalin, promote the sensation of anxiety and fear. If the loss is catastrophic, it produces immobility in order to protect the brain, avoiding non-essential functions such as voluntary movement; this latter function is one that we share with reptiles. The activity of the vagus nerve is reduced and the blood flow in the gastrointestinal tract diminishes, generating the sensation of a vacuum in the mouth of the stomach. Muscles also undergo a loss of blood supply, with the loss of control of the extremities. In the brain, the hippocampus, which is the zone situated at the interior of the temporal lobe, is stimulated, which participates in important functions in long-term memory. The latter ensures that the loss is remembered forever. Additionally, the amygdala that, together with the hippocampus, forms part of the brain’s limbic system, is known as the center of the emotions. It is charged with transforming that memory into a deep sensation of sadness. All of that creates a penetrating memory of failure so that one will avoid committing the same mistake again. This is one way that the body ensures that the lesson has been learned [ 26 ].

Because we have evolved in a body that affords us a greater reward every time we compete, each time the demand is greater. The biological motivation that leads us to go further in each competition has been the instinctive development of the fear of failure. Because winning makes us feel good and losing makes us feel terrible, the instinctive fear of failure will allow us to do nearly anything to not lose [ 27 ].

In this physiological explanation, another instinct is found to be implicit: the fear of assuming risks. The risk is related toreward and searching for the best reward is part of our evaluative heritage. The greater the need, the greater the risk that one is willing to take for money, food, or anything else. Humans are derived from beings who risked, won, and continued to populate the world [ 27 , 28 ].

In the practice of a sport, in contrast with solely physical exercise, the physical activity developed is subject to rules and statutes with competitive ends. Therefore, it can be stated that the basis of sports was founded on the competitive instincts and those of the risks that we inherited. Socially, we have changed a great deal; biologically, we preserved our essence. Sport is also a way that we relate toour peers; it is a way of comparing our position with that of “the other”. Initially, the reward for winning was reinforced by the admiration and respect of those who witnessed the competition, while today, and as mentioned previously, money is the preponderant factor [ 18 , 19 ]. Thus, winning in whichever way possible is the sole objective of every competitor.

In sport, practices to ensure victory by increasing the athletes’ performance have been historically documented. From the first Olympic Games, the consumption of hallucinogenic mushrooms as stimulants was reported. From the beginning of the past century, scientific and medical interest was aroused concerning the diet and training of Olympic athletes that led to the creation of synthetic hormones such as testosterone and the use of nervous system stimulants in Olympic athletes [ 29 ]. In Table 1 , there is a brief description of some of the most relevant historical antecedents with respect to the use of ergogenic substances and the creation of international organisms for the surveillance of the use of prohibited methods and substances [ 30 ].

The historic events concerning the use of performance-enhancing substances.

Modified from Hwang, et al. 2014 [ 30 , 31 ].

3.2. The Regulation of Doping in Sports at Present

WADA [ 32 ] was created in 1999 by the International Olympic Committee (IOC) after, in 1998, a complete network of doping was discovered in elite cycling. The IOC is an independent international agency funded by the sports movement and by the governments of the world. Its main activities include scientific investigation, education, and the development of capacities to detect doping and monitor the world anti-doping code, which is a document that establishes the policies of anti-doping in sports in all of the world’s nations. The agency entertains the creation of a world in which athletes can compete in a doping-free environment as its vision.

This international organization is charged with the impartial, objective, and transparent surveillance of sports practices carried out under the values of the spirit inherent in sports established in the code. It is charged with observing the events under the highest ethical standards, avoiding improper influences and conflicts of interest that could affect its impartial and independent judgment. It is involved in developing policies, procedures, and practices that reflect justice, equity, and integrity [ 33 ].

The world anti-doping program involves all of the following elements to ensure the harmonization of the elements in the practice of national and international programs. The principal elements are as follows [ 34 ]:

  • The international standards.
  • The models of best practices and guidelines.

The world code of anti-doping was adopted for the first time in 2003 and set into motion in 2004. Later, it was revised and modified in the year 2009. In 2015, a review of the code was conducted. It is the reviewed code that is, at present, the code that the World Anti-Doping Agency (WADA) employs for the surveillance of doping in world sports [ 34 , 35 , 36 ]. During the last WADA meeting on 17 November 2017, the proposal was elaborated to change some of the statutes, which were entered into use on 1 April 2018. The code comprises the universal document on which the WADA program is based, and its purpose is to advance the efforts to harmonize the elements of anti-doping, which require uniformity and, at the same time, flexibility, in order to be agreed upon and implemented. The code has been designed by taking into consideration the principles of proportionality and of human rights [ 30 , 35 ].

The purpose of the international standards is the modulation of the world organizations charged with the operational and technical parties of the anti-doping programs. The international standards must be complied with as a mandate of the code; these standards are submitted to constant review by the consultants, association representatives, and international committees, together with other authorities. The revisions of the standards are published on WADA’s Official Page, together with the date on which they were entered into effect [ 32 ].

Models of best practices and guidelines are developed based on the code and international standards with the aim of providing solutions in the different areas of anti-doping. These documents are furnished by WADA to signatories and other interested parties, but are not obligatory: they function as recommended guidelines and can be utilized as models for organizations to design their own codes based on the WADA code. All of this information is available on the official WADA website [ 34 , 37 ].

Now, what is the objective of regulating the ethical principles based on the WADA program? The answer is that they seek to preserve the intrinsic value of sports, frequently called the “spirit of sports”, the Olympic spirit, the essence of Olympus, the pursuit of human excellence through perfecting a person’s natural talents. The spirit of sports is the celebration of the spirit, body, and mind and is reflected in the values that we find through sports, such as [ 34 ]:

  • - Ethics of the fair and honest game.
  • - Excellence in performance.
  • - Character and education.
  • - Fun and good cheering.
  • - Teamwork.
  • - Dedication and commitment.
  • - Respect for the rules and laws.
  • - Self-respect and respect for the other participants.
  • - Community and solidarity.

Doping is fundamentally against the spirit of sports. Fighting against doping requires each anti-doping organization to develop and implement educative strategies and prevention programs for athletes.

WADA, in Article 1 of its code, considers doping to be positive when it incurs one of the violations established in Article 2.1 up to 2.10 [ 34 ].

The following are considered violations of the rules of anti-doping:

  • Presence of prohibited substances or their metabolites or markers in samples from the athlete.
  • Use or the intent to use some prohibited substance or method.
  • Evading, refusing, or failing in the taking or delivery of the sample.
  • Any combination of three failed tests.
  • Manipulation or the intent to manipulate any part of the anti-doping process.
  • Possession of prohibited substances or prohibited methods.
  • Trafficking or the intent to traffic any prohibited substance or prohibited method.
  • Administration or intent to administer any prohibited substance or prohibited method inside and/or outside of the competition.
  • Complicity to promote, aid, guide, encourage, conspire, cover, or any type of other complicity related to the violation of the anti-doping code.
  • Prohibited association between the athlete or some other person and the association of the responsible authorities of the code.

For their part, the prohibited substances or prohibited methods are made known each year through a list of prohibited substances on their official page. The list is updated at their meeting officiated in the month of October by the authorities and individuals active in each association involved in different countries and is valid from January 1 of each year [ 38 ].

The valid list for 2018 [ 37 ] takes prohibited substances into consideration at any time inside and outside of the competition:

S0. Unapproved substances . Any pharmacological substance that is not under the direction of any of the subsequent sections of the list and that is not currently approved by some governmental regulatory health authority for human therapeutic use (for example, drugs under pre-clinical, clinical, or discontinued development, designer drugs, substances approved only for veterinary use) is prohibited at any time. This considers the following substances:

  • - S1. Anabolic agents
  • - S2. Peptidic hormones, growth factors, and substances related and mimicking these
  • - S3. Beta agonists
  • - S4. Hormones and metabolic modulators
  • - S5. Diuretics and masking agents

This list consists of the Prohibited Methods:

  • - M1. Manipulation of the blood or its components
  • - M2. Physical or chemical manipulation
  • - M3. Genetic doping

During competition periods, the use of the following is strictly prohibited:

  • - S6. Stimulants
  • - S7. Narcotics
  • - S8. Cannabinoids
  • - S9. Glucocorticoids

Within the list, a heading that specifies the prohibition of the use of beta-blocking substances for sports is included. For further information about specific substances or methods, consult the extended 2018 list [ 37 ] emitted by WADA on their official website [ 32 ].

Within this frame of reference, the practice of promoting the use of substances that promote the performance of athletes without affecting health is important. One must constantly review the regulations models, as it is evident that ethical practices are not always ensured in the search for the win. Is using prohibited substances or methods to win worth the risk involved? How much greater is the need to win for those who have less? Their lives would be changed for the better if they win, of course, but the risk is greater, and the consequences can be catastrophic in all respects [ 39 ].

For elite sportspersons, the recent availability of prohibited substances that are identical to those produced by the human body seriously limits the viability of anti-doping tests [ 40 ]. Therefore, the need has arisen to design what is known as the Athlete Biological Passport (ABP), sustained in the monitoring of doping markers personalized for each sportsperson. This new paradigm supplies sufficient proof that the athlete can participate in a competition in an adequate physiological state free from substances or methods that are not permitted. At the same time, it can be useful as a platform for the regulation of the sport [ 41 , 42 ].

However, the use of technology has been supporting the development of innovative methods that seem almost imperceptible by the current means of detection. Such is the case of genetic doping (gene doping) that, in recent years, has emerged due to the contributions that the Genomic sciences have made to the field of medicine. Genetic doping is an elegant way of cheating in sports because this technique involves the most profound form of manipulation: genetic alteration [ 18 ]. The study of the genome has allowed human beings to identify key genes in the development of the athlete because they have a preponderant role in sports physiology. Among these genes are the erythropoietin gene (EPO gene) for the increase of the erythrocyte mass, the endorphin/enkephalin genes (endorphin/enkephalin genes) that improve pain tolerance, the vascular endothelial growth factor gene (vascular endothelial growth factor VEGF gene) that promotes angiogenesis, the growth factor similar to insulin type 1 (insulin-like growth factor type 1, IGF-1 gene) that allows the increase of the muscle mass, and the transforming growth factor (transforming growth factor-B, TGF-B gene) which inhibits myostatin, among others. The ethical dilemma arises from asking the question: to what extent is it valid to resort to these tools to achieve the desired objective? Under what criteria does the athlete, coach, or interested party determine the appropriateness of these methods? Is it worthwhile to circumvent the codes of ethics in order to win? It is a sensitive issue that occurs more frequently than you think. It is convenient to make use of the conscience and reason in making decisions that can permanently affect the future of one’s sports career if the truth comes to light [ 43 ].

4. New Technologies in the Sports Sciences and Their Ethical Use

The field of biomedical sciences in sports is very promising in terms of carrying out investigations and testing innovative procedures, into which large companies invest large sums of money [ 44 ]. In order to perform their tests and obtain investigative data, these corporations are able to achieve links with important sports teams, thus having an apparently reliable scientific backup because the majority of these novel technologies lack scientific information to support them. In the case of accepting the implementation of such experimentations, the physician should conduct a review of the scientific literature published to date on the new procedure or technology under study prior to administering it to the patient. Once the professional possesses the greatest possible amount of information, it is necessary to obtain the informed consent of the patient or athlete, explaining in detail all of the aspects of the procedure, and even informing the patient or athlete of the still unknown possible consequences that could occur as part of the clinical assay [ 45 ].

The sports health team is periodically bombarded with pressure to employ new devices or cutting-edge technology. One example of this is the use of the Direct-To-Consumer (DTC) Genetic Test, which claims that it is capable of identifying sports talent in children despite there not being sufficient scientific evidence to back it up [ 46 ]. In recent years, different laboratories have come to the fore by offering these tests directed toward trainers, athletes, and physicians, and parents or guardians in the case of minors. These DTC tests are used for determining gene expression when confronted with different stimuli, such as different components of the diet, which has been dominated by Nutrigenomics [ 47 ]. In the sports world, these tests have been employed to motivate athletes to consume dietetic supplements of vitamins, minerals, and other compounds that affirm that they have a significant impact on high performance. These tests consist of obtaining a sample of the oral mucosa or saliva, which can be taken easily at home and sent to the laboratory for processing. Frequently, the results obtained by the laboratories are taken advantage of to offer additional services such as personalized training programs, supplements, or supposedly individualized nutritional strategies, evidently adding additional costs to the initial payment [ 48 , 49 ].

Among the services that these companies have a tendency to offer, we find the possibility of discovering genes associated with increasing the sports performance and knowing the innate strengths with which the athlete is equipped, as well as their natural limitations, among others ( Table 2 ). However, to date, the scientific evidence that supports this is extremely weak [ 50 ].

The services offered by laboratories and the athletic skills described by the Direct-To-Consumer test [ 46 , 50 ].

The early identification of sports talent represents a great opportunity to invest time, money, and effort focused on the innate qualities and aptitudes of the athlete, specifically in children [ 51 ]. It is known that professional sport is a highly lucrative ambition; thus, the early detection of sports talents presupposes success, in that, based on the previous genetic diagnoses, trainers or parents can plan training regiments with greater certainty. On their part, the physician and/or physical therapist can establish training regiments or therapies to optimize the rehabilitation time. The nutritionist would have the possibility of designing dietetic, hydration, and sports supplementation plans based on the genetic response of the athlete to exposure to certain nutrients or biomolecules that appear to influence sports performance, as well as the necessity to mention this to each of the professionals in their area [ 47 ].

It is true that genetic tests, after their implementation in the detection of the human genome, have come to be employed frequently in clinical use to detect certain genetic diseases and in the identification of polymorphisms that permit identifying possible risks in the development of some disease or conditions, especially those that are pathological. While costs have changed over the past two decades, the initial cost of DNA sequencing rose to various thousands of millions of dollars; currently, the cost of a DTC test is one thousand dollars. This refers to the greater accessibility of this type of technology. This accessibility opened the door to multiple areas of science to make use of biotechnologies in the generation of new knowledge and its application in practice. Of course, the sports sciences also saw their area of opportunity in the early detection of athletic qualities in children and young people with the purpose of channeling them into a sport akin to their supposedly innate sports skills, qualities, and capacities [ 52 ].

Despite the accessibility that is available today to defray the cost of genetic sequencing tests, the interpretation of these tests continues to be found in a marginally developed phase. International ethics committees suggest that the tests be submitted to evaluation in terms of different areas, such as their analytical validity, their validity, and their clinical usefulness such as the social, ethical, and legal implications that their use involves [ 53 ].

At present, there is, to our knowledge, no international regulation that is charged with reviewing the validity and the use of the tests legislation, which varies from country to country. While in countries such as France, Switzerland, Germany, and Portugal, it is established that genetic tests can only be carried out by a specialized medical team; in the U.K., there is no such regulation yet. In the European Union (EU), a regulatory proposal was recently evaluated for DTC tests, in which it was established that companies should supply scientific evidence of the clinical validity of their tests and that these will need specialized medical supervision. On the other hand, in the U.S., a report from the Senate of the Government Accountability Office (GAO) mentions that a genetic test for the Food and Drug Administration (FDA) is considered a medical test if it is manufactured as a kit and sold by a laboratory. In such a case, it is the laboratory that decides whether the tests possess sufficient validity according to the purpose with which it is desired to be utilized. Despite all of the laboratories following the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and complying with all of the quality standards, they still do not have, to our knowledge, a specific regulation for the genetic tests. Therefore, the lack of regulation under this heading remains a problem. It is quite interesting to come to know that there have been mentions of the same DNA samples belonging to the same individual but with distinct names being analyzed and, on being sent to the laboratory, were determined to have different genetic variants. With respect to physical exercise or sports, the results of these tests lend themselves to the recommendation that the use of supplements is overrated, that supplements have not even been tested scientifically, and that these may even be harmful to one’s health [ 46 ].

Thus, the results of these tests can generate implications at the psychological, social, and economic level beyond that of health. First, the expectation generated by obtaining a result in favor of certain innate skills and qualities could be harmful if, after receiving the test, the expected performance is not observed in the subject after being informed of this information and structuring the subject’s training sessions to be channeled toward what was indicated on the test. This would imply psychological consequences in the child, as well as changes in self-esteem and social stigma. In the case of children who are not developed for some sports discipline, there can be frustration on the part of their parents or guardians. Above all, ifthe child’s parents were professional sportspersons, they may decide to have the test conducted to ascertain with greater certainty whether to enroll their child in a specific sport. However, in the end, the child will probably not present the desired results in their development as an athlete because perhaps, simply, their interest lies in other activities and not precisely in that specific sport. Therefore, the parents should be aware that, although they are responsible for decisions concerning their children, they also need to consider the tastes, interests, and opinions of their children. Contrariwise, they will oblige their children to engage in sports activities that imply physical effort, personal sacrifices, and the investment of time that, instead of benefiting them, could cause irreparable damage to their integrity and that could even be considered as a violation of their rights as children [ 14 ].

Current scientific evidence coincides in the study of the genes ACTN3 and ACEI [ 54 ], with which a relationship has been reported with sports development, and it is precisely these genes that are most analyzed and that are offered by the laboratories in their genetic tests [ 55 ]. In spite of this, meta-analyses up to 2017 indicate that there is an association between the genetic variant ACE II and physical performance, especially in resistance, while the genetic variant ACTN3 RR is associated with performance in the sports aspects of speed and power [ 56 ]. Despite this information, on reviewing the strength of the association, the results were found to be insufficiently significant [ 57 ]. A large part of the existing studies has been carried out in other regions of the world. Solely in U.K. databases, it has been reported that there are around 20 million persons, representing one-third of the total population, with an ACTN3 RR genetic variant, and only a very small portion of these have become high-performance athletes. This means that it is not sufficient to have the genetics, but a favorable environment is also required for sports development [ 58 ]. In a study conducted on sprinters of Chinese origin, it was found that the polymorphism ACNT3 R577X exerts an influence on the power and speed of the elite athletes. In a meta-analysis that was carried out in Japanese athletes [ 59 ], an association was confirmed between the RR + RX genotype of the polymorphism ACTN3 R577X and athletes who practice speed and power. In addition, a relationship was confirmed between the ACTN3 RR + RX genotype and the performance of long-distance athletes [ 49 ]. In Italian athletes, the association of the ACTN3 R577X polymorphism and the performance level has not been proven [ 48 ]. As can be observed, the results of the studies conducted among athletes are not conclusive in terms of the association of genetic variants and sports performance.

Another aspect to consider is the enormous genetic variability that exists among ethnicities. Therefore, it would not be appropriate to consider the results of the tests as an absolute if there wereno genetic databases in the country-of-origin for comparison. In any case, it would be more accurate to know the genetic variants related to sports performance by ethnicity; thus, we would perhaps have a less uncertain diagnosis [ 47 ].

Bearing the latter in mind, it must be said that companies that market DTC genetic tests cannot guarantee absolute results based on a sole genetic variant (the most studied variant), which cannot be absolutely proven in all athletes in terms of training and, in any case, regarding the sports destiny of an individual [ 47 ]. Despite this, various companies report the study of up to 27 genetic variants linked with physical performance. In practice, however, the level of scientific evidence that backs any described polymorphism has been very weak or nonexistent to date [ 46 ].

What are the ethical and legal guidelines to consider when carrying out one of these tests and, above all, when making important decisions on the future of a person in sports? At present, there is a consensus in the medical scientific community that states that genetic tests should only be carried out after the interested party has given their informed consent, which can only be proven when the patient has received all of the necessary and relevant information about the process and the risks, benefits, limitations, and the implications of the test. The patient or consumer should have the security that their data will not be utilized forpurposes different from those that have been informed, that the test will be performed by a trained person, and that the interpretations of the results will be analyzed by specialized genetic physicians [ 46 , 60 ].

In relation to testing children, the American Society for Human Genetics recently published that DTC genetic tests in children are not recommendable until the companies offer the service of ensuring the quality, specificity, and validity oftheir tests and until there is adequate consulting before and after the process. Genetic information is potentially sensitive and requires the assurance of the highest level of safety and confidentiality [ 61 ]. Any relevant personal information of the subject under study should be protected and should not be shared with other intents without the consent of the person implicated, according to the current data protection laws. It is necessary to promote reforms in the law with respect to punishing companies that do not strictly comply with the latter [ 46 ].

5. Confidentiality between the Health Professional and the Athlete

Among the ethical codes of health professionals, there is an established obligation of confidentiality that the professional owes to their patient, except in conditions under which safeguarding the information implies some risk for the patient or for third persons. However, the frequently occurring question is, to what point is it permissible for the board of directors or the sports committee to know the medical situation of an athlete without violating this aspect of confidentiality? [ 10 ].

Certainly, a trainer or even the board of directors has a legitimate right to know the medical situation of a new sports talent. Having a record of the past or present relevant medical history is important in order to know the possible susceptibility of the athlete and, in this manner, prevent injury or harm to the athlete. However, in contrast, there is something known as confidential information, concerning the personal history of the athlete. When this information does not interfere with the athlete’s sports performance, the physician is not obliged to inform the trainer or directors of this information. Nonetheless, the physician is not forced to maintain confidentiality when the athlete engages in inappropriate behavior, for example, upontheir consuming some type of prohibited substance to improve their performance [ 62 ]. In this manner, the athlete must be aware that, due to the nature of the process of strict confidentiality, the latter is not guaranteed and even at the beginning of each evaluation, the physician should inform the athlete of this.

With respect to the theme of confidentiality, some reports speak of the management of highly sensitive information on the part of the physician in which the athlete had requested strict confidentiality under his right within the doctor/patient relationship. Despite this, the physician had had to report to the trainer or the board of directors on this event for the good of the athlete, as well as for the good of the interested parties. Next, we list some of the most frequently observed situations [ 11 ]:

  • Some member of the team has some type of infection such as hepatitis or HIV.
  • Some member of the team has some type of disease that requires specific medication and that renders the practice of the sport somewhat dangerous.
  • Some member of the team is taking some type of drug for recreational purposes.
  • Some sportsperson is pregnant and does not wish the board of directors to know her situation for fear of losing her place on the team.
  • Some member of the team is taking some medication to relieve pain despite the indications of the physician based on the knowledge that the drug can cause greater harm.
  • Some member of the team is planning to take or has voluntarily been taking some prohibited substance to improve their performance without the trainer or physician knowing about this.

Another type of pressure with regard to confidentiality is that exercised by the communications media, in the case of professional athletes, who approach the physicians or health teams in charge to obtain information on the status of the athlete/patient. There have been cases in which some physicians who have fallen into behaviors lacking in ethics have provided confidential information on sportspersons in exchange for economic remuneration or publicity for their services. Likewise, privacy is a very sensitive topic that cannot always be ensured due to the accessibility of the media of the sports installations, whether private or public, whichthe athlete attends [ 10 ].

The athletes must be duly informed previously of investigations being carried out that obtain information on the athlete. The individual must give their approval of the investigation and obtained information through informed consent, after which the purpose and use of the patient’s personal medical information should be explained in detail. In conducting such an investigation, there should not be an incompatibility of interests between the investigators and the sources of financing. The evaluating ethical committees responsible for the supervision and approval of the protocol should remain attentive should this arise and, were this the case, it would not be appropriate to confer their consent for the development of the protocol. Studies should be performed and reported on under the aegis of strict honesty and impartiality [ 7 , 10 ].

6. Recommendations for Maintaining Ethical Conduct in Sports

First, on many occasions, there is a tendency toward thinking that, in fact, the health team, after having received a professional formation, knows the ethical principles with which they are to direct their practice because it is known that the ethical codes are reviewed as part of the curriculum of each profession. In any case, it is necessary to offer instruction in the basic principles and concepts of ethics, as well as to constantly receive feedback on the ethical codes deriving from the models of appropriate behavior in professional conduct. Notwithstanding this, one must bear in mind that ethical codes are only frameworks to be used as a reference for decision-making and that they do not offer a specific guideline for the resolution of all ethical problems and dilemmas [ 13 , 16 , 63 ].

Ethical principles in the medical practice determine that the health professional should act in a manner that always seeks the patient’s good interest (athletic or not), even if there is some reward or a position of incentive involved. Thus, there should be key rules for the relationships among physicians, athletes or teams, and organizations, to avoid the physician of the health team from entertaining some interest different from the health and well-being of the athlete in favor of receiving some title, benefit, or the acknowledgment of some favor from the organization or board of directors. In this fashion, the diagnoses and the medical decisions should come under the surveillance of the corresponding ethical committees and medical associations [ 63 , 64 ].

It is important to utilize different reasoning criteria as part of the patient’s care. Prior to making any decision, it is pertinent to listen to the opinion of other professionals who are not involved in the particular case, with the objective of knowing other viewpoints and suggestions on what should be done. In this way, the decision-making on the part of the health team should be founded on professional judgment, always seeking a balance among the ethical principles of the patient’s right to autonomy, the obligation of the professionals to avoid doing harm, generating well-being, conducting a risk-benefit assessment and, at the same time, attempting to satisfy the needs of the interested parties, such as the trainers, the technical directors, and the board of directors [ 63 ].

The health team should share the cases and experiences undergone by their fellow health professionals through the diffusion of information in the form of scientific publications and in spaces such as congresses, symposia, or assemblies of experts in such a way that the discussion invites self-reflection in order to help them to solve problems and to establish solutions for future ethical dilemmas [ 10 , 65 ].

The success of the practice of sports medicine and sciences does not only depend on the skills to render a diagnosis and select the appropriate medical treatment, but also onthe making of ethical decisions. Therefore, the health team should be trained in confronting ethical problems in their professional practice [ 65 , 66 ].

7. Conclusions

In human nature, there will always exist the emotion of getting there first, of avoiding the agony of losing, and the reigning desire for victory; all these are the product of a unique selection of competitive instincts. We have also developed the ability to group ourselves together with the largest brain, which has afforded us the possibility of being a highly competitive species. In the practice of sports, it is clear that to achieve success, it is necessary to make use of these instincts; however, the road to success is paved with ethical principles that signify the appropriate behavior of the sportsperson, as well as that of all other interested parties. To disregard these principles on which ethical codes are sustained is to fail to recognize and to go against the spirit of sports.

Acknowledgments

We appreciate the support of those athletes who shared their experience, the health care professional contributions on ethical decision making.

Author Contributions

J.A.M.-G., Á.M.-G., and N.V.-M. conceived designed the study; N.V.-M., Á.M.-G., T.F.-A., E.M.-S., contributed significantly to the design of the paper, edited and wrote some portion of the paper, compiled the references and analyzed the data; J.A.M.-G. and N.V.-M. wrote the manuscript; all authors read and approved the final manuscript.

This research received no external funding.

Conflicts of Interest

The authors declare no conflict of interest.

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Ethics, Integrity and Well-Being in Elite Sport: A Systematic Review

Authors: Deborah Agnew, Philippa Henderson and Carl Woods

Corresponding Author: Deb Agnew, PhD GPO Box 2100 Adelaide, South Australia, Australia 5001 [email protected] +61 8 8201 3456

Dr. Deborah Agnew: is a lecturer in the School of Education at Flinders University in South Australia. Her research interests include Australian football, masculinity, sports retirement and men’s health. She is a member of the Flinders SHAPE (Sport, Health and Physical Education) Research Centre and teaches in the Bachelor of Sport, Health and Physical Activity.

Ms. Philippa Henderson: has a Masters degree in public health and teaches across a wide variety of health topics in the School of Education and the School of Health Sciences at Flinders University in South Australia. Her research interests include sport, physical activity and well-being as well as the health and well-being of children.

Dr. Carl Woods: is a lecturer of Skill Acquisition and Motor Learning in the Discipline of Sport and Exercise Science at James Cook University. His research primarily focuses on talent identification, talent development and coaching in junior team sports; with a particular interest in Australian football. He currently provides research support to Australian football State Academy programs; with this being oriented around different aspects of performance analysis, skill acquisition and coach education.   Ethics, integrity and well-being in elite sport: A systematic review   ABSTRACT Background: Athletes are expected to be good role models, compete fairly and allow the public insight into their personal lives away from sport. Objective: The purpose of this paper was to conduct a systematic review on integrity, ethics and well-being in elite level sport. Methods: A systematic search of SPORTDiscus, ScienceDirect, Taylor & Francis and Informit was conducted. The selection criteria were; published between 2006-2016, full-text availability, peer reviewed and English language. Twenty-three articles met the criteria for inclusion in this review and were analysed through an inductive thematic synthesis approach. Results: Three themes emerged through the inductive thematic synthesis approach; sportspersonship and ethics, scandal and well-being. The concept of sportspersonship extends beyond the rules of sport and is strongly linked to the character of athletes. Sports environments are a key factor in the well-being of athletes and contribute to the expectations placed on athletes, particularly with regard to winning. Conclusions: Ethics, integrity, sportspersonship and well-being are interrelated concepts in elite sport. Expectations placed on athletes may be unrealistic and may have negative consequences on well-being. It is important to understand the factors contributing to athlete well-being in order to develop strategies to minimize the adversities faced by athletes.

Keywords: Ethics, Integrity, Elite Sport, Systematic Review, Well-being

INTRODUCTION Sports integrity can be defined as “manifestations of the ethics and values which promote community confidence in sports” (Australian Government, 2016). It includes the positive conduct of athletes, coaches, administrators, officials and stakeholders both on and off the field as well as sports performances that are fair and honest (Australian Government, 2016). The integrity of sport may be questioned by those involved in sport, or the general public, when the rules of sport are broken, athletes are not perceived to be playing ‘in the spirit’ of the game, the image of a particular sport is compromised by commercialism, or when cheating occurs either before or during a game (Crocker, 2014).

Integrity is also often linked to the concept of ‘sportspersonship’ (Tregas, Cover & Beasley, 2011). Sportspersonship is argued to have four components; equity; fairness; good form of honour and in the sporting context, the will to win (Abad, 2010). It has also been described as a moral concept given it necessitates the conduct of certain behaviour by sportspeople towards others. Thus, one of its key constituents is that it requires more than one person to be involved, as it is difficult to be unsportpersonlike to oneself (Abad, 2010). Being unsporting includes breaking the rules of sport to gain an unacceptable advantage, as well as displaying behaviours that are perceived as being dishonourable. Summers (2007) states that one of the most unsportsmanlike behaviours is “trash-talking” (negatively taunting comments directed towards ones opponent), as sportspersonship is about fair play and conducting one’s behaviours in a way that is considered within the acceptable bounds of the spirit of the game. Therefore, sportspersonship is not just how an athlete conducts themselves during the competition, but also includes their attitude towards sport (Abad, 2010). For example, not shaking hands after the competition, criticising the sport, being a poor winner or loser and not giving one’s all during the competition are examples of behaviours that would be considered dishonourable, therefore unsporting (Abad 2010).

Sportpersonship, and indeed integrity in sport, are complex concepts in that the four suggested components (equity, fairness, good form of honour and in the sporting context, the will to win) can each be at odds with the other components (Abad, 2010). Connor (2009) contends that sport itself is not fair or equitable because the broader social context in which sport exists creates disparities that affect the ability of prospective athletes to be successful. The will to win requires giving one’s all in the competitive environment, however, this can lead to an athlete going to extreme performance enhancement measures to gain a competitive advantage. Connor (2009) argues that modern sport is not natural, and is a ‘cultural activity within a social context’ (p. 331). Further, he argues that the will to win is influenced by the profitability of being successful which can lead to an athlete engaging in unsporting behaviours. In order to be continually offered contracts and sponsorships, an athlete must win, or there are a plethora of other athletes who will take their place (Connor, 2009). The pressure this puts on athletes can lead towards doing anything to keep winning. Martens (2013) suggests that due to many athletes scoring highly on measures of sensation seeking, they may be predisposed to engaging in risky behaviours. One of the fundamental characteristics of sportspersonship is fair play (Abad, 2010), therefore the use of performance enhancing substances by athletes incurs ethical considerations regarding fairness (Martens, 2013). Connor (2009) argues that the use of performance enhancing substances should not be perceived as an individual act by an athlete but must be considered within the broader social context which has a significant influence. The use of performance enhancing substances by an individual therefore occurs as a result of the social forces placed upon the athlete and is not necessarily purely a result of the athlete having questionable ethical attitudes (Connor, 2009).

Doty (2006) argues that traits associated with having a ‘good character’ include showing respect and integrity, which suggests that a person’s character can be demonstrated through actions and behaviours. In the highly variable sporting context, athletes’ actions are often immediate and instinctive and may not be a reflection of the person’s beliefs, rather a product of the stressful and emotional environment in which they are participating. How they act, however, regardless of whether it is perceived to be positively or negatively, becomes a reflection of their overall character (Doty, 2006). Lines (2001) states that sports stars are often portrayed as being the epitome of social values and are therefore constructed in a heroic manner. However, alternative constructions through the media see sports ‘heroes’ being perceived as damaged if they are caught engaging in behaviours that are considered reflections of the problems in society such as adultery, gambling, drugs, drunken exploits and intimate partner violence (Lines, 2001). An analysis of Australian media highlighted that there is a high amount of attention attributed to athlete off-field transgressions (Osborne, Sherry & Nicholson, 2016). The transgressions that were most frequently reported included recreational drug use, assault, and professional misconduct. Other transgressions included gambling, racism, criminal damage and possession of illegal goods (Osborne et al., 2016). The relationship between an athlete’s behaviours, both on and off the field, and the perception of their ‘character’ and therefore overall sporting profile is complex. It is not just their performance in the sporting context that leads to a determination of their character, but their behaviours off the field as well. Athletic performance includes competition style, sportspersonship and rivalry, however the overall ‘character’ of an athlete can have implications for their perceived suitability to advertise products and market their own athlete brand (Arai, Ko, & Ross, 2014). Poor performances in the sporting arena further magnify the perceived severity of the off-field transgression, therefore have the potential to increase the scandal risk and damage the athlete’s reputation (Osborne et al., 2016).

Athlete well-being is recognised as an important component of sports performance (Dunn, 2014). Reinboth and Duda (2006) state that well-being is generally defined in terms of the presence of positive feelings and the absence of negative feelings. The concept of athlete well-being encompasses all aspects of an athlete’s life, including those that are not sport related (Dunn, 2014). Over the life course of elite sports careers, athletes face multiple pressures. Dubuc-Charbonneau and Durand-Bush (2015) found that student athletes experience high levels of burnout and stress which can impact on subjective well-being. This same study argued that in order to manage the challenges they face, athletes adopt various task and social behaviours so they can achieve a more balanced situation. Well-being is highlighted as a key determinant in enabling individuals to cope with daily stressors (World Health Organization 2004). Given that athletes may face additional daily challenges such as poor coach-athlete relationships, injury, poor performance, and stress, it is worthwhile to investigate athlete well-being in the context of elite sport.

Participation in sport is recognised as being an avenue through which to develop “self-esteem, promote sportspersonship, encourage a valuing of physical activity and provide a sense of enjoyment and well-being” (Amorose, Anderson-Butcher & Cooper, 2009, p. 386). Autonomy, competence and relatedness can also be encouraged through sport and can lead to increased well-being (Reinboth & Duda, 2006). In addition, hope and social support appear to be protective factors specifically with regard to injured athletes’ subjective well-being Lu and Hsu, 2013). However, participation in sport alone does not guarantee well-being and the adverse effects of elite sport in particular are also well documented (Bartholomew, Ntoumanis, Ryan & Thøgersen-Ntoumani, 2011; Gould & Carson, 2008; Hellison & Cutforth, 1997). It is important to understand how well-being may change over the course of an athlete’s season and overall career as this may have an impact on their needs, satisfaction with sport and overall experience which may be either positive or negative (Amorose et al., 2009).

The commercialisation of sport has led to a need for athletes to protect their brand image. Athletes are also requires to demonstrate integrity, sportspersonship and ‘good’ character. Further, inherent in the role of the sportsperson is to be an appropriate role model in society (Smith & Stewart, 2008). Therefore, the complex environment in which sport operates requires athletes to consider more than just their sports performance. Increasingly, off-field events are being recognised as a key factor in on-field performance (Dunn, 2014). However, ultimately the focus of athlete well-being programs is on getting the athlete to peak sports performance. Therefore, this shapes the well-being initiatives sports organisations put in place for athletes. Dunn (2014) argues that in some sports, well-being programs are engrained but for others this is still an emerging area. In order to continue the advancement of well-being programs in sport, it is important to first understand what the well-being issues for athletes are.

The aim of this review was to investigate ethics, integrity and well-being in elite level sport. The research questions for this review were:

  • How are issues of ethics and integrity manifested in the sporting context?
  • What are the factors that impact on the well-being of elite athletes?

METHODS Search Strategy This systematic review utilised an electronic search in the following four databases: (i) SPORTDiscus; (ii) ScienceDirect; (iii) Taylor & Francis; and (iv) Informit. The Boolean logic was adopted within the databases. The following combinations were used to search for articles: athlete* AND “well-being;” athlete* AND “wellbeing;” athlete* AND “well being;” athlete* AND integrity; athlete* AND scandal;* athlete* AND ethics; athlete* AND sportspersonship OR sportsmanship. Phrase searching was utilised through the use of inverted commas around the terms “well-being,” “wellbeing,” and “well being” to ensure that articles were found on well-being as opposed to all articles that included the terms “well” and “being.” The references lists of retrieved articles were also scanned for suitable articles. The search was undertaken in July and August 2016. Two of the research team (DA and PH) independently conducted the search according to the above search strategy.

Eligibility Criteria Articles were screened independently by two authors (DA, PH). The inclusion criteria required articles to be focussed on elite athletes, published between 2006-2016, full text availability, peer reviewed and the English language. Elite was considered to be division one or higher, professional sports and competing at the national, international, Olympic or Paralympic level. Articles which focussed on junior or amateur athletes, coaches, fitness and not sport, were a clinical trial, exercise trial or included medical, psychometric tests and literature reviews were excluded. Articles with a nutrition, tourism, or school focus were also excluded. Specifically with regard to the athlete* and ethics search, articles which did not focus on the personal ethical values of elite athletes were excluded. A consensus meeting was held to discuss differences in article selection and where necessary the third author (CW) was consulted to make the final decision.

Data Extraction Two authors (DA, PH) independently extracted data from all selected articles. Both authors used a standardised data extraction form which included the following components: authors; year; title; study design; study aims; study participants; main findings (Table 1).

Table 1a

Data Analysis Data were analysed according to the method outlined by Thomas and Harden (2008). A thematic synthesis approach was undertaken to not only inductively analyse the results of the review into themes but also synthesise the results in order to ‘go beyond’ the findings of the primary studies so that further understanding can be gained (Thomas & Harden, 2008, p. 54). According to Thomas and Harden (2008), thematic synthesis has three stages; the coding of text line by line; the development of descriptive themes and; the generation of analytical themes. Two of the authors (DA, PH) manually analysed the included primary studies individually line-by-line to generate the initial codes. The two sets of codes were then compared and merged to form one set of codes. The third author (CW) was consulted to make the final decision on the names of codes where necessary. Conducting line-by-line coding allowed the authors to translate the concepts from one study to another, which is considered to be a key component of qualitative thematic synthesis (Thomas & Harden, 2008; Britten, et al., 2002). Following the line-by-line coding of the primary studies, the codes were then analysed to search for similarities and difference in order to generate descriptive themes (Thomas & Harden, 2008). This process generated four themes. A draft summary of themes was written by the first author (DA) with the other two authors (PH, CW) commenting on the draft until a final version was agreed. In order to complete the thematic synthesis of the data, the themes were analysed in accordance with the review research questions (Thomas & Harden, 2008). This process enabled the analysis to go beyond a description of the themes and create a more in depth understanding of ethics, integrity and well-being in elite sport. Two of the original four themes were merged, which provided a more complete overview and resulted in a final data set of three themes to be compiled.

RESULTS Search results The search criteria resulted in a total of 1276 articles. Of these articles, 73 were excluded as duplicates, and a further 940 were excluded after two authors (DA, PH) screened the titles and abstracts for suitability. Thirty-three articles were excluded as the authors were unable to access the full text. The remaining 230 full-text articles were examined independently by two authors (DA, PH) according to the inclusion and exclusion criteria outlined in section 2.2. In total, 23 articles met the inclusion criteria. Figure 1 presents the study selection flow chart.

Figure 1

Types of articles Of the 23 articles, nine were quantitative studies, six were qualitative studies utilising interviews as the data collection method, three were qualitative case studies, four were commentaries, and one was a mixed method design (table 1). The inductive thematic analysis generated three themes; 1) Sportspersonship and Ethics; 2) Scandal, and 3) Well-Being. Each of these themes had at least two sub-themes, being elaborated upon in the following sections.

Sportspersonship and Ethics The findings of this review confirm the strong link between sportspersonship and ethics, with ten articles relating to sportspersonship and ethics of elite athletes. Through the thematic analysis three key sub-themes emerged; ‘spirit of the game’; ‘expectations’ and; ‘will to win’.

Spirit of the Game The spirit of the game component of sportspersonship was evident in four articles (Sezen-Balcikanli & Yildiran, 2012; Jonson, Lynch & Adair, 2013; Martínková & Parry, 2015; McNamee, 2009). A ‘good’ sportsperson is perceived as adhering to the spirit of the game and does not deviate from the appropriate virtues (Sezen-Balcikanli & Yildiran, 2012). One article (Jonson et al., 2013) questioned what is meant by ‘responsible conduct’ or ‘inappropriate behaviour’ and argued that elite athletes are required to operate within a system that violates their civil and human rights through the ability of the sports organisation to discipline players for ‘bringing the game into disrepute’ (p. 61). Two articles (Martínková & Parry, 2015; McNamee, 2009) considered actions by sportspeople that were not necessarily against the rules, but resulted in sanctions because the acts were considered to be against the spirit of the game. Martínková and Parry (2015) contended that in contact sports in particular the rules specifically outline what forms of contact would be considered against the rules but that for many sports this does not include biting. The authors suggest this is because biting is not a likely strategy in most sports, therefore negating the need to prohibit it. However, this does not mean that biting is permissible and athletes who employ this strategy may be sanctioned, despite it not being formally against the rules. Similarly, McNamee (2009) highlighted that crashing one’s car during a Formula 1 race to allow a teammate to win is not technically against the rules but has been described as being ‘probably on the wrong side of cheating’ (p. 284). Sezen-Balcikanli and Yildiran’s (2012) used the sportspersonship orientation scale to determine what characteristics elite athletes should have in order to act in a manner consistent with the acceptable parameters of fair play. They found that athletes who are more empathetic are more likely to have respect for social conventions such as shaking the opponents’ hands at the completion of a game and respect for the losing side because they tried their best. Thus, being more empathetic appears to strongly coincide with performances in sport which are perceived as being in the ‘spirit of the game’.

Expectations Jonson et al. (2013) question the expectations placed on elite athletes to be appropriate role models, suggesting that the standards to which athletes are held accountable go far beyond those of employees in other professions. It was acknowledged through two articles that athletes are representing themselves, their sport, organisation, key stakeholders and even the fans (Jonson et al., 2013; Meng & Pan, 2013). However, one article (Scarf, 2008) questioned the use of athletes as role models given they have not been asked whether they want to be or not. Scarf (2008) argued that the assumption they should be is made on their behalf due to the popularity of sport in society. The assigning of role model status for elite athletes is furthered by Jonson et al., (2013) who suggest the role of the sportsperson has evolved to include entertaining and celebrity components. Central to the role model status are the expectations of the sports organisation who may include certain contractual requirements regarding this area, and the influence of the media and public expectations (Jonson et al., 2013). Questions were also raised through two articles (Jonson et al., 2013; Scarf, 2008) as to whether athletes fully understand the consequences of the role model status with regard to player contracts since the obligations are likely to include both on and off field behaviours.

Will to win Seven articles focussed on the implications of athletes’ will to win (Scarf, 2008; Donahue et al., 2006; Barkoukis, Lazuras, Tsorbatzoudis & Rodafinos, 2011; 2013; Hauw & Mohamed, 2015; Whitaker, Backhouse & Long, 2014; Dunn & Thomas, 2012). While the authors acknowledge unsportspersonlike behaviours include more than doping, much of the literature gained from this search focussed on performance enhancing substances. Donahue et al. (2006) suggests that athletes who display unsportsmanlike behaviours may be more likely to engage in other unethical behaviours such as using performance enhancing substances. However, Barkoukis et al.(2011) found that success can be a significant influence on the decision to use performance enhancing substances because the athlete perceives doping as being an inevitable consequence to avoid failure. Further, Barkoukis et al. (2013) suggested that external pressures from coaching staff or expectations to win may heighten the intention of athletes to dope. Therefore, the decision to dope is not made in isolation (Dunn & Thomas 2012). Male athletes who are older and know other athletes who dope have been found to be at a higher risk of doping (Dunn & Thomas, 2011). In addition, Whitaker et al., (2014) suggested there is a “community of silence” (p. e518) with regard to reporting doping in other athletes, therefore the culture of sport may be an implicit part of individual doping acts. It is important to note that due to the controversial nature of this topic, there are possible limitations to the studies meaning that there might be missing detail regarding the likelihood to dope reasons. Athletes in Whitaker et al.’s research (2014) revealed the tension between wanting to participate in a ‘clean’ sport, and the consequences for the sport if they did report any knowledge of athletes doping. A community of silence may result from the perceived negative consequences for both the athletes who are doping and those who are not as the sport could lose vital sponsorship and the reputation of the sport tarnished if doping in the sport is revealed. However, this same research noted that the willingness to report doping may be influenced by the nature of the sport with individual athletes possibly being more willing to be a whistle blower than those involved in a team sport.

Scandal When athletes are reported to deviate from the behaviours expected of them there is potential for a scandal to emerge. Four articles addressed scandals in elite sport. Two sub-themes emerged in relation to scandals: ‘the parameters of transgressions’ and; ‘the cost of transgressions’.

Parameters of transgressions The popularity of sports in society leads to athletes being exemplified in the media, by sports administrators and general society, therefore their behaviour is constantly being scrutinised (Scarf, 2008). Sports scandals occur as a result of athletes transgressing from the expectations placed upon them (Storm & Wagner, 2015). With the increase in media for sports, and the increased availability of information through social media, sports fans are engrossed in more than the sports performance and are increasingly seeking information on athlete’s off-field life (Meng & Pan, 2013). It is arguable with the increased intrusion into the personal lives of athletes, the potential for scandals to result has also increased. Scandals generally have four phases; the prescandal phase, the phase of the scandal proper, the phase of culmination, and the aftermath (Storm & Wagner, 2015, p. 296). One of the key factors in an incident being labelled a scandal is the involvement of the media as this is where scandals are usually exposed and commented on (Burroughs & Vogan, 2015). Athletes are judged for the performance both on and off the sporting field. Burroughs and Vogan (2015) state that athletes are judged according to sporting norms and the sport environment in which these norms are constructed. Athletes who deviate from the norms and societal expectations can be both judged and punished (Burroughs and Vogan, 2015). Three articles (Meng & Pan, 2013; Storm & Wagner, 2015; Burroughs & Vogan, 2015) discussed the behaviours by athletes that are likely to be perceived as transgressions. Behaviours that are likely to be perceived by society as deviant and therefore scandalous can be linked to those that are also seen as being immoral or unethical. Extramarital affairs, doping violations and being untruthful about an event emerged as behaviours resulting in scandals (Meng & Pan, 2013; Storm & Wagner, 2015; Burroughs & Vogan, 2015).

Cost of transgressions Three articles (Meng & Pan, 2013; Storm & Wagner, 2015; Burroughs & Vogan, 2015), highlighted the issues pertaining to the cost of athlete transgressions for sporting codes. Given that athletes may represent more than their own individual brand, involvement in a scandal has the potential to impact on more than just the individual athlete (Meng & Pan, 2013). The transgression by the athlete may not be related to the rules of the sport, however the expectations of the sport environment can influence the impact of the act. For example, Storm and Wagner (2015) argue that golf is a gentleman’s game, thus an extramarital affair could be very costly for the individual athlete’s own brand in terms of sponsorship, and the sport through being associated with an athlete who has deviated from the ‘norms’ of the sport, despite an affair not being related to the rules of golf. Similarly, the cost of alleged transgressions can be equally as high, regardless of whether the incident actually occurred. Two articles (Storm & Wagner, 2015; Burroughs & Vogan, 2015) detailed scandals which resulted in the athletes being involved in alleged transgressions and regardless of the alleged involvement in the act being proven, the athletes still suffered financially through loss of sponsorship and their reputations being tarnished. Athletes can also be suspended for not adhering to the sport’s policy on personal conduct, despite no criminal charges ever being filed. Therefore this study concludes that both committing a transgression and being linked to a transgression are equally as damaging to athletes.

The cost of transgressions can extend beyond the athlete to sponsors and sport governing bodies. Meng and Pan (2013) argue that sponsors are key influences in the brand image athletes are able to build. Popular athletes can also be profitable for the sponsors as fans may be more influenced to purchase certain products depending on the athletes who are used to market them. However, when athletes transgress from the expected behaviours fans may be deterred from purchasing products advertised by the deviant athlete and from watching or attending sport. Therefore the cost of the transgression to the brand image of sponsors and the overall sport could be substantial (Meng & Pan, 2013; Storm & Wagner, 2015). The pressure that extends to sponsors and sports organisations to deal with the incident culminates in an institutional solution which can see overall sports as well as individual athletes losing sponsorship, or in athlete contract changes to minimise the chance of the transgression occurring again (Storm & Wagner, 2015; Burroughs & Vogan, 2015). However, should the solution not be adequate the potential for scandals to continually reoccur is significant (Storm & Wagner, 2015).

Well-being The search criteria resulted in nine articles relating to the well-being of elite athletes. Sport can positively affect well-being, however there are elements of the sport culture that can have negative consequences for athletes (Bačanac, Milićević-Marinković, Kasum, & Marinković, 2014). Two sub-themes emerged from the literature regarding well-being; ‘sports environment’ and; ‘adversity’.

Sports environment The sports environment can be both beneficial and detrimental to the well-being of athletes. Participating in sport appears to provide athletes with a means to engage in culture as well as providing a meaningful experience. However, total immersion in the sport environment can lead to lower reported levels of well-being (Verkooijen, Van Hoye & Dik, 2012). Interestingly, Verkooijen et al. (2012) found that athletes who live in a sports institute had lower psychological well-being than those who did not. In addition, the higher athletes scored on the sense of accomplishment scale the lower their psychological well-being. It is plausible that athletes living in a sports institute experience higher expectations that those who do not and so may perceive the level of pressure to succeed to also be higher. Smith et al. (2015) determined athletes with high scores of neurotic traits have higher levels of homesickness when moving to live at a sports institute. Further, higher levels of homesickness were predicted in athletes who had low self-esteem. It is arguable that higher levels of neurotic traits may also results in higher expectations, therefore higher levels of psychological distress. While the need for sport life balance it apparent (Verkooijen, et al., 2012; Macdougall, O’Halloran, Sherry & Shields, 2016) athletic identity and measures of subjective well-being do not seem to be strongly linked (Verkooijen et al., 2012).

Being immersed in a sports institute environment emerged as a key area through which the well-being of athletes is influenced. In one sense, living at a sports institute can provide a higher level of support for athletes are they are living with others who are going through the same experiences. However, athletes may also be competing with each other for positions on the team and for sponsorship contracts therefore this could lead to higher levels of perceived stress (Smith, Hanrahan, Anderson & Abbott, 2015). The work ethic of athletes can also have an impact on well-being, particularly those living in a sports institute as it can divide athletes and hinder the prospect to develop close friendships (Schinke, Blodgett, McGannon & Ge, 2016).

Adversity Elite athletes face different types of adversity in order to compete at the highest level (Tamminen, Holt, & Neely, 2013). Some of the negative aspects of participating in elite sport include burnout, external and internal pressures, lack of support, not being able to find balance, isolation, withdrawal, lack of confidence, poor performances and injury (Verkooijen et al., 2012; Smith et al., 2015; Macdougall et al., 2016; Schinke et al., 2016; Tamminen et al., 2013; Theberge, 2008; Gulliver, Griffiths, Mackinnon, Batterham & Stanimirovic, 2015). In addition, Gulliver et al. (2015) found that approximately one in five elite Australian athletes experience depression. The well-being of athletes can be affected based on the level of perceived control the athlete has. Athletes who perceive their level of control over their situation to be low are more likely to experience negative consequences with regard to well-being (Macdougall et al., 2016; Schinke et al., 2016).

Three articles discussed the importance of self-confidence to overall well-being (Bačanac et al., 2014; Tamminen et al., 2013; Sar and Isiklar, 2012). Interestingly facing adversity can be a means through which self-confidence is gained as when facing challenges athletes are able to determine what they are capable of (Tamminen et al., 2013). Further, facing adversity can provide opportunities for personal growth which can include a period of self-reflection on the meaning of sport in the athlete’s lives (Tamminen et al., 2013). High levels of self-esteem and self-confidence are deemed to be significant factors in athletic success (Bačanac et al., 2014; Sar & Isilkar 2012). In addition, Sar and Isilkar (2012) determined that there is a significant correlation between sport confidence and subjective well-being. A key factor in predicting sport confidence is the locus of control. An internal locus of control correlates with sport confidence because athletes’ belief in their ability to be successful and their overall confidence in their own psychological resilience is high (Bačanac et al., 2014; Sar & Isilkar, 2012).

Three articles focussed on athletic burnout which can negatively affect well-being (Verkooijen et al., 2012; Macdougall et al., 2016; Schinke et al., 2016). External pressures to succeed along with not being able to find a balance between on field and off field interests can lead to athlete burnout (Schinke et al., 2016). A reduced sense of accomplishment is also linked to athlete burnout and is related to the sports environment. Athletes living in an elite sport centre have been found to have higher reduced sense of accomplishment and lower psychological well-being (Verkooijen et al., 2012). This may be due to higher expectations being placed on athletes living in an elite sports centre. Living location can also lead to feelings of isolation, uncertainty and perceived low levels of control over their situation (Macdougall et al., 2016; Schinke et al., 2016). Not being able to switch off from sport can also contribute to negative consequences such as a lack of life balance, burnout and lack of direction Macdougall et al., 2016; Schinke et al., 2016) .

Elite athletes compete in an environment where they are exposed to social experiences (Sar and Isiklar, 2012). However, participating in elite sport can be a potentially isolating experience (Smith et al., 2015; Schinke et al., 2016; Tamminen et al., 2013). Isolation can be particularly significance for those who have moved locations to further their sports careers (Smith et al., 2015; Schinke et al., 2016). Under-performing in sport can further lead to isolation as athletes self-withdraw from teammates (Tamminen et al., 2013). More positively, Gulliver et al. (2015) found that moving away from home for sport is not necessarily correlated with depressive symptoms in elite athletes. Elevated levels of social anxiety are also common in elite athletes (Gulliver et al., 2015). However, this same study found that the levels of symptoms for mental health in elite athletes were similar to those observed in the general community (Gulliver et al., 2015).

Despite the many challenges elite athletes face which can significantly affect overall well-being, adversity exists alongside the positive aspects of sport which can promote well-being (Theberge, 2008). Therefore, while sport contains risk factors with regard to well-being, it also provides protective factors for athletes. The protective factors sport can provide for well-being include mental strength, increased health knowledge, providing athletes with an overall philosophy for life and the opportunity for personal growth (Tamminen et al., 2013; Theberge, 2008).

DISCUSSION The aim of this study was to investigate ethics, integrity and well-being in the context of elite sport. While the search criteria did not elicit any articles which considered all three of these aspects together, through the process of data synthesis, this discussion brings together the results of the combined articles to draw some logical conclusions.

This review confirmed that sportspersonship, integrity and ethics are interrelated. Primarily with regard to athletes, ethics and integrity in elite sport are manifested through how an athlete adheres to the four components of sportspersonship; equity, fairness, good form of honour and the will to win. Athletes are expected to conduct themselves on and off the sporting arena in a manner which ensures fair play for all athletes. However, this study raises questions as to whether athletes are performing in a fair environment to begin with. Athletes are continually seeking to improve their performance and will manipulate diet, training regimes, have pain-killing injections and even surgery to achieve maximal sports performance (Scarf, 2008). However, they also face harsh sanctions and loss of reputation if they are found to be using performance enhancing substances that are banned by the World Doping Authority (Scarf, 2008). In addition, there is an implied consent on behalf of athletes that they are willing to be role models in society (Scarf, 2008). Therefore, it is not only their sports performance that is consistently under review. Growing social media technologies provides even more intrusion into the off-field lives of athletes and any behaviour which is perceived as not being appropriate has the potential to escalate to a scandal, regardless of whether it is related to sports performance or not (Meng & Pan, 2013; Storm & Wagner, 2015; Burroughs & Vogan, 2015). Whether an act is perceived as being scandalous is largely determined by the media and the expectations society places on elite athletes to be role models. This review found that sports organisations are able to sanction athletes for non-sports performance related behaviours such as extramarital affairs under policies of personal conduct. These penalties can be enforced even if the athlete is not charged with an offence. Therefore both committing a transgression and being alleged to have committed a transgression are equally as damaging for elite athletes. This review confirms Scarf’s assertion (2008) that the expectations placed on elite athletes are far beyond those of employees in other professions. It is arguable that the expectations placed on athletes to be role models may cause heightened levels of stress which could result in poorer performances in sport.

While sport can provide avenues for personal growth, elite athletes are faced with a variety of risk factors with regard to their overall well-being. The adversity faced by athletes includes risk of injury, high levels of psychological distress, perceived pressure, and isolation amongst others (Verkooijen et al., 2012; Smith et al., 2015; Macdougall et al., 2016; Schinke et al., 2016; Tamminen et al., 2013). These adversities may cause a high level of perceived pressure which could in turn lead to athletes engaging in behaviours which would be considered unsporting. While athletes may feel isolated, it is important to recognise that they are participating within a complex environment. Pressures from coaches, other athletes, family members, the media and broader society to succeed combined with the athlete’s will to win appear to be strong predictors of the intent to dope (Barkoukis et al., 2013; Dunn & Thomas, 2012). It can be concluded through this study that the environment in which athletes perform is a strong factor in their well-being. Athletes do not train or perform in isolation therefore, transgressions or unsportspersonship behaviours are more than just a reflection of the athlete’s personal characteristics; they are a reflection of the culture in which the athlete is performing. Athletes are most likely to display intentions to dope according to situational pressures, including the suggestion that they should from coaches or high perceived expectations to win (Barkoukis et al., 2013).

Limitations This review has a number of limitations. The use of the key search term ‘athlete’ has the potential to exclude articles which use sportsperson, sportsman or sportswoman rather than athlete and may have impacted on the results. However, the authors determined that if the aforementioned terms were used we would also need to consider articles which refer to athletes by the sport such as footballer or basketballer, thus athlete was chosen as the single key search term to keep the results consistent.

The search terms regarding ethics largely elicited articles on performance enhancing drugs and doping. It is recognised the ethics, morals and values of elite athletes encompasses more than just their attitudes towards illicit substances. Therefore future research needs to include search terms which have the potential to generate articles on other areas pertaining to the ethical and moral judgements of elite athletes.

It appears as though there are differences between the national competitions and what constitutes an elite athlete that makes comparisons between countries difficult. For example, inter-collegiate may be considered elite in the United States of America but it is difficult to compare this level of competition with university college athletes in Australia or Taiwan. Through the search criteria for this systematic review a significant number of articles pertaining to college, intercollegiate and varsity athletes emerged. Therefore, recommendations for future research include conducting a second systematic review to ascertain whether the same issues are experienced by elite athletes are also experienced by college athletes.

CONCLUSION Given the implied consent of elite athletes to be role models, it would be of interest to investigate the impact of elite ethical issues and transgressions on lower leagues of sport (such as junior and amateur levels) to determine whether perceived unsportspersonship issues at the elite levels influences behaviours of participants in other competitions.

A key question raised through this review was whether athletes are performing in a fair environment. The expectation to be ‘good’ role models for society arguably places additional pressure on athletes, which could lead to increased stress and therefore impact on sports performance. Given none of the articles in this review asked elite athletes their perception on being a role model, further research should investigate how athletes themselves feel about being role models and the impact of this imposed role on their overall well-being.

APPLICATIONS IN SPORT Ethics and integrity issues are manifested in sport through athletes’ adherence to the components of sportspersonship. Society places high expectations on athletes to be appropriate role models which are unrealistic and far beyond those of other occupations. The sports environment is a key factor in the expectations placed on athletes and has a significant influence on athlete well-being. Athletes face many adversities during their careers and while these can provide opportunities for personal growth they can have negative consequences. Understanding the factors that can contribute to athlete well-being, either positive or negative is important as this will enable strategies to be developed to minimise the negative consequences of being involved in elite sport.

ACKNOWLEDGEMENTS none

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Examination of locus of control, subjective well-being and optimism as the predictors of sport confidence, Journal of Physical Education and Sport, 6(1): 76-84. 33. Scarf, M. (2008). The dethronement of dubious didacticism: Exposing the real justifications for drug-free sport. Essays in Sport and the Law, 231-241. 34. Schinke, R., Blodgett, A., McGannon, K., & Ge, Y. (2016). Finding one’s footing on foreign soil: A composite vignette of elite athlete acculturation, Psychology of Sport and Exercise, 25: 36-43 35. Sezen-Balcikanli, G., & Yildiran, I. (2012). Sportspersonship Orientation and Empathy: a Study of Professional Football Players. Journal of Physical Education and Sport, 12(1), 18. 36. Smith, B., Hanrahan, S., Anderson, R., & Abbott, L. (2015). Predicting homesickness in residential athletes, Journal of Clinical Sport Psychology, 9: 138-155. 37. Smith, A., & Stewart, B. (2008). 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Sports Ethics and Our Society

  • Philosophical Theories & Ideas
  • Major Philosophers

sports ethics essay

  • Ph.D., Philosophy, Columbia University
  • M.A., Philosophy, Columbia University
  • B.A., Philosophy, University of Florence, Italy

Sports ethics is that branch of the philosophy of sport addressing the specific ethical questions that arise during and around sports competitions. With the affirmation of professional sports in the past century as well as the rise of a voluminous entertainment industry related to it, sport ethics has come to be not only a fertile terrain for testing and developing philosophical notions and theories, but also a foremost point of contact between philosophy, civil institutions, and the society at large.

Lessons of Respect, Justice, and Integrity

Sports are based on the fair enforcement of rules. At a first approximation, this means that every contestant (being an individual player or a team) has the right to see the rules of the game applied in equal measure to each and every contestant while having the duty to try and respect the rules as best as possible. The educational importance of this aspect, not just for children and young adults but for everyone, can be hardly overstated. Sport is a critical tool to teach justice, the respect of rules for the benefit of a group (the contestants as well as the spectators), and honesty . And yet, as it happens outside a competition, one may wonder if — at times — players are justified in seeking an unequal treatment. For instance, when breaking the rule will offset some mistaken call that the referee has made earlier the game, or will partially make up for some economic, social, or political inequities that stand in between the contesting teams, it seems that a player may have some justifiable motives for breaking the rule. Isn’t it simply fair that a team who has had a valid touch down not counted in will be given some minor advantages over the next attack or defense situation? This is, of course, a delicate matter, which challenges our ideas circa justice, respect and honesty in a way that mirrors the key issues humans face in other spheres of living.

Enhancement

Another major area of confrontation regards human enhancement and, most notably, cases of doping. Considering how invasive the application of drugs and medical techniques is to the contemporary professional sport, it has become increasingly difficult to set an intelligent boundary between those performance enhancers that shall be tolerated and those that shall not be tolerated.

Every professional athlete competing for a well-off team receives medical aids to enhance his or her performances in amounts that range from thousands of dollars to hundreds of thousands and, perhaps, millions. On one hand, this has contributed to spectacular results, which much add to the entertainment side of sport; on the other, however, wouldn’t it be simply more respectful for the athletes’ health and safety to set the bar for tolerance of enhancers as low as possible? In what ways enhancers have affected the relationship between body and soul among athletes?

Money, Just Compensation and the Good Life

The increasingly high salaries of certain athletes and the disparity between the pay of the most visible ones as opposed to the pay of the least visible ones have also offered the opportunity to rethink the issue of just compensation that much attention had received in eighteen hundred philosophy, with authors such as Karl Marx. For instance, what is the just compensation for an NBA player? Should NBA salaries be capped? Should student athletes be granted a salary, in consideration of the business volume generated by NCAA competitions? The entertainment industry associated with sports also offers us, on a daily basis, the opportunity to ponder to what extent income can contribute to leading a good life, one of the central themes of ancient Greek philosophy . Some athletes are sex symbols too, generously rewarded for offering their body image (and sometimes their private lives) to the public attention. Is that really the life of a dream? Why or why not?

Further Online Reading

  • IAPS’s website , the International Association for the Philosophy of Sport, with links also to its official publication outlet, the Journal of the Philosophy of Sport .
  • A resource guide to the Philosophy of Sport prepared by Dr. Leon Culbertson, Professor Mike McNamee, and Dr. Emily Ryall.
  • A blog devoted to the philosophy of sport , with news and events.
  • Recommended reading: Steven Connor, A Philosophy of Sport , Reaktion Books, 2011.
  • Andrew Holowchack (ed.), Philosophy of Sport: Critical Readings, Crucial Issues , Prentice Hall, 2002.
  • An Introduction to Virtue Ethics
  • On Being Cynical
  • The Ethics of Lying
  • Moral Philosophy According to Immanuel Kant
  • Philosophy of Food
  • The Philosophy of Honesty
  • The Self in Philosophy
  • Philosophy of Culture
  • What Is Philosophy?
  • Stoics and Moral Philosophy - The 8 Principles of Stoicism
  • Epicurus and His Philosophy of Pleasure
  • Quotes About Friendship From Some of the Greatest Thinkers in Time
  • How Do Philosophers Think About Beauty?
  • Plato and Aristotle on the Family: Selected Quotes
  • Rationalism in Philosophy

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SPORTS ETHICS BEYOND RULES

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Ethics are the rules of personal behaviour accepted by society. Ethics are also known as a " code of conduct. " Our personal values contribute to the strength of our ethics with positive behaviours and positive attitudes. A more ethical approach to athletics is sportsmanship. Under a sportsmanship model, healthy competition is seen as a means of cultivating personal honour, virtue, and character. It contributes to a community of respect and trust between competitors and in society. The goal in sportsmanship is not simply to win, but to pursue victory with honour by giving one's best effort.

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Procedia - Social and Behavioral Sciences, Volume 12, 2011, Pages 24-29

Gianina-Ana Massari

"The aim of this research is to emphasize the moral dimension's presence and its necessity into athletes training, reflected into the fair play attitudes and behaviors. The main objective is to identify some possible correlations between variables: fair play, moral values, to highlight at athlets their fair play into competitions and training. The issue aims to study the likelihood of a direct correlation between variables like general fair play, fair play in competition, fair play and moral values into society. The research was conducted on a total of 40 subjects prepared by several variables (gender, age, sports, skill level). Analysis and interpretation of results was performed by using SPSS 11.0 for statistical analysis Pearson bivariate correlation between next variables: general fair play, fair play in competition, fair play and moral values into society. In qualitative terms, the correlations found between variables of fair play in competition, general fair play and fair play in society point to the fact that athletes who exhibit a fair play behavior in competition will manifest the same type of behavior in social life. Norms, rules, and sports standard orders, as well as social norms and rules of social life mark on the athlets’ behavior, which are internalized and behave in a spirit of fair play.Respect for others, respect for opponents and team mates, learning and respect the rules of play and social behavior leads to the training in the spirit of fair play, a habit that occurs in any life situation. Fair play does not mean only to follow the rules of the game, it transcribes the attitude that the athlete must have: to respect the opponent and keep his physical and mental integrity. An athlete will behave in an attitude of fair play when he will think to others. Moral values (altruism, honesty, faith, dignity, responsibility) and psychosocial ones (self, love, openness, social recognition, independence) are mainly related to individual networking with peers and social and moral desirability."

BOOK OF PROCEEDINGS OF INTERNATIONAL SCIENTIFIC CONFERENCE “EFFECTS OF PHYSICAL ACTIVITY APPLICATION TO ANTHROPOLOGICAL STATUS WITH CHILDREN, YOUTH AND ADULTS“

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Since 1976, when the first two articles on ethics in sport were published in the Journal of the Philosophy of Sport (W.J.Morgan, R.Osterhoudt), ethical considerations of sports have been growing and expanding. During the ‘90s they became the most dominant field within the philosophy of sport discourse (McNamee and Morgan, 2015, 132), and still are. In the author’s opinion, after 40 years the Ethics of Sport has reached a point where a large systematic in-depth analysis needs to be conducted. On the one hand, in order to do the first step, the author is trying to detect the most important editions of the Ethics in/of Sport within the community of sport philosophers, and, on the other hand, to investigate their thematic ambiguity in order to detect general contours of discipline and divisions of the fields. The research was conducted by the application of the critical analysis and comparative historical research method, as well as a critical review method. Four collections of essays (McNamee, Parry, Morgan, Schneider, Meier) and three authors books (Simon, Torres, Hagar, Arnold) stands out as the most cited, accepted and influential ones. All the editions begins with general approach and metaethical consideration for necessary grounding. As the most significant problems in sport they uncover Cheating, Fairplay or (un)Fairness, Doping, Genetic modifications, Gender equality and Social issues. Furtheremore, the uncovered problems P.J.Arnold brings into the convergent field of moral education. The Ethics of Sport as a discipline has clear contours and divisions, which are conditio sine qua non of a further growth and development. The biggest room for improvement is in the metaethical and normative area, through relating it to “general Ethics”. Also, Aretaic Ethics should be taken into consideration as a specific field.

Kinesiology: international journal of fundamental and applied kinesiology

Milan Hosta

The inability to make a distinction between the inner and the outer view, between the internal and the external values of a game leads to a misinterpretation of the ethos of a game as practice, and the ethos of the institution, which governs the practice. Unfortunately, that error has not only cognitive but far-reaching ideological consequences as well. By justifying the ethical pluralism through our discussion, we wish to point out that moral pluralism is not an apology for moral relativism. The moral autonomy of sport is trapped in the structure of the game, and is inadmissible per se, or has to be understood within the context of the distinction between the ethics of sport and sport ethics.

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Philosophy of Sport

While sport has been practised since pre-historic times, it is a relatively new subject of systematic philosophical enquiry. Indeed, the philosophy of sport as an academic sub-field dates back only to the 1970s. Yet, in this short time, it has grown into a vibrant area of philosophical research that promises both to deepen our understanding of sport and to inform sports practice. Recent controversies at the elite and professional level have highlighted the ethical dimensions of sport in particular. Lance Armstrong’s use of performance-enhancing drugs raised new issues in the ethics of cheating, middle-distance runner Caster Semenya has challenged prevailing rules around sex classification in sport, and Oscar Pistorius’s prosthesis has problematized the distinction between able-bodied and disabled sport. While philosophical analysis may help to achieve a deeper understanding of sport, such analysis may also illuminate problems of philosophy beyond sport, ranging from the nature of skill to the ethics of altruism.

This entry proceeds in three sections. Section 1 introduces the philosophy of sport with particular emphasis on the history of systematic philosophical thinking about sport. Section 2 examines the nature and value of sport, and it considers the main normative theories of sport developed in the literature. Section 3 addresses a cluster of topics that are central to the philosophy of sport, including: sportsmanship; cheating; performance enhancement; violent and dangerous sport; sex, gender, and race; fans and spectators; disability sport; and the aesthetics of sport.

1.1 Background: Sport, Culture, and Philosophical Thinking

1.2 history of the philosophy of sport, 2.1 formalism, 2.2 conventionalism, 2.3 broad internalism (interpretivism), 3.1 sportsmanship, 3.2 cheating, 3.3 performance enhancement, 3.4 violent and dangerous sport, 3.5 sex, gender, and race, 3.6 fans and spectators, 3.7 disability sport, 3.8 the aesthetics of sport, other internet resources, related entries, 1. introduction.

Human communities have engaged in sport for reasons as diverse as amusement, religious worship and political stability (Baker, 1988). Ancient Sumerians and Egyptians practised sport to prepare themselves for war. So too did ancient Greeks and Romans, for whom sport also had important religious and social signification. For instance, in Classical Greece, athletic contests ( gymnikoi agones ) provided an arena for the cultivation and demonstration of excellence ( arete ). This pursuit of excellence through sport played a major role in Hellenistic culture, where striving for perfection in body and mind served as one of the society’s principal unifying activities (Lunt & Dyreson, 2014). Likewise, in the Mayan civilization, ballgames served religious, social, and political purposes such as providing a common bond while downplaying differences and conflict arising from local diversity (Fox, 2012).

Philosophers have reflected on the nature of sport at least since Ancient Greece. Plato and Aristotle viewed sport as a key component of education and, by extension, human flourishing (Reid, 2011, 26–80). An educated Greek must find harmony between body and mind by, among other things, engaging in athletic contests. Reflection on the role sports play in human life and culture continued during Roman times and the medieval era. In Rome, sports were understood instrumentally as tools to train warriors. For instance, the fifth book of Virgil’s Aeneid is devoted to the celebration of contests of speed and strength with an emphasis on preparing Romans for war. In medieval times, despite losing relevance in the public sphere, sport played a significant role in Christian imagery (Reid, 2011, 81–106). For example, in City of God , Augustine (14.9) referred to the apostle Paul as ‘the athlete of Christ’. Thomas Aquinas, like Plato and Aristotle, advocated for the need to cultivate body and soul to flourish as human beings (Kretchmar et al., 2017, 93–120).

In early modernity, sport regained prominence in public life, not least on account of its potential to cultivate human excellence and promote the good life. Renaissance schoolmasters included sport in their curricula. Even Protestant thinkers, often thought to have been opposed to leisurely activities such as sports, embraced the practice of athletic activities for formative purposes (Reid, 2012). Martin Luther and John Milton advocated for the utilization of sport activities to educate individuals and train Christian soldiers (Overman, 2011). During the Enlightenment, drawing on the empiricists’ emphasis on the cultivation of bodily capacities to achieve accurate sensory data, Jean-Jacques Rousseau argued for the need to exercise and develop body and mind harmoniously (Andrieu, 2014). Rousseau’s pedagogical theory, along with several others, was implemented in the 19th-century Victorian England and Germany, where sports were valued as character-building activities. Inspired by these pedagogical philosophies, Baron Pierre de Coubertin founded the Olympic Movement, regarding Olympic sport as a ‘philosophy of life which places sport at the service of humanity’ (IOC 2019; see also McFee 2012; Parry 2006).

In contemporary society, sport plays a central role in the lives of countless players, coaches, officials, and spectators. The teaching of sport is part of national school curricula, sports news forms part of our national media, and sport has been deployed as a public policy measure to address everything from anti-social behaviour to obesity. However, despite the role sport has played throughout human history, the philosophy of sport as an academic sub-discipline did not develop until the middle of the 20th century. We recount some of the field’s history now.

The philosophy of sport was pre-dated and inspired by the philosophy of play, most notably Johan Huizinga’s Homo Ludens (1938). However, sport is a distinctive type of play and not every instance of sport is an instance of play (Suits, 1988), so sport requires independent philosophical analysis. In the philosophy of sport literature, myriad characterizations and definitions of the nature and scope of the field have been proffered (Torres, 2014, 4–5). For Paul Weiss, the philosophy of sport provides an ‘examination of sport in terms of principles which are to be at once revelatory of the nature of sport and pertinent to other fields – indeed, to the whole of things and knowledge’ (Weiss, 1971, vii-viii). According to Robert G. Osterhoudt, first editor of the Journal of the Philosophy of Sport , this branch of Philosophy is committed ‘to the presentation of genuinely philosophical examinations, or reflective authentic examinations of the nature of sport … and systematic discussions of issues peculiar to sport until they are reduced to matters of a distinctly philosophical order’ (Osterhoudt, 1973, ix–xi).

R. Scott Kretchmar (1997) has suggested that, from the 1870s to the 1990s, the philosophy of sport evolved from being a sub-branch of the philosophy of education to being a field of study in its own right. During this time, the field went through three phases: the ‘eclectic’ phase, the ‘system-based’ phase and the ‘disciplinary’ phase. In the eclectic phase, also referred to as ‘philosophy-of-education period,’ philosophies of education laid the ground for the philosophical study of sport. Challenging the dominant intellectualist pedagogical tradition, philosophers such as William James, Edward L. Thorndike, and John Dewey emphasized the value of play, games, and sport in preparing human beings for achieving good lives. Physical educators Thomas D. Wood and Clark Hetherington, among others, built upon these philosophers to develop what was called ‘The New Physical Education,’ a pedagogical movement aimed at showing that physical education should become an integral part of overall human education. These educators, despite contributing little to philosophical discussion, helped to generate an era where physical education was required in most educational programs.

In the ‘system-based period,’ pedagogical concerns motivated the philosophical analysis of sport and physical exercise. However, the protagonists of this phase, such as Elwood Craig David and Earle Ziegler, relied on a method that placed greater weight on philosophical modes of analysis. They began by describing and comparing different philosophical systems, distilled them to the basic concepts and positions that related to physical education, and finished by drawing practical implications and pedagogical recommendations. Their emphasis on philosophical systems created a fertile ground for the development of the philosophy of sport. As William J. Morgan (2000, 205) notes, this shift in emphasis led to the progressive displacement of science and pedagogy as the main pillars of physical education curricula, and it facilitated a broader approach to the study of physical exercise and sport that gave pride of place to cultural and historical dimensions.

This evolution within physical education departments during the ‘disciplinary phase’ facilitated the emergence of the philosophy of sport as a discipline in its own right. The Philosophic Society for the Study of Sport (PSSS) was formed during the celebration of the 1972 Eastern Division conference of the American Philosophical Association (APA) in Boston; the organization’s name was changed to International Association for the Philosophy of Sport (IAPS) in 1999. The Society founded a scholarly journal, the Journal of the Philosophy of Sport (JPS) , and established that the mission of the Society and the Journal was ‘to foster interchange and scholarship among those interested in the scholarly study of sport’ (Fraleigh 1983: 6). Weiss’ contribution to the formation of the discipline in its early stages was crucial. With the publication of Sport: A Philosophic Inquiry in 1969, Weiss, a philosopher of international repute, demonstrated that sport provided a fertile ground for philosophical inquiry. Along with Weiss, other pioneers of the philosophical analysis of sport were Eleanor Metheny (1952, 1965) and Howard S. Slusher (1967), who also helped to consolidate the nascent sub-discipline by publishing monographs in the philosophy of sport.

Early philosophy of sport divided along ‘analytic’ and ‘continental’ lines. Klaus V. Meier (1988), Bernard Suits (1977), and Frank McBride (1975, 1979) focused on the possibility of providing individually necessary and jointly sufficient conditions for something to be a ‘sport’. They drew on tools from analytical philosophy to analyse the use of the term ‘sport’ (in both plain and academic language) and to attempt to identify traits common to all sports. Early philosophers of sport also examined sport phenomenologically. R. Scott Kretchmar, Drew H. Hyland, and Robert G. Osterhoudt, among others, drew on the works of Eugene Fink, Maurice Merleau-Ponty, Georg W. F. Hegel, Martin Heidegger, and Edmund Husserl to study the nature of sport by focusing on the lived experiences of those individuals engaged in it.

More recently, the philosophy of sport has transitioned into a ‘hermeneutic’ or ‘applied philosophy’ phase (Lopez Frias, 2017; McNamee, 2007). The field took a ‘practical’ turn in the 1990s. The work of Alasdair MacIntyre, especially his seminal work After Virtue (1984), played a key role in this shift among philosophers of sport towards normative issues. Drawing on MacIntyre’s concept of ‘social practice,’ philosophers of sport aimed to identify the intrinsic goods and excellences of sport in order to assess and critique sport and related ethical issues such as doping, cheating, and sportsmanship.

Classic debates concerning the nature of sport and the phenomenology of participants’ experience have not been abandoned, however. As we will show later (section 2.1), the debate on the nature of sport remains central. Indeed, the rise of electronic games (so-called ‘eSports’) has reignited discussion of the defining elements of sport and, more broadly, the contrast between traditional games and digital games (Conway, 2016). In particular, philosophers of sport have explored the question of whether eSports test physical skills (Van Hilvoorde, 2017; Holt, 2016), the implications of the institutionalization of eSport competitions (Hemphill, 2005; Parry, 2018), and moral engagement in digital gaming (Edgar, 2016).

Still more prominent is the phenomenology of sport. The rapid progression of computational science and neuroscience has had a profound influence in the philosophy of sport, encouraging exponential growth in publications concerning skill acquisition in sport (Ilundáin-Agurruza, 2016), the mind-body relationship (Gerber and Morgan, 1979), and sport experience (Breivik, 2014). The aesthetics of sport has also flourished in recent decades by focusing on two themes (Edgar, 2014): the nature and relevance of aesthetic qualities (e.g. beauty, ugliness, grace, and strength) to the experience of practising and watching sport (see also Kreft, 2012; Lacerda and Mumford, 2010; Lacerda, 2012) and the consideration of sport as an art and its relationship to art (see also Best, 1974, 1985; Elcombe, 2012; Gaffney, 2013). So, while still an emergent field, the philosophy of sport has progressed quickly in developing central methods and preoccupations.

2. What is Sport?

Philosophical theories of sport take descriptive or normative forms. Broadly speaking, descriptive theories attempt to provide an accurate account of sport’s central concepts, and normative theories attempt to provide an account of how sport should be. Normative theories of sport are broadly classified as either ‘externalist’ or ‘internalist.’ Externalist theories of sport understand sport as a reflection of larger social phenomena. Heavily influenced by Marxism and structuralism, externalist philosophers take the nature of sport to be determined by principles from other practices or the larger society. William J. Morgan (1994) identifies three types of externalist theories: ‘Commodification theory,’ ‘New Left theory,’ and ‘Hegemony theory.’ In Commodification theory, sport is understood as a commodity with use- and exchange-value. When sports are commodified, they are viewed not as having inherent characteristics worthy of protection, but solely according to the economic profit that they can generate (Sandel, 2012; Walsh and Giulianotti, 2007). The main proponents of the New Left theory theory are Bero Rigauer (1981), Jean-Marie Brohm (1978), Rob Beamish (1981), Richard Lipsky (1981), and Paul Hoch (1972). They understood sport materialistically by focusing on the role that sport plays in the genesis and reproduction of social history, mostly by exploring the connection between labor, economic infrastructure, and sport. Hegemony theories of sport attack the reductive and deterministic character of the New Left’s analyses of sport. Hegemony theorists such as Richard Gruenau (1983) and John Hargreaves (1986) explore the role that cultural practices and processes play in shaping the nature of sporting practices, while emphasizing the value of human agency.

Externalist accounts of sport tend to be regarded as deflationary because they deny, or overlook, that sport has independent value. They understand sport’s value solely in instrumental terms (Ryall, 2016). Internalist theories of sport do not analyse sport based on other social practices or historical processes. Rather, they aim to identify the distinctive values and purposes of sport that differentiate it from other social practices. Proponents of internalism acknowledge the influence on sport of other practices and the larger society, but internalists argue that sport is a practice with its own distinctive value and internal logic. Thus, the primary goal of internalism is to uncover the intrinsic normative principles of sport. A central task within the philosophy of sport has been to develop an adequate internalist normative theory of sport. At a minimum, such a theory should articulate sport’s non-instrumental value and it should provide guidance on appropriate standards of both conduct within sport, and sporting rules and practices themselves. Internalist views are typically classified into the following three categories: formalism, conventionalism, and broad internalism (or interpretivism). We examine each in turn now.

Formalism conceives of sport as constituted solely by written rules: a sport is just the set of written rules that govern it. On this view, there is no need to look beyond the written rules to determine whether an activity is a sport (e.g. is tennis a sport?), whether an activity constitutes the playing of a certain sport (e.g. are they playing tennis or squash?), or whether a particular move is permitted within a specific sport (e.g. is kicking the ball permitted in tennis?).

Bernard Suits’ The Grasshopper: Games, Life and Utopia (1978 [2014]) is regarded as the seminal formalist text (Hurka, 2005) [ 1 ] . Suits attempts to refute Wittgenstein’s claim that, as a ‘family-resemblance’ concept, ‘game’ resists definition. On Wittgenstein’s view (1958, sect. 66–67), it is not possible to specify individually necessary and jointly sufficient conditions for something to constitute a game. Instead, games are endlessly varied, and, while some games may share features in common with some other games, there is no single element that is shared by all games. Contra Wittgenstein, Suits argues that there are four elements common to every game: goals, means, rules, and a certain attitude among the gameplayers.

Games are goal-directed activities. Every game has two distinct goals: a ‘lusory’ goal and a ‘pre-lusory’ goal. The pre-lusory goal is a specific state of affairs that game players try to bring about: placing the ball in the hole in golf, crossing the bar in the high jump, and crossing the line in the marathon. These can be achieved prior to the formation of a game. For example, I can place a golf ball in a hole even if no game of golf has begun, or I can jump over a bar even if no high jump competition is underway. The lusory goal is winning. This can be achieved only in the context of an organised game.

The second element of any game is the means. Every game restricts the methods that gameplayers are permitted to use to achieve the pre-lusory goal. Golfers are not allowed to drop the ball into the hole with their hands; high jumpers are not permitted to vault the bar using a trampoline, and marathon runners are forbidden from completing the race using a bicycle. The means permitted in games are always ‘inefficient’ for the achievement of the pre-lusory goal. For example, if the goal of boxing is to incapacitate one’s opponent for a count of ‘10’, it would be much more efficient to attack her with a baseball bat or to shoot her with a gun than having to punch her above the waist wearing gloves. If the goal of soccer is to put the ball into the goal, it would be much more efficient to kick, head, and carry the ball rather than only kicking and heading it. Means permitted within a game are the ‘lusory’ means, and those prohibited are the ‘illusory’ means.

The third element of a game is the (constitutive) rules. Rules provide a complete account of what means are permitted and not permitted within the game. They establish what means can be employed to achieve the pre-lusory goal of the game. These limitations on the permitted means make the game possible, for they erect (unnecessary) obstacles that participants attempt to overcome in the game. For instance, boxing rules disallow the use of weapons, such as knives or firearms. This ensures that the sport is a punching contest. The laws of soccer permit the use of any body part other than the arms so that the ball is played predominantly with the feet. In addition to constitutive rules, Suits argues, there are rules of skill, which establish how to play the game well . Such rules are rules of thumb that a coach may advise a player to follow to help her better execute the skills of the sport (e.g. keep your eye on the ball, follow through after impact, accelerate through the finish line).

The final element of gameplaying is attitudinal. Suits argues that, to play a game, one must have the ‘lusory attitude’. Players must commit themselves to playing in accordance with the rules that constitute the game just so that the game can take place. The type of motivation must be a particular kind (or at least must include motivation of a particular kind): players must respect the rules because they wish to play and they endorse the formalist view that breaking the rules necessarily ends the game. It is not sufficient to be motivated to respect the rules, for example, to ensure one’s good reputation or to compete for a ‘sportsmanship’ award. So, in the absence of the lusory attitude, it is quite possible, according to Suits, for a player to act in accordance with the rules without actually playing the game. The players accept the constitutive rules because, in the absence of such acceptance, no game is possible. On this view, if someone decided that she would break the rules whenever she could do so undetected, then, according to Suits, she is not really playing the game – even if no opportunity to break the rules undetected ever arose. She might appear to be playing the game, but, in the absence of an acceptance to bind herself to the constraints imposed by the constitutive rules, she would not count as really playing the game.

The four elements in Suits’ analysis of games culminate in the following definition:

To play a game is to attempt to achieve a specific state of affairs, using only means permitted by the rules, where the rules prohibit use of more efficient in favour of less efficient means, and where the rules are accepted just because they make possible such activity. (Suits, 1978 [2014, 43])

Suits also offers a shorthand definition: ‘playing a game is the voluntary attempt to overcome unnecessary obstacles’ (Suits, 1978 [2014, 43]). Suits’ account of games has attracted much critical attention. Principal among the objections raised are that games are not constituted by their constitutive rules only (D’Agostino, 1981; Russell, 1999) and that gameplaying does not require strict adherence to constitutive rules (i.e. some rule-breaking can be consistent with game-playing) (Lehman, 1981; Fraleigh, 2003).

Suits draws on his definition of games to provide a definition of sport. He defines sports as ‘games of physical skill’ (Suits, 1988, 2), incorporating the elements of his earlier definition of game and adding further elements that are distinctive to sport as compared to other types of games. In particular, a game becomes a sport by meeting the following criteria: ‘(1) that the game be a game of skill; (2) that the skill be physical; (3) that the game has a wide following; and (4) that the following achieve a certain level of stability’ (Suits, 1973 [2007]). Thus, the outcome of the game must be dependent on the exercise of physical skills. This is what differentiates sporting games from card games or chess, for example (see Kobiela, 2018 and Hale, 2008). In the latter, the way the body is moved is irrelevant, and what matters are the moves made (either with cards or pieces on the board). Indeed, such games can be played in non-physical spaces such as virtual reality and by non-human players such as computers. However, in soccer or boxing, the skillful control of the body is essential to the achievement of the goal of the game.

The third and fourth criteria in Suits’ definition demand that sports are widely followed institutionalized games. A sport is institutionalized when its norms and codified rules are established and enforced by formal associations or organizations. The institutionalization criterion is often employed in sociological and historical analyses of sport. For example, historian Allen Guttmann (1978) argues that bureaucratization and rationalization are defining components of modern sports. Sport philosophers, however, have remained skeptical about the possibility of defining sports as institutionalized games. For instance, Klaus V. Meier (1988) rejects the institutionalization criterion. For him, the institutionalization aspect is not a defining element of sport, but rather a contingent one that ‘adds color and significance to particular sports’ (Meier, 1988, 15). In his view, should soccer lack international following and institutions to establish and enforce the rules of the game, it would still be a sport.

In ‘Tricky Triad,’ Suits revises his original definition of sport from ‘The Elements of Sport’, redefining sports as

… competitive events involving a variety of physical (usually in combination with other) human skills, where the superior participant is judged to have exhibited those skills in a superior way. (Suits, 1988: 2)

In this definition, Suits narrows the scope of the concept of ‘game’ and distinguishes between two types of sports: ‘refereed games’ and ‘judged performances.’ That is to say, whereas in his earlier definition all sports are games, in his revised definition only some sports are games, other sports are performances. Soccer, basketball, tennis, and American football are games, while gymnastics, figure skating, and diving are performances. The key difference between the two, according to Suits, is that games have constitutive rules, whereas performances lack constitutive rules and have only rules of skill. Thus, for Suits, games consist in overcoming obstacles erected by the constitutive rules, whereas performances centre on the approximation of an ideal or perfect performance. For example, soccer players play the ball with their feet cooperatively as a team to put the ball into the opponent’s net. Using the feet, working as a team, and facing an opponent are the obstacles erected by the rules of soccer. For Suits, there is nothing like these in performances. Figure skaters do not attempt to overcome obstacles. Rather, they try to approach an ideal performance that manifests virtues such as power, grace, and imagination.

This revised definition sparked a classic debate in the philosophy of sport between Suits and Meier. The latter criticized Suits’ revised definition of sport and defended the original one. For Meier (1988), Suits’ original definition is correct because what Suits calls ‘performances’ also have constitutive rules. For example, gymnasts perform their acrobatics in a specific space, utilising certain equipment. Kretchmar agrees with Meier that both types of sports are games, but acknowledges that performances place more emphasis on aesthetic criteria, calling them ‘beautiful games’ (Kretchmar, 1989). Despite criticism, Suits’ definitions of games and sport serve as the point of departure for most contemporary philosophical theorising about sport, thereby making Suits the most influential figure in the discipline.

Turning to formalism more generally, adherents of this view take rules to be the normative cornerstone of a proper ethical analysis of sport. They define the rightness and wrongness of conduct within sport solely in terms of rule-following. Strict formalists contend that one cannot play the game and break the rules at the same time (i.e. the ‘logical incompatibility thesis’). If gameplaying requires adherence to the rules, then any rule violation – intentional or otherwise – marks an end to the game. Formalists oppose strategic fouling and doping because both practices involve breaking the rules (Moore, 2017a; Morgan, 1987; Pérez Triviño, 2014).

Formalist analyses of sport hold important similarities to debates within the philosophy of law about the nature of law. Indeed, the works of philosophers of law such as Ronald Dworkin and H. L. A. Hart, as well as philosophical analyses of rules such as those of Immanuel Kant and John R. Searle, have been influential within formalism (Kretchmar, 2001; Torres, 2000).

Formalism has been criticised as an inadequate normative theory of sport on account of its failure to recognise non-rule based norms in sport. As formalists do not recognise normative reasons internal to sport other than the rules themselves, they lack criteria to evaluate existing or proposed rules as well as criteria to evaluate actions not contemplated in the rulebook. Kretchmar attempts to salvage formalism from this criticism by drawing on both Suits and Searle. In Kretchmar’s view, critics of formalism overlook the fact that games and, a fortiori , constitutive rules are created to serve a function: to provide engaging, artificial problems. Games are made by humans for humans. Human biological nature is, in Searle’s terms, a ‘brute fact’ that gamewrights consider when creating the rules. They craft games that fit human capacities to present a ‘just right’ challenge (Kretchmar, 2015a). Otherwise, games would fail to perform their function. Kretchmar argues that Suits’ account already contains the resources necessary to discharge this evaluative function of an adequate normative theory of sport. Suits argues that when games set an extremely difficult or extremely easy obstacle, individuals lose interest in playing them (Kretchmar, 1975). Such games, then, fail to fulfil their goal of providing players with a worthy set of obstacles to overcome.

Another criticism that has been levelled against formalism is the apparently implausible implication of the logical incompatibility thesis that any game in which a rule is broken ends at the point at which the rule-breaking occurs. If rule-breaking is incompatible with gameplaying then any foul or accidental transgression of the rules would cause the game to end. For instance, a 100m sprint would cease when a runner makes a false start. A basketball game would terminate when a player commits a strategic foul to prevent an opponent from scoring in a fast break. A tennis match would end whenever a shot is hit out. Formalists have attempted to overcome this objection by distinguishing between ‘constitutive rules’ and ‘regulative rules’. The latter allow the game to be reinstated following a transgression of the rules by determining how the game is to be restarted (e.g. restarting the race, a free kick, a second serve) and how rule-breakers are to be penalized (e.g. disqualified from the race, a penalty kick awarded to the opposing team, the loss of a point). For Graham McFee (2004b), this constitutive rule/regulative rule distinction does not address the objection adequately, as it remains unclear when a rule is constitutive or regulative. For instance, an outfield player in soccer using her hands to stop a counterattack would be considered a strategic foul and, therefore, judged according to a regulative rule. However, if players constantly used their hands, the game would become either impossible (e.g. all players are eventually sent off) or a different game (e.g. rugby or handball). Thus, according to McFee, rules must be understood based on how participants use them in specific contexts. However, formalism does not provide the resources to make these contextual discriminations. What criteria should we use to evaluate the rules of a sport? When should we change the rules of a sport? Can we evaluate a purported need for rule change without appealing to some consideration other than the rules themselves?

Conventionalism attempts to address the limitations of formalism by recognizing the normative significance of unwritten rules of the game. For conventionalists, rules do not exhaust the sources of normative reasons within sport. Conventionalists argue that rules (whether constitutive or regulative) cannot determine their own application and they fail to provide guidance for all possible eventualities in a game (e.g. situations that were not envisioned by the rule makers). In addition, a strictly rule-centric approach fails to account for the existence of unwritten norms that supplement the rules. Such norms exist independent of, and sometimes in conflict with, the formal rules.

Conventionalists argue that an adequate account of sport must appeal to collectively agreed-upon norms called ‘conventions.’ Fred D’Agostino, the pioneer of conventionalism, maintains that the conventions that operate within a game constitute the ‘ethos’ of the game. The ethos of a game is the ‘set of unofficial, implicit conventions which determine how the rules of a game are to be applied in concrete circumstances’ (D’Agostino, 1981, 15). Thus, from a conventionalist perspective, sports comprise both formal rules and conventions. For example, in soccer, convention dictates that the ball must be put out of play when any player requires medical attention. No written rule demands that players kick the ball out of play in such circumstances. However, any player who failed to do so would be subject to blame and rebuke. Conventionalism is better equipped than formalism to describe and understand how sports are actually practiced in specific contexts. For instance, despite playing the same game, amateur soccer players in a pick-up game and professional players in the World Cup final apply the rulebook differently (e.g. amateurs often suspend the offside rule, whereas the rule is crucial at the professional level). Likewise, the non-contact and travelling rules in basketball are applied differently depending on the context.

Critics acknowledge that conventionalism is a fruitful descriptive theory of sport, but point out that its normative implications are problematic (Ciomaga, 2013). For instance, much as formalism lacks the resources to distinguish good from bad rules, it has been objected that conventionalism too lacks ‘critical edge,’ for it fails to provide the resources necessary to distinguish good from bad conventions (Simon et al., 2015). That a convention in fact operates in a sport does not settle the question of whether it should operate. In short, conventionalists seem to take the status quo as normative. An implication of conventionalism would seem to be, then, that manifestly objectionable conventions (e.g. ‘never pass the ball to a black person’ or ‘spit at members of the opposing team whenever possible’) could be normative on a conventionalist scheme.

Drawing on David Lewis’ and Andrei Marmor’s work on conventions, conventionalists have attempted to address this objection by distinguishing ‘deep’ from ‘surface’ conventions (Morgan, 2012). This view is called ‘deep conventionalism’. Surface conventions are what Lewis called ‘coordinating’ conventions. Their main function is to help individuals to resolve recurrent, collective problems. For instance, Morgan argues that, when participating in a game, players may encounter situations that require collective decisionmaking related to the application of a specific rule or an event that disrupts the flow of the game. To solve these problems, participants harmonize their action by agreeing to uphold the same unwritten rules.

Deep conventions do not relate to problem solving and coordination. Rather, they are ‘normative responses to deep psychological and social needs for playing sports’ (Morgan, 2015, 39). Put differently, deep conventions shape sports into the various historical and social forms they have taken. For instance, the principles and ideals underlying the amateur view of sport, according to which participants engage in the game chiefly for the love of it, are deep conventions. Thus, a sport’s deep conventions determine the point of that sport and provide a rationale for playing the sport in a specific way by establishing what counts as normatively intelligible and justifiable within that sport. For example, amateur athletes often view sport as a perfective enterprise pursued for its own sake. They play sport for the love of the game not for instrumental benefit. The amateur’s emphasis on the intrinsic value of sport contrasts with the professional’s view of sport. For professionals, sport tends to be viewed as a serious, instrumental occupation, that is, a means to earn a living (Morgan, 2015, 40–41). Thus, amateurs and professionals evaluate differently practices such as training, doping, and strategising. While professionals embrace conduct that increases their chance of victory, amateurs are often more discerning, rejecting practices such as professional coaches and strategic fouling on the grounds that they are detrimental to the emphasis of the appreciation of the practice itself, not the instrumental goals achieved through it.

In response to critics of conventionalism, Morgan has argued that deep conventions provide evaluative criteria by which the moral standing of surface conventions can be assessed. However, it remains unclear whether Morgan responds satisfactorily to criticisms that have been leveled against deep conventionalism (Moore, 2018). How can deep conventions be distinguished from surface conventions? Does deep conventionalism only shift the ‘critical edge’ problem to the deep convention level? What resources does deep conventionalism provide to evaluate deep conventions?

In contrast both to formalists who see sport as constituted by rules only and conventionalists for whom sport is constituted by rules and conventions, broad internalists maintain that sport is constituted by rules, conventions, as well as underlying intrinsic principles (Russell, 1999; Simon et al., 2015). According to Robert L. Simon, one of the pioneers of this view, ‘broad internalism claims that in addition to the rules of various sports, there are underlying principles that might be embedded in overall theories or accounts of sport as a practice’ (Simon, 2000, 7). Intrinsic principles are key for broad internalists, as they provide the foundation for interpreting or understanding sport practices. Such principles are ‘presuppositions of sporting practice in the sense that they must be accepted if our sporting practice is to make sense or, perhaps, make the best sense’ (Simon et al., 2015, 32). Formalists and conventionalists fail to give due recognition to the idea that rules and conventions must be interpreted and applied so as to respect and promote normative principles that determine the point of the practice.

Ronald Dworkin’s interpretivist theory of law holds that law must be interpreted in accordance with principles (e.g. justice) without which legal practice would not make sense. Interpretivism heavily influenced Simon’s formulation of broad internalism. This is perhaps unsurprising as several broad internalists consider sport to constitute a type of legal system with its own jurisprudence (e.g. Russell. 2015). On Simon’s view, sport is interpreted by appealing to intrinsic principles, separate to rules and conventions, that define the logic of the practice. Justice and competitive excellence are examples of such principles. Without them, Simon’s argument continues, the sporting practice would not make sense. Drawing on different understandings of the intrinsic principles that underlie sport, three broad internalist approaches have been formulated: contractualism, the ‘respect for the integrity of the game’ account, and mutualism.

The contractualist approach holds that sports are made possible by an implicit social contract among participants. Agreement to partake in the practice and abide by a specific set of rules and conventions provides normative validity to the rules and conventions upheld during the game. For instance, Warren P. Fraleigh argues that sports are made possible not only by the rules, but also by the fact that players agree to follow them (Fraleigh, 1984). Inaugural events prior to sporting events symbolize such an implicit pact. In the Olympic Games, for example, countries parade with their respective national flags during the opening ceremony and, as in the Ancient Olympic Games (Miller, 2006), competitors swear an oath, agreeing to abide by the rules and the spirit of fair play.

The ‘respect for the integrity of the game’ approach was proposed by Robert Butcher and Angela Schneider (Butcher and Schneider, 1998). It focuses on identifying a game’s interest, that is, the interests of the game itself separate to the interest of players. These interests, so the argument goes, must be respected by all involved. The game is regarded as an intrinsically valuable entity which demands respect. To flesh out the idea that a game itself may have interests, Butcher and Schneider draw upon Kretchmar’s theory of sport as a contest aimed at comparing the participants’ performances and Alasdair MacIntyre’s notion of ‘social practice.’ Combining these views, Butcher and Schneider argue that a game is an activity in which participants test each other both to discover who is superior in that sport and to achieve certain goods and excellences internal to the practice. These goods and excellences are connected to the distinctive nature of sport and the participants’ experiences while engaged in them. For instance, the ability to kick a ball skillfully – to make a beautiful pass – is an intrinsic good of soccer.

The foundation of the mutualist view is the understanding of sporting competition as a ‘mutually acceptable quest for excellence through challenge’ (Simon et al., 2015: 47). Robert L. Simon, Cesar R. Torres, and Peter F. Hager have provided the most detailed account of this approach. They argue that mutualism is the philosophical theory that best conceives sport.

John S. Russell provides a similar account of sport, whereby

… rules should be interpreted in such a manner that the excellences embodied in achieving the lusory goal of the game are not undermined but are maintained and fostered. (Russell, 1999, 35)

For Russell, as for Simon, broad internalism ‘generate[s] a coherent and principled account of the point and purposes that underlie the game, attempting to show the game in its best light’ (Russell, 1999, 35).

By way of illustration, Russell (1999) recounts a baseball match from 1887 between Louisville and Brooklyn in which a Louisville player, Reddy Mack, who had just crossed home plate interfered with a Brooklyn catcher, preventing him from tagging another Louisville runner. While the interference was ongoing, another Louisville player crossed home plate. Crucially, at the time of the game, the rules prohibited only base runners from interfering with fielders. However, when Mack interfered with the Brooklyn fielder, he was no longer a runner, because he had crossed the home plate. So, the rules did not explicitly prohibit Mack from interfering with the fielder. If the umpire followed the rules strictly, then Mack’s interference should have been allowed, and the runner who followed Mack to home plate should not have been ruled out. However, as Russell notes, following the rules in this way would have invited further interference of fielders by non-base runners, so the game would likely have descended into a ‘nine-inning-long wrestling match’ (Russell, 1999: 28). To prevent such an outcome, the umpire read into existence a rule that prohibited non-base runners from interfering with fielders. So, he called out the runner who made it to home plate following Mack. This exercise of discretion was not subsequently overturned, and it precipitated a rule change to prohibit non-base runners from interfering with fielders. Indeed, it seemed necessary to depart from the rules to protect the nature of the sport. The umpire might be understood to have considered the purpose of the sport in deciding how he should rule on this incident. Baseball is a sport that tests excellence in running, batting, throwing and catching – but not wrestling. The umpire interpreted (and amended) the rules in light of the sport’s underlying purpose. In short, the umpire had to appeal to principles that underlie the rules and conventions to decide how the rules should be applied, and, in this case, to read a rule into existence. In inventing a rule to govern this situation which the rulemakers had likely never countenanced, the umpire protected the integrity of the game. For broad internalists, this example demonstrates the necessity of appeal to principles that precede the rules and conventions.

Broad internalist accounts closely connect sport to the pursuit of excellence, as they typically view the fundamental purpose of sporting competition to be the display of sporting excellence. The connection between competition and excellence allows mutualist philosophers to develop a critical-pedagogical view of sport’s competitive nature. This view challenges the strong emphasis placed on victory at the elite level. For Simon, when victory is overemphasized, sports are seen as ‘zero-sum’ games (Simon, 2014), that is, games where only the victor can benefit from participation.

On the mutualist view, sports are ‘non-zero-sum’ games. All players can benefit from participation, even those who lose. Through competition, players push each other to perform and improve. While only one player or team can win, all can benefit from competing, as competition can provide an avenue to more fully perfect one’s abilities. When sport is at its best, competitors struggle cooperatively for excellence. On this view, the intrinsic principles of sport do not revolve around the pursuit of victory, but the cultivation of excellence. Drawing on MacIntyre, mutualist philosophers argue that the goods more directly connected to victory are external to the practice, whereas those linked to excellence are internal (McFee, 2004a). Mutualism is an Aristotelian-inspired teleological account of sport, whereby the purpose of sport is understood to be the promotion of human flourishing. This view of sport resonates with that of the Olympic Movement and its founder Pierre de Coubertin (Loland, 1995).

Broad internalism has been criticised on three principal grounds: for failing to adequately acknowledge the importance of history to a proper normative account of sport; for its reliance on interpretive principles that are too vague to provide any practical guidance to decisionmaking in sport (Morgan, 2016); and for delivering an incomplete account of sport (Kretchmar, 2015b; Nguyen, 2017). Drawing on Thomas Nagel, Morgan argues that broad internalism provides a ‘view from nowhere’ notion of sport that fails to acknowledge the historical and social situatedness of sporting practices (Morgan, 2012). Kretchmar contends that broad internalism provides a restrictive view of sport built upon the value of work and excellence (Kretchmar, 2016). On this view, we should be pluralists, not monists, about the intrinsic value of sport. Excellence captures some of sport’s intrinsic value, but it is only a partial account. Paraphrasing Russell, mutualism shows sport in only one of its best lights.

3. Topics in the Philosophy of Sport

In this section, we explore the central philosophical problems that arise in sport and how they have been addressed in the literature. In particular, we chart the landscape of the following seven leading ethical problems: (a) sportsmanship; (b) cheating; (c) performance-enhancement; (d) dangerous and violent sport; (e) sex, gender, and race; (f) fans and spectators; (g) disability sport; and (h) sport aesthetics.

Sportsmanship is the quintessential sporting virtue. It has also been thought important to civic and cultural life beyond sport (Sabl, 2008). Nevertheless, the concept has received little philosophical attention. The literature on sportsmanship converges on the view that this virtue requires more than mere compliance with formal rules. However, there are two principal disputes in the literature: whether sportsmanship is a virtue at all levels of sport or just at the recreational level and whether sportsmanship is a unified concept or a cluster of distinct virtues.

The traditional point of departure in the sportsmanship debate is James W. Keating’s ‘Is Sportsmanship a Moral Category?’ (1965). On this account, there is a moral distinction between ‘sport’ (recreational sport) and ‘athletics’ (competitive sport). Standards of ethics appropriate to sport at the recreational level are not equivalent to those appropriate at the competitive level. Indeed, conduct appropriate to the recreational sport may be morally objectionable at the competitive level and vice versa. This moral discontinuity between recreational and competitive sport extends to sportsmanship. Specifically, as the goal of recreational sport is ‘pleasant diversion’, the essence of sportsmanship in that context is ‘generosity’ (Keating, 1965, 34). This requires the participant always to try to increase the enjoyability of the activity both for themselves and for other participants. In athletics, where the overriding goal is ‘honorable victory’, sportsmanship requires ‘fairness’. The type of fairness in question is formal fairness – ‘equality before the law’ (Keating, 1965, 34). An equal and impartial application of the rules, as dictated by formal fairness, purportedly helps to ensure that competition fulfills its purpose as a test of athletic excellence and that victory correctly tracks athletic superiority (Keating, 1965, 34).

Keating’s distinction between sport and athletics has been contested. Simon et al. (2015) have suggested that this distinction is too sharp. A given contest can contain elements of both sport and athletics. Moreover, sportsmanship requires more than, as Keating suggests, generosity to opponents or fidelity to the rules. Not only does sportsmanship require respect for the principles that underpin morally defensible competition, it also requires positive action to protect and promote these principles. Randolph Feezell (1986) offers an understanding of sportsmanship that seems to combine both, as sportsmanship is understood as the mean between excessive seriousness and excessive playfulness in sport.

Diana Abad (2010) argues that sportsmanship should not, as typically assumed, be treated as a unified concept. Instead, sportsmanship is constituted by four irreducible elements: fairness, equity, good form or honour, and the will to win. These elements are not only analytically distinct but also potentially incompatible. However, she argues that such conflict between these values can be resolved by striking an appropriate ‘balance’ between the conflicting elements.

In contrast to sportsmanship, cheating represents, at least prima facie, the chief form of moral failure in sport.

Cheating has proved to be a notoriously difficult concept to define. A commonsense understanding of cheating as the ‘intentional violation of the rules to gain a competitive advantage’ is replete with difficulties (Green, 2006; Russell, 2017). For example, if cheating is necessarily a type of rule violation, what of the violation of conventions and other norms not captured by the formal rules? If cheating must be aimed at the attainment of competitive advantage, what of intentional rule-breaking that aims to rectify an earlier injustice (e.g. cheating or refereeing error) that advantaged one’s opponent?

Leaving aside definitional issues and turning to the moral status of cheating, moral objections to cheating typically rest on two principal arguments. The first invokes the logical incompatibility thesis – the idea that rule-breaking is not compatible with game playing, because game playing requires strict adherence to the rules (see sect. 2.1). This argument could justify a prohibition of only forms of cheating that involve rule-breaking: it could not ground an objection to cheating that involves the violation of conventions or broad internalist principles. The second argument relies on the idea that cheating is an attempt to gain an unfair advantage, that is, an advantage not permitted under the agreement between players or the set of norms by which players are expected to abide (Gert, 2004). Fairness-based objections may not ground a prohibition to ‘retaliatory’ or ‘compensatory’ cheating that is undertaken to re-establish fairness following an injustice that has placed a competitor at an unfair disadvantage (Kirkwood, 2012).

The moral impermissibility of cheating has been challenged from several directions. The case of cyclist Lance Armstrong has provided a focal point for some of this debate (Moore, 2017b; Pike and Cordell, forthcoming): is cheating wrong if one’s competitors (or at least a significant proportion of one’s competitors) are also cheating? That is, does one’s duty not to cheat cease if one’s competitors do not discharge their duty not to cheat? Here the problem of ethics in non-ideal theory (i.e. acting in conditions of only partial compliance with justice) arises in sport.

Oliver Leaman has argued that cheating can become part of the skill and strategy of a game, thereby adding to the game’s excitement and interest for both players and spectators. If cheating is accepted as part of the game such that all competitors recognize cheating as an option (whether or not they avail of that option), then concerns over equality and justice do not arise (Leaman, 1981) In these circumstances, according to Leaman, cheating would be morally permissible.

Hugh Upton (2011) has gone further to suggest not only that cheating may be morally permissible in certain circumstances but that one may be morally required to cheat. This moral requirement arises specifically in team sports where, from a duty of loyalty, a player may owe her teammates maximum effort to win the game subject only to the requirements of fair play that are routinely observed in the sport. To observe standards of fair play that are not usually observed in the sport may be ‘self-indulgent’, demonstrating an undue concern for one’s own ethical propriety at the expense of one’s teammates. On this view, the duty not to let down one’s teammates may imply a duty to cheat.

Finally, it is worth noting the related discussion of ‘gamesmanship’. This is a term used to denote conduct that falls short of cheating (as it does not violate the formal rules) but is morally dubious nonetheless. Such acts might include the intimidation of one’s opponent, the manipulation of officials, or the intentional disruption of an opponent’s preparations (e.g. coughing just as she is about to putt). Gamesmanship may add a test of one’s psychological robustness to the sporting contest, but this may diminish the contest as a test of athletic excellence (Howe, 2004). While such conduct is not formally proscribed, it speaks to a question that every athlete must ponder: what should I be prepared to do to win?

Athletes have attempted to improve their performances by deploying a variety of different performance enhancers, ranging from pharmaceutical substances (e.g. anabolic steroids) to equipment (e.g. full-body 100% polyurethane swimsuits), with genetic manipulation seemingly just around the corner. Which, if any, performance-enhancing methods should be allowed in sport? Is there any good reason to restrict their use, or should athletes be free to use whatever methods they choose? This debate cuts to the very heart of questions regarding the purpose of sporting competition and what counts as excellent athletic performance (Møller, Hoberman, and Waddington, 2015).

The most widely discussed form of enhancement is the use of performance-enhancing drugs (i.e. ‘doping’). There are three sides in the doping debate: ‘pro-doping’, ‘anti-doping’, and ‘anti-anti-doping’ (McNamee 2008; Murray 2016: 128–133). Those who regard doping as a morally acceptable practice that should not be banned from sport are pro-doping. For them, the use of performance-enhancing methods or substances is justified because it aligns with the idea that a central purpose of sport is to strive to be better or, more broadly, it aligns with a natural human impulse to create tools to achieve our goals (Brown, 1980, 1984; Møller, 2009; Savulescu, Foddy, and Clayton, 2004). For instance, Savulescu et al. argue: ‘Far from being against the spirit of sport, biological manipulation embodies the human spirit – the capacity to improve ourselves on the basis of reason and judgment’ (Savulescu et al., 2004, 667). Pro-doping arguments typically rely on the claim that doping is morally equivalent to the use of other sports technology or medical interventions that are widely accepted in sport (e.g. cushioned running shoes, graphite tennis rackets, or Lasik eye surgery). If we are willing to allow their use, so the argument goes, then it would be irrational to preclude the use of performance-enhancing substances (Murray, 2018).

The anti-doping side argue that restriction on the use of performance-enhancing methods is justifiable. They typically appeal to any of the following arguments: (a) performance enhancement runs counter to the intrinsic nature of sport by undermining its central purpose – the cultivation and display of sporting excellence (Devine, 2011; Sandel, 2007); (b) performance enhancement compromises the fairness of competition by providing its users with an unfair advantage (Douglas, 2007; Loland, 2002); (c) performance enhancement exerts a negative and dangerous influence on society, especially young people, by spreading acceptance of drug use (Pound, 2006); (d) performance enhancement is intrinsically immoral as it is the expression of a morally corrupt character or violates a moral value (e.g. authenticity or naturalness) (Bonte and Tolleneer, 2013; Habermas, 2003; Sandel, 2009); and (e) performance enhancement is harmful to participants (Hølm, 2007; Kayser and Broers, 2015; Savulescu, 2015).

Finally, proponents of the anti-anti-doping view object morally to the practical implications of anti-doping regulations (especially with regard to policing the use of performance enhancing drugs). On this view, a ban on performance-enhancing drugs should not be imposed, even if justifiable in principle, because the implementation of such a ban would necessarily involve morally objectionable practices. Anti-anti-doping arguments criticise the fight against doping on the grounds that it costs too much (in both economic and moral terms) and secures insufficient benefit in terms of the promotion of compliance and the identification of non-compliance with anti-doping rules (Kayser et al., 2005, 2007). Advocates of this view may endorse principled objections to doping but believe that the institutional requirements for policing such a ban are not morally justifiable. Such an objection includes concerns that the institutional framework associated with anti-doping involves the violation of athletes’ rights (Tamburrini, 2013), that anti-doping policy too closely resembles a criminal justice system (Kornbeck, 2013), and that the normative assumptions that underpin anti-doping campaigns are morally problematic. Anti-anti-doping advocates propose alternative regulations that often involve the legalization of currently banned substances and methods (Pérez Triviño, 2013; Tamburrini, 2000b; Tamburrini and Tännsjö, 2005; Tännsjö, 2009) or the adoption of a harm-reduction approach (Kayser et al., 2005, 2007).

Exposure to the risk of significant physical harm is intrinsic to participation in many sports. The category of ‘dangerous sport’ includes non-violent sports such as free solo rock-climbing and downhill skiing, collision sports such as American football and rugby union, and combat sports such as boxing and mixed martial arts. What is the value of dangerous sports, and how, if at all, should the state regulate such activities through public policy?

Russell argues that dangerous sports manifest distinctive forms of value (2005). Their value lies in the perfectionist ideal of ‘self-affirmation’, whereby we challenge and resist the ordinary bounds of our lives and attempt to extend those boundaries to surpass the apparent limits of our being (Russell, 2005). Russell further argues that these kinds of sports can be of particular practical benefit for children. Such activities place children in a context in which they must confront danger, thereby preparing the child for adulthood, as well as helping the child to discover and affirm aspects of her selfhood (Russell, 2007).

Others have suggested that, in their current form, collision sports such as American football and combat sports such as boxing should be banned by the state. Nicholas Dixon (2001) has argued on autonomy-based grounds that boxing which involves blows to the head should be banned, but boxing that limits the permissible target area to the area between the waist and the head should be permitted. Others have defended the status quo on the grounds that any attempt to criminalise boxing will lead to the sport moving underground where more harm may result (Warburton, 1998).

Pam Sailors (2015) has argued that American football, both at the professional and amateur levels, is morally objectionable, though she stops short of proposing its prohibition. She grounds this objection on harm to the players, the objectification of the players, and the harms done by players to non-players. Angelo Corlett (2019) has argued, more narrowly, that a prohibition of American football at the inter-collegiate level could be justified on account of the large healthcare and medical costs that must be borne by the general public arising from associated injuries. Mike McNamee and Francisco Javier Lopez Frias have called for caution regarding the proposed prohibition of American football and other collision sports that pose the risk of permanent brain injury. In particular, they critically analyze arguments for the elimination of such sports that draw on Mill’s consensual domination principle. These arguments equate the decision of playing football with that of selling oneself to slavery (consensual domination). According to Lopez Frias and McNamee (2017), human beings should be allowed to pursue the kind of lives that they have reasons to value, even if that involves consensual domination. For them, the nature of the goods people pursue in their lives might justify the sacrifice of future autonomy. Moreover, they challenge the idea that CTE-related injuries are morally equivalent to harms that arise from consensual domination. In a latter paper, Lopez Frias and McNamee propose that one possible solution to the debate over the reform or prohibition of such sports should have at its centre the concept of ‘social good’ (Lopez Frias and McNamee, 2019).

Sporting competition has traditionally been sex-segregated along the binary ‘male/female’ distinction, and challenges to the prevailing understandings of sex and gender have been heard within the sporting community since the 1960s. Two principal questions with regard to sex and gender arise in sport: is sex segregation in sporting competition morally justifiable? If so, in what category should trans and intersex athletes compete?

The starting point for the sex segregation debate is Jane English’s ‘Sex Equality in Sport’ (1978). English considers what equality of opportunity between the sexes requires in sport. She argues that a just society would incorporate a greater variety of sports than at present. Specifically, sports that reward ‘women’s distinctive abilities’ (English, 1978, 227) (e.g. flexibility, low centre of gravity) would be more numerous. On grounds of self-respect, women should enjoy roughly half of the ‘basic benefits’ of health and recreation. This includes the right to equal facilities. This would require significant re-ordering of how resources are distributed between the sexes within sport. Ultimately, however, English advocates a (qualified) retention of binary sex segregation in sport. The contours of this distinction have been challenged by intersex, trans, and non-gendered athletes who do not fit comfortably into either category. The question ‘Who is a sportswoman?’ (Camporesi, 2017) has never been more contested.

To police sex segregation in competition, sports authorities have adopted a variety of approaches to sex verification at different times since the 1930s. These have included visual tests, chromosome tests, and testosterone tests. The prevailing approach to the eligibility of trans women to compete in women’s events does not preclude those who are biologically male from competing in women’s sport, but it requires that their testosterone level remains below a certain threshold for a period prior to and continuously throughout their time competing in women’s competition (IOC, 2015). The requirement that trans, as well as intersex, women whose natural testosterone level is above the permitted threshold must undergo hormone treatment (i.e. androgen suppressive therapy) to bring their level below that threshold has been criticised as the unnecessary medicalisation of healthy athletes and a violation of the principle of beneficence in medical ethics. (Camporesi, 2016). Critics have suggested that athletes should not be required to meet certain physiological criteria to be eligible to compete in a particular gender category. Proposals sympathetic to this view have included that athletes should be allowed to compete in the gender category with which they identify (Davis and Edwards 2014); that trans women athletes should be allowed to compete in women’s sport but, to mitigate unfair advantage, should be subject to a handicap based on effective testosterone levels (Bianchi, 2017); and, finally, that eligibility should be determined by legally recognised gender (McKinnon and Conrad, forthcoming)

At the heart of this debate is whether trans women enjoy an unfair advantage over cis female athletes (i.e. athletes who were assigned the sex of female at birth and whose gender identity is female). Some have suggested that testosterone has not been proved to provide an advantage in competition (Camporesi, 2016) or that the advantage it provides, even if unfair, may be tolerably unfair (Devine, 2019). Moreover, no attempt is made to regulate other biological and genetic variations that provide a clear performance advantage. For example, there is no attempt to exclude or regulate athletes with Marfan syndrome. However, the long limbs and flexible joints associated with that condition provide a clear advantage for swimmers, basketball players, and volleyball players. It has been suggested that, if there is no morally relevant difference between advantages that result from sex and those that result from other biological and genetic variations, why should testosterone levels be regulated when other such variations relevant to sporting performance are not (Camporesi 2017; Camporesi and Maugeri 2016)?

A more fundamental challenge has been levelled at the very institution of sex segregation in sport. It has been proposed that the organisation of sport should be indifferent to an athlete’s sex, so men and women should compete with and against each other. On this view, rather than retaining sex segregation, which involves discrimination against women as well as complex questions concerning the proper categorization of intersex, trans, and non-gendered athletes, we should eliminate sex segregation altogether, and sport should either be open (not segregated at all) (Tamburrini, 2000a, ch. 6; Tännsjö, 2000) or segregated along dimensions other than sex such as weight, height, haemoglobin level, or testosterone level (Knox et al, 2019).

Aside from the sex segregation question, there has been much discussion of sport as a site of gender politics. The role that sport plays in the construction of gender (including gender hierarchies) was taken up in Iris Marion Young’s classic paper ‘Throwing Like a Girl’ (1980) which explores the modalities of feminine bodily existence for women in contemporary society. Young’s central claim is that such modalities of feminie movement, motility, and spatiality have as their source not anatomy or physiology but the particular situation of women, which is shaped by sexist oppression (Young, 1980). The framework developed by Young has inspired phenomenologies of female embodiment in particular sports such as surfing (Brennan, 2016) and climbing (Chisholm, 2008), which delineate the oppression of women within these sporting communities arising from prevailing sexist notions of the female body. Young has also argued that, as long as women’s bodies are understood as objects, they are excluded by the culture from sport. This cultural exclusion of women from sport, in turn, creates a masculine bias within sport, which precludes the exhibition of sport’s potential humanity (Young, 1979). There has also been discussion of whether the very nature of competiton – a central feature of sport – is masculinist and inherently incompatible with feminism (Davion, 1987).

Compared to the well-developed literature around sex and gender in sport, issues around race and sport have received surprisingly little attention in the philosophy of sport literature (with exceptions including disparate articles by Mosley, 2003; Lapchick, 2003; and Marqusee, 2003). However, recent political activism by American football star Colin Kaepernick to highlight systematic racism in the United States against African Americans has inspired philosophical work about race and sport, and the ethics of political activism by athletes (Brackett, 2017; Klein, 2017; Marston, 2017; Sailors, 2017; and Rorke and Copeland, 2017).

Several Foucauldian post-structuralists and existentialists have explored the connections between hegemonic racial power structures and sport (Early, 2007). For instance, writers such as Grant Farred (2018), Erin C. Tarver (2018), and Katrhryn E. Henne (2015), have explored themes around sports and white (and/or colonial) hegemonic interests. They have examined whether sport and the engagement of minorities in sport perpetuates and promotes white privilege and white interests (Henne, 2015). They have also critiqued the hegemonic forces purportedly used by the institutionalized and corporate structure of sport to discipline and exploit minorities, especially in professional sport and American college sport (Hawkins, 2001; Farred, 2018).

What is the best way to watch sport? Is our fascination with and admiration of elite sportspeople morally defensible? The debate about the most valuable form of spectatorship has revolved around whether the ‘purist’ model of spectator is superior to the ‘partisan’ model. Purists derive aesthetic pleasure from good play. They appreciate a virtuoso performance irrespective of the performer, that is, irrespective of which team or athlete delivers it (Dixon, 2016). Purists have no allegiance to any particular team but appreciate feats of athletic excellence on their merits only. They appreciate good play, as one might appreciate a work of art without knowing or caring about the identity of the artist. For purists, a proper appreciation of the spectacle is paramount, and allegiance to a particular team threatens to undermine a proper appreciation of sport.

Chief among the criticisms of purism (Russell, 2012; Feezell, 2013; Mumford, 2011, 2012) is its neglect of partisanship. Partisans espouse the virtue of supporting a particular team, even when that team plays poorly. Loyalty is paramount to partisans, and they follow their team through good times and bad. Partisans typically support their favoured team zealously, and they cheer for their team’s success. For partisans, it matters that their team wins, even if they display less, or a lower form of, athletic excellence than the opposition.

Some have argued that the admiration of individual sporting heroes, characteristic of purist spectators, is morally problematic. On this view, enthusiasm and awe surrounding the achievements of elite athletes are not morally respectable. Indeed, such attitudes reflect a fascistoid ideology (Tännsjö 1998, 2005). Admiration for winners in sport involves the celebration of strength and, inevitably, the expression of contempt for weakness. Strength is understood as a trait for which one is not responsible but which has its origin in genetics (Tännsjö 2005), so admiration for athletes based on their strength is thought fascistoid. On this view, in admiring the victor(s), we cannot but demonstrate contempt for the loser(s): admiration for the former and contempt for the latter are two sides of the same coin.

It has been argued against Tännsjö’s account that it is descriptive rather than normative. At best, Tännsjö describes how spectators do behave, not how they should behave. Moreover, admiration for the winner does not necessarily imply contempt for the loser, and by extension, for the weak. Contra Tännsjö, there is no necessary link between these two attitudes. Our admiration of elite athletes need not rest on an appreciation of their excellence understood solely in terms of strength (Tamburrini, 2000, ch. 5), as admiration for sports stars, properly understood, is only to a limited extent admiration of them because of their physical strength (Persson, 2005).

‘Disability sport’, also referred to as ‘Paralympic sport’ or ‘sport for athletes with disabilities or impairments’ contrasts with sport for able-bodied persons. The two principal ethical questions that arise regarding disability sport are: 1. What criteria should be used to classify disability athletes in competition?; and 2. Should disability athletes, specifically those with prosthetic limbs, be allowed to compete with able-bodied athletes?

Who may be considered a Paralympic athlete? In order to compete in disability or Paralympic sport, one must be classed as having a disability. The notion of disability is a contested concept (Boorse 2010, 2011; Nordenfelt 1987, 2007). It is unsurprising, then, that, what counts as a disability for the purpose of sport and how to categorise those with disabilities for the purpose of competition are matters of some dispute (Edwards and McNamee 2015). For example, for an athlete to qualify as a disability athlete, must her disability be permanent, or could it be temporary? Could the disability be only somewhat impairing or must it be profoundly impairing?

Central to this dispute is whether it is preferable to adopt a ‘functional classification system’, which would group together athletes with different disabilities but similar ability levels, or a ‘disability-specific classification system’, which would group together athletes with similar types of disabilities despite different capabilities. At least for the purposes of the quadrennial Paralympic Games, this question cannot be addressed adequately in isolation from the proper aims of the Paralympic Movement, including whether these aims are in contrast with, or even in tension with, those of elite able-bodied sport.

The second question concerns the appropriate relation between disabled and able-bodied sport. Specifically, should disabled athletes who use prosthetic limbs be allowed to compete in able-bodied sport? Oscar Pistorius was controversially permitted to compete in the 400m at the Olympic Games in 2012 (in addition to the 2012 Paralympic Games) despite using carbon-fibre prosthetic legs. Some objected that his prosthetic legs conferred him with an unfair advantage while others questioned whether the prosthetics precluded him from ‘running’ in the relevant sense at all (Edwards, 2008).

Finally, the practice of Therapeutic Use Exemptions (TUEs) operates in elite able-bodied and disability sport to allow athletes with chronic or temporary illness to use medication for therapeutic (as opposed to enhancement) purposes that they would otherwise be prohibited from using. This practice has proved controversial as the therapy/enhancement distinction is difficult to specify with precision (Daniels, 2000), and the system has been criticised as open to abuse. However, if the use of such substances were denied across the board, athletes with chronic conditions, for example, would effectively be excluded from sport on account of being unfairly disadvantaged (Pike, 2018).

While the ethical analysis of sport has been the central preoccupation of recent philosophy of sport, the last two decades has seen a revived interest in the aesthetic analysis of sport (Edgar, 2013b; Lacerda, 2012a). The study of aesthetics and sport has focused on two principal areas. The first concerns the relevance of aesthetic qualities to the experience of playing and watching sport. Does sport elicit aesthetic values? If so, what are these values and are they inherent to or only incidental to sport? The second examines the relationship between sport and art. Is sport one of the arts? If so, what makes sport an art? An early precursor of these discussions is C. L. R. James’ (1963) classic, Beyond a Boundary . In his seminal analysis of cricket, James explores the identity between sport and art, arguing that both yield aesthetic pleasure because they have been created to be beautiful.

Related to both of these concerns is whether the aesthetic appreciation of sport is distinctive, that is, different in kind to other forms of aesthetic appreciation. For Joseph Kupfer (1975), sport has multiple purposes. One of these purposes is to create aesthetically pleasant experiences. Stephen Mumford (2011) observes that the aesthetic values elicited by sports depend on the physical demands that each sport makes of participants. However, in Mumford’s view, all sports yield aesthetic experiences related to bodily motion and grace, high-level abstract forms, drama, and innovation and genius. Edgar (2012, 2013a) criticizes this view as narrow because it connects sport only to values related to harmony, neglecting the fact that sport is also ugly. Since sport yields aesthetic pleasure, James (1963) argues that sport should be seen as one of the arts. More recently, Spencer K. Wertz (1985; 1985), Hans Ulrich Gumbretch (2006), and Wolfgang Welsch (1999) have supported the idea that sport has aesthetic qualities and that sport should be regarded as an art. However, some have denied sport’s artistic credentials.

Eliseo Vivas (1959, p. 228) contends that, unlike aesthetic experiences, sport cannot be experienced disinterestedly. To do so, one must bracket an essential feature of sport: competition. For Maureen Kovich (1971), if athletes and spectators focused on the aesthetic aspects of sport, their preoccupation would be the observation and creation of art in movement rather than on scoring and winning. The main purpose of sport is to meet physical challenges and to compare oneself to others in doing so. For instance, in the high jump, the goal is to clear the bar by jumping over it. Athletes compete to see who can jump the highest, not the most beautifully. Dick Fosbury introduced the ‘flop’ not because it was more beautiful than previous techniques (i.e., scissors, western roll, and straddle jump), but because it was more effective (2007). To ignore the essential competitive elements of sport in favor of aesthetic principles is to fail to take sport seriously. To strengthen this claim, Paul Ziff (1974) argues that some sporting events have little or no aesthetic value. Often, athletes play dirty and achieve ugly victories. In support of this view, David Best (1974, 1985) argues that most athletes prefer an ugly victory than a defeat where they have performed gracefully. On this view, not only is aesthetics inessential to sport, but the pursuit of aesthetic purposes can undermine the achievement of sport’s main goals. Thus, Ray Elliot (1974) posits that the goddess of sport is not Beauty but Victory. Creating beauty should never be the main goal of sport. Aesthetics is incidental in sport, whereas, in art, it is the principal aim. Therefore, sport is not an art.

A further challenge to the idea that sport can be art is that art concerns something beyond itself, whereas sport concerns play and nothing in real life beyond play. For instance, an actor playing Hamlet is not Hamlet in real life. They represent the modern individual’s existential struggle. By contrast, a point guard in basketball is actually a point guard; point guards do not represent anything outside the game of basketball. In response, Kevin Krein (2008) and Tim L. Elcombe (2012) have argued that, like art, sports convey values and meanings external to sport that represent, or present an alternative to (in the case of non-traditional sports such as climbing and surfing), the culture in which sport practitioners find themselves. In Terrence J. Roberts’ (1995) view, athletes are ‘strong poets.’ They expresses something about our life situation as embodied agents (Mumford, 2014). Drawing on Nelson Goodman (1978), philosophers such as Edgar, Breivik, and Krein understand sport as worldmaking, that is, sport embraces and refigures symbolic worlds outside of sport, opening up new ways of describing, or making, such non-sporting worlds. Sport provides resources for re-describing the non-sporting world. Building upon this view of sport, Edgar (2013a) argues for a shift from sport aesthetics to sport hermeneutics, that is, to the interpretation of the meaning of sport and how that meaning is interpreted (see Lopez Frias & Edgar, 2016).

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The Stanford Encyclopedia of Philosophy is copyright © 2024 by The Metaphysics Research Lab , Department of Philosophy, Stanford University

Library of Congress Catalog Data: ISSN 1095-5054

British Philosophy of Sport Association

Official website, ethics and sport.

Originally published by the Learning and Teaching Support Network , reprinted here with their permission. – Written by Mike McNamee.

Introduction

Among the different sub-disciplines of philosophy that are worked by philosophers of sport, in the last decade there is little doubt that the sub-field “ethics of sport” has seen the most growth and activity. Typically, some confusion surrounds the precise nature and scope of the concept “sports ethics” itself. While it is both difficult and undesirable to police language and to prescribe usage that dissipates conceptual confusion effectively, it may be helpful to observe some important distinctions before describing the work of philosophers in the area of “ethics of sport”.

Ethics and Morality

In the first instance, the words “ethics” and “morality” are used interchangeably in everyday language. Many mainstream philosophers have come to question the concept “morality” as a peculiarly western convention whose ambitions to universalise guides to right conduct were overly ambitious in scope. Along with the project of modernity, philosophers were looking to universalise ethics along the lines that scientists had so powerfully done in discovering natural laws and thereby “mastering” the world. A number of traditions of moral thinking emerged which shared certain features in their development of systems of thought that ought to guide the conduct of citizens of the globe wherever they existed. In this modern philosophical vein, “ethics” was used to refer to the systematic study of morals; ie. universal codes or principles of right conduct. The distinction between rules, guidelines, mores or principles of living (“morality”) that exist in time and space and systematic reflection upon them (“ethics”) is still worth observing. The idea that morality refers to what all reasonable persons will conform to, requires much more careful attention.

Having suggested then, a distinction between “morality” and “ethics”, it is worth noting that the very concept of “ethics” itself is a hotly contested one. There are a host of theoretical positions too numerous to list here (but including contractarianism, emotivism, intuitionism, and rights theory in the West, and a host of religio-ethical systems such as Confucianism in the East). One common way of capturing the contestedness of the terrain has been caught up in the terms “descriptive ethics” and “normative ethics”. Ultimately, the distinction cannot survive close logical scrutiny, but it can be useful in detecting what are at least prima facie differences in the aims of certain philosophical and social scientific scholars interested in a range of concepts and practices such as admiration, cheating, deceiving, lying, promising, respecting, virtues and vices and so on.

Ethics: Philosophy and Social Science

In the sports related literatures, most of what is called “ethics” is simply social science by another name. It is better, perhaps, to call it social scientific descriptions of ethically problematic practices, persons or policies. The older label “descriptive ethics” was designed to capture precisely such operations. Here researchers seek to describe that portion of the world that is ethically problematic by the received methods of social science; observation, ethnography, interview, questionnaire and the like. The most common examples of “ethics” in sport that spring up in casual conversations, as well as the academic literature, are matters of equity (i.e. social justice in terms of unequal pay for male and female sports stars) and/or of access (for example, with respect to racism or disability), deviant sub-cultures and practices (for example, so-called football “hooliganism” and cheating, sexual-abuse/harassment or doping), the prevalence of sport as a site of child abuse and exploitation, homophobia, and so forth.

There is another conception of “ethics” which as noted above is quite simply moral philosophy. Under this conception of ethics, academics are engaged in the systematic conceptual enquiry of reflective questions regarding how we ought to live our lives. This entails the analysis of central concepts such as duty, right, harm, pain, pleasure and promise within (often ignored) theoretical perspectives such as deontology, utilitarianism, virtue ethics, and so forth. Each of these moral philosophical traditions aims to systematise thinking about the nature of ourselves in the contexts of good and right living and conduct. Nevertheless, their nature and scope differ widely. At some points they are coherent and comparable, at other times and pressed into particular questions they throw up radically divergent norms for conduct.

The distinction between descriptive ethics – which was supposed to be an entirely value-free endeavour, and normative ethics – which was supposed to issue in authoritative guidance – is, unsurprisingly enough, a contentious one. It is conceived of differently according to how one understands the nature of “ethics” itself. Questions such as whether there are moral facts; whether there is a clear distinction between facts and values; how the fact:value relationship is characterised; whether moral obligations override considerations of virtue and so on, are not answerable from outside a given theoretical perspective. But there are difficulties with a distinction that tries to distinguish one programme that sets out to describe the world from another that prescribes a programme for action. The two are intertwined in complex ways. Most philosophers working in mainstream ethics and in the ethics of sport have given up the idea of a neutral, descriptive, ethics (of sports) and pursue normative programmes for which they attempt to give reasonable support in terms of the clarity and coherence of their developed position. Still the distinction need not be sharp to be important.

Mainstream Ethical Theories in the Ethics of Sports

In most writings in the ethics of sports, three families of theories have been adopted; two modern and one ancient. Modern moral philosophy was dominated by the universalistic ethics of either consequentialism or deontology. Over the last twenty years or so (a relatively recent time slice in philosophical thought) there has been a revival of virtue-theoretical work in mainstream ethics and in the ethics of sports. Some introductory remarks and indications of indicative sources in the literature, must suffice here.

Deontology (from the Greek word “deon”: roughly, duty), is the classical theory of the right action. Before we act as deontologists (the German philosopher Kant is the key figure here), we must consider those duties (usually in the form of principles or rights) which we owe others in our transactions with them. The system of principles is usually thought to have its foundation in a super-rule (often called the Golden rule – enshrined in Christian thought among others) that one ought always to treat others with respect. To cheat, deceive, harm or lie to people is to disrespect them. Warren Fraleigh’s classic “Right Actions in Sport” is a beautiful statement of the deontological ethic in sport. It attempts to cash out a system of guides to right conduct for participants and coaches engaged in sports. In other cases (see Lumpkin, Beller and Stoll, 1999) philosophers have simply assumed a deontological framework and applied to it to good effect without necessarily interrogating the theoretical basis upon which their sports ethics is based. Of course, philosophically troubling questions such as “what is meant by respect?”; “does respect always trump other moral values?”; “does respect entail not harming others even when they consent to it?” and so on still trouble deontological ethicists. Fraleigh (1984), for example, argues that boxing is immoral since it involves the intentional harming of another – even though they consent to that harm. While deontology (whether as rights or duties) remains a commonsense ethic for many people, there are others who think it simply starts from the wrong place.

In apparent contrast, consequentialism is a telelological (from the Greek word “telos”: roughly nature/purpose) theory. It is a family of theories of the good, which justify actions according to their yielding the most favourable and least unfavourable consequences. The dominant strand of thinking here is “utilitarian” which comes in a variety of shapes and sizes but is based upon the maximising of “utility” or good. In distinguishing good from bad we merely need to add up the potential consequences of different courses of action and act upon that which maximises good outcomes. There are very few sustained efforts at utilitarian thinking in sports but see Claudio Tamburrini’s (2000) defence of Maradona’s infamous “Hand of God” incident in his book of that name. He also attempts to argue for controversial conclusions to the doping issue (he is in favour of getting rid of bans) and gender equity (he is often in favour of non-sex segregated sports) from a utilitarian perspective.

Consequentialism and deontology, while taking opposing foundations for the justification of moral action (in sports as in life) share certain important conceptual features. In the first instance they are universal in scope: moral rules apply in all places and times – it is just that they have different moral principles (respect and utility). Equally important is the idea (often ignored in naïve discussion of utilitarianism as an ideology) that they enshrine impartiality. In both theoretical traditions, no one person or group must be favoured over another. Everyone is equally deserving of respect (imagine a world in which football fans took this seriously!) just as everyone should be counted in the decisions as to which course of action to choose (not just whether to commit a strategic foul in terms of good consequences for my team, but the opposition and the good of the game!) Finally, they share the idea that the moral rules have force: once you understand them you must act in a manner that brings the conclusion to life in your actions, for to fail to do so would be irrational, not just immoral. But it is difficult to imagine any theory of ethics (or religion for that matter) which did not make such a claim.

In the recent past, there has been a revival of virtue theory in mainstream and applied ethics. This has usually taken the form of a resuscitation of Aristotle’s work. Here ethics is based upon good character, and the good life will be lived by those who are in possession of a range of virtues such as courage, co-operativeness, sympathy, honesty, justice, reliability, and so on and the absence of vices such as cowardice, egoism, dishonesty, and so on. Sports’ traditional function as role modeller for youth is premised upon virtue theory. Russell Gough’s (1997) admirable book is a user-friendly application of virtue ethics in sports. This language has an immediate application in the contexts of sports in theory but in practice, spitefulness, violence, greed, and the like often characterise elite sports. Moreover, we often question the integrity of certain coaches or officials just as we chastise players who deceive the officials.

This sketch of underlying ethical theory and its application to sports is not merely suggestive, it is also a rather traditional one. Scholars have more recently been questioning an exciting array of issues: the use of genetic engineering in sports; the place of adventurous activities in a risk avoiding culture; the role of sports in sustaining and subverting communities, identities and sexualities; environmentalist ethics for sports in a global world; ethical audits of sports organisations and cultures; and much more.

Key Texts in the Ethics of Sports

The literature concerning sport is extensive. Historically important and contemporary books in the field of ethics and sport notably include the following:

Introductory/Intermediate

  • Gough, R. (1997) Character is everything: promoting ethical excellence in sports , Orlando: Harcourt Brace.
  • Hemphill, D. & Symons, C. (Eds.) (2002) Gender, Sexuality and Sport , Melbourne: University of Victoria Press.
  • Lumpkin, A., Stoll, S.K., & Beller, J.M. (1999) Sport Ethics: Applications for Fair Play (second edition), Boston: McGraw Hill.
  • McIntosh, P.C. (1978) Fair Play: Ethics in Sport and Education , London: Heinemann.

Intermediate/Advanced

  • Boxill, J. (ed) (2002) Ethics and Sport , Oxford: Blackwell.
  • Fraleigh, W.P. (1984) Right Actions in Sport: Ethics for Contestants , Illinois, Human Kinetics.
  • Galasso, P.J. (Ed.) (1988) Philosophy of Sport and Physical Activity Issues and Concepts , Toronto: Canadian Scholars Press.
  • Gerber, E. W. & Morgan, W.J. (Eds.) (1979) Sport and the Body: A Philosophical Symposium (second edition), Philadelphia: Lea and Febiger.
  • Gibson, J.H. (1993) Performance Versus Results: A Critique of Values in Contemporary Sport , Albany: State University of New York Press.
  • Grupe, O. & Dietmar, M. (1988) Lexikon der ethik im sport , Schorndorf: Verlag Karl Hofman.
  • Hoberman, J. (1992) Mortal Engines: The Science of Performance and the Dehumanization of Sport , New York: The Free Press.
  • Loland, S. (2002) Fair Play in Sport: A Moral Norm System , London: Routledge.
  • Morgan, W.J. (Ed.) (1979) Sport and the Humanities: A Collection of Original Essays , Knoxville: University of Tennessee Press.
  • Morgan, W.J. (1994) Leftist Theories of Sport: A Critique and Reconstruction , Urbana: University of Illinois Press.
  • Morgan, W.J. (2000) Ethics in Sport , Illinois: Human Kinetics.
  • Morgan, W.J. & Meier, K.V. (Eds.) (1988) Philosophic Inquiry in Sport , Illinois: Human Kinetics.
  • Osterhoudt, R.G. (1991) The Philosophy of Sport: An Overview , Champaign, Illinois: Stipes.
  • Simon, R.L. (1991) Fair Play: Sports, Values, and Society , Colorado: Westview Press.
  • Tamburrini, C. (2000) The “Hand of God” , Gothenburg: University of Gothenburg Press.
  • Tomlinson, A. & Fleming, S. (Eds.) (1995) Ethics, Sport and Leisure: Crises and Critiques , Chelsea School Research Centre: University of Brighton.

Book Series

A series on philosophical and social scientific ethics of sport is edited by McNamee, M. J. and Parry, S. J. under the title Ethics and Sport and is published by Routledge. Publications thus far include:

  • McNamee, M. J. & Parry, S. J. (Eds.) (1998) Ethics and Sport , London, Routledge.
  • Tännsjö, T. & Tamburrini, C. (Eds.) (2000) Values in Sport: Elitism, Nationalism, Gender Equality and the Scientific Manufacture of Winners , London: Routledge.
  • Brackenridge, C. H. (2001) Spoilsports: Understanding and Preventing Sexual Exploitation in Sport , London: Routledge.
  • McFee, G. (2004) Sports, Rules and Values: Philosophical Investigations into the Nature of Sport , London: Routledge.
  • Howe, P. D. (2004) Sport, Professionalism and Pain: Ethnographies of Injury and Risk , London: Routledge.
  • Miah, A. (2004) Genetically Modified Athletes: Biomedical Ethics, Gene Doping and Sport , London: Routledge.
  • David, P. (2005) Human Rights in Youth Sport: A Critical Review of Children’s Rights in Competitive Sports , London: Routledge.
  • Tamburrini, C. & Tännsjö, T. (Eds.) (2006) Genetic Technology and Sport: Ethical Questions , London: Routledge.
  • Loland, S., Skirstad, B. & Waddington, I. (Eds.) (2006) Pain and Injury in Sport: Social and Ethical Analysis , London: Routledge.
  • Walsh, A. & Giulianotti, R. (2007) Ethics, Money and Sport: This Sporting Mammon , London: Routledge.
  • McNamee, M. J., Olivier, S. & Wainwright, P. (2007) Research Ethics in Exercise, Health and Sports Sciences , London, Routledge.
  • Jespersen, E. & McNamee, M. J. (Eds.) (2009) Ethics, Dis/Ability and Sports , London: Routledge.
  • Tamburrini, C. & Tännsjö, T. (Eds.) (2009) The Ethics of Sports Medicine , London: Routledge.
  • Møller, V. (2010) The Ethics of Doping and Anti-Doping: Redeeming the Soul of Sport? , London: Routledge.

Guide to Journals and Periodicals

Sports ethicists have tended to publish their research in a wide variety of outlets from scientific to professional journals, including national and international multi-disciplinary journals on sports. Equally, it is very common for sports ethicists to publish in national and international social scientific sports journals. The Journal of the Philosophy of Sport , however, published annually since 1974, and twice annually since 2001, is explicitly and exclusively devoted to the subject. The Journal considers the full range of philosophic issues pertinent to sport, including ethics, irrespective of the school of thought it emerges from within; it is tightly refereed and internationally indexed. It remains the principal organ for accomplished scholarship concerning the philosophy of sport in the world. The Journal of the Philosophy of Sport is published by Routledge and is currently edited by J. S. Russell (Langara College, Canada) and Cesar R. Torres (Assistant Editor: SUNY Brockport, USA).

Since 2007, the official journal of the British Philosophy of Sport Association – Sport, Ethics and Philosophy – has published articles from a wide variety of philosophical traditions. The journal, edited by M. J. McNamee (Swansea University, Wales) and published by Routledge, is particularly open to essays of applied philosophy that engage with issues or practice, policy and scholarship concerning the nature and values of sports.

Other secondary outlets for ethics and sport include:

  • European Physical Education Review
  • International Journal of Applied Philosophy
  • International Review for the Sociology of Sport
  • Journal of Sport and Social Issues
  • Sport, Education and Society

For more generally on the philosophy of sport, including a bibliography of important philosophical works within the field, see the Guide to the Philosophy of Sport .

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The Oxford Handbook of Sport and Society

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The Oxford Handbook of Sport and Society

8 Sport, Law, and Ethics

Adam Epstein is department chair and professor of finance and law at Central Michigan University. He has written four textbooks, including Sports Law (2002), and has published over 60 law articles. He has received numerous teaching and research awards and has been inducted into the Sport and Recreation Law Association (SRLA) as a research fellow. Epstein has also received SRLA’s Betty van der Smissen Leadership Award. His work (with Paul Anderson) was quoted by the Seventh Circuit Court of Appeals. He serves on several editorial boards, including the Journal of Legal Aspects of Sport .

  • Published: 21 September 2022
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This chapter demonstrates how sport, law, and ethics provide examples of the constant struggle between right and wrong. Throughout history, sport has revealed examples of fraud and the consequences for misconduct, including the price one might pay for blowing the whistle on such wrongdoing. Examples of misdeeds are offered primarily from the American perspective, especially in the context of intercollegiate sport, but international examples, particularly through the Olympic Movement, offer the chance to explore how ethics and law create boundaries, establish norms, and provide a means of dispute resolution. Though the degree to which the civil or criminal law engages sport depends upon the circumstances, specific ways to address dealing with ethics in sport include offering participants a legally binding and enforceable contract to play by the rules. If that does not ensure compliance, governmental regulation might be the last and necessary means to maintain civility and order in sport.

The purpose of this chapter is to explore how law and ethics intersect in the context of sport. This includes a discussion involving youth, interscholastic, intercollegiate, Olympic-related, and professional sport. Deference is given to U.S. jurisprudence, and the chapter includes topics and examples involving whistleblowing, fraud, misconduct, and concerns related to various forms of abuse by coaches and persons in positions of authority.

Much of the chapter focuses on U.S. college sports, student-athletes, and others in the intercollegiate environment. SafeSport is introduced, a recent U.S. governmental legislative attempt to regulate ethical behavior in the context of sport at the federal level. At the international level, through the hierarchical organization of the International Olympic Committee (IOC) and its international federations, also known generally as the “Olympic Movement,” the Olympic Charter’s Rule 40 demonstrates the conundrum over the intersection between social media access, private rules, and the balancing of freedom of speech with intellectual property rights. The chapter concludes with examples from student-athletes and others who have attempted to mobilize their efforts to effectuate change.

Before delving into specific sport examples, one might utilize a fundamental definition of ethics as “[t]he discipline dealing with what is good and bad with a moral duty and obligation” ( Epstein & Niland, 2011 , p. 22). Unfortunately, although many sport organizations, coaches, administrators, and athletes claim they subscribe to the principles of ethics and good sportsmanship, the lines are often blurred between playing by the rules and winning at all costs. For example, in 2010, Jim Calhoun, then the head basketball coach at the University of Connecticut, stated, “We may have broken rules … but we did not cheat” (quoted in Epstein & Niland, 2011 , p. 22). Can one break rules in sport and yet not cheat? Is cheating in sport a crime? Unfortunately, for those who subscribe to the principle that cheaters never win, sport might not be the best arena to use examples of that mantra. This is especially true after it was revealed that the Houston Astros won the 2017 Major League Baseball (MLB) World Series having stolen opposing teams’ coaching signs ( Bogage, 2020 ).

Additionally, the world has changed dramatically in the past few decades. Given the advent of the internet and the rise of smartphones and social media, ethical issues can be discussed and debated around the world in real time by individuals who have never met. Such tools and technology, while amazing and engaging, have also created challenges and ethical dilemmas for sport organizations. Unlike in previous generations, sport participants, regulators, and administrators can instantaneously express and share their opinions with the world in a powerful way as never before with just the click of a button. Such immediate, worldwide access has led to further ethical and legal debates. In some instances, changes in sport might address inequity. Elsewhere, violations of rules, policies, or the spirit of sport might be so outrageous that the law is called upon to react to such misdeeds and transgressions.

In the study of sport law and its relationship to ethics, there are far too many issues to address in just one chapter. Some issues seem to occur decade after decade, despite attempts to regulate behavior statutorily, contractually, or by enforcing a code of ethics with consequences ( Epstein & Osborne, 2018 ; Epstein & Niland, 2011 ). The key issues addressed in this chapter include whistleblowing and fraud in its various forms.

Whistleblowing

The definition of “whistleblowing” can vary, but it may be defined as “calling attention to wrongdoing that is occurring within an organization.” In the United States, the first law adopted specifically to protect whistleblowers was the 1863 False Claims Act, which tried to combat fraud by suppliers of the U.S. government during the Civil War ( Epstein, 2018c ).

The False Claims Act exists today with slight modification, and it encourages whistleblowers to reveal violations and wrongdoing against the government by promising a percentage of the money recovered, usually between 10% to 30%. The concept of whistleblowing is most often discussed in the corporate world; examples include the downfall of Enron Corporation and its falsified financial statements and the modern-day Ponzi scheme artist Bernard Madoff’s duping investors (Epstein, 2018a , 2018c ; Epstein & Niland, 2011 ).

Whistleblowing and International Sport

In sport, blowing the whistle may include testifying in a legal proceeding or in front of Congress or sharing wrongdoing with the media or other authorities, such as the IOC, an international federation, or a national governing body (NGB) ( Epstein, 2018c ). The consequences can be devastating to the organization and the whistleblower. Corporations may lose customers or may be fined by the government, and those who blow the whistle suffer greatly personally and professionally, including being retaliated against. The motivation for wrongdoing is to win a championship, to earn a medal, or just to maintain profit over other concerns, such as the environmental or societal impact.

Blowing the whistle on wrongdoing in sport comes in various forms, such as reporting intentional violations of Title IX of the Education Amendments (1972) , the U.S. federal law that mandates gender equity in colleges and universities and other federally funded recipients. Investigative reporting has led to the discovery of fraudulent participation by athletes themselves. Insiders have revealed the use of performance-enhancing drugs (PEDs) by competitors, some of whom were former teammates.

For example, Russian Vitaly Stepanov, along with his wife, Yulia Stepanova, revealed the state-sponsored Russian Olympic program in which athletes used (knowingly or unknowingly) PEDs to help them earn medals. The two claimed that 80% of coaches in Russian track used doping to prepare athletes for London’s Olympics in 2012. They also alleged that doping was widespread among Russian participants and medalists at the 2014 Sochi Games in Russia itself ( Epstein, 2017 ; Epstein & Osborne, 2018 ).

Their claims were backed by Grigory Rodchenkov, the director of Russia’s antidoping laboratory at the time. In fact, Rodchenkov revealed how Russia’s state-run program was able to swap out athletes’ urine samples with clean ones to assure that the competitors would not test positive for PEDs. Rodchenkov resides in the United States in a witness protection program for his own safety. An independent report by Canadian Richard McLaren in 2016 revealed that drug testing cheating by Russia was a common, “carefully orchestrated conspiracy” ( Epstein, 2017 ; Epstein & Osborne, 2018 ).

In response to these allegations, the International Association of Athletics Federations prohibited Russian track-and-field athletes at the 2016 Rio Olympics from competing under the Russian flag. Then, on November 29, 2016, the World Anti-Doping Agency enacted a formal whistleblowing policy, effective in 2017, to formalize the process for protecting and offering assurance of confidentiality to whistleblowers. Despite the outrage over Russia’s state-sponsored system, doping in the Olympics is nothing new, nor is it uniquely Russian ( Epstein, 2017 ; Epstein, & Osborne, 2018 ).

Whistleblowing and College Sport

In U.S. college sport, blowing the whistle on wrongdoing has often centered on claims of academic misconduct. Unfortunately, those who have reported violations have paid a heavy professional, emotional, and reputational price for speaking out. In recent decades, this has led to lawsuits, legal settlements, and job reassignments and terminations within the context of the rules of the National Collegiate Athletic Association (NCAA), the private, nongovernmental, voluntary, member-driven, and nonprofit college sport organization ( Epstein, 2013 ).

One of the first individuals to be characterized as a whistleblower was Jan Kemp, an assistant professor of English, who in the early 1980s exposed preferential treatment of student-athletes at the University of Georgia. She alleged that football players who failed a remedial English class still played in the Sugar Bowl against the University of Pittsburgh in 1982, a violation of the rules. As a result, Kemp was demoted and then fired in 1983, though she was later reinstated. She sued the university, claiming unlawful termination based upon a violation of her freedom of speech. The university claimed that Kemp was dismissed for being a poor professor overall and “did not participate in research, was insubordinate and had difficulty in getting along with her peers and others” ( Epstein, 2018c , pp. 72–73).

After a trial, a jury awarded Kemp $2.57 million, though that was later reduced. University of Georgia President Fred C. Davison announced his resignation a month after the verdict. Kemp retired from teaching in 1990 and was named “a hero of the 80s” by People magazine. In 2004, she was the first honoree of the Hutchins Award given by the Drake Group, an organization devoted to academic integrity and ending corruption in college sport ( Epstein, 2018c ).

In the 1990s, Jan Gangelhoff was involved in a scandal at the University of Minnesota involving its men’s basketball team and rules violations over academic dishonesty. Gangelhoff worked in the academic counseling office. Interestingly, it was Gangelhoff who revealed to the press that she in fact was a participant in the misconduct madness. She claimed that she had voluntarily, personally written over 400 papers for 20 Minnesota basketball players from 1994 to 1998. She resigned from the university, and the academic fraud led to resignations of the head coach, the men’s athletic director, and a university vice president. The NCAA placed Minnesota’s basketball program on four years’ probation and reduced the number of athletic scholarships the university could offer student-athletes ( Epstein, 2018c ).

Mike McQueary, a former quarterback for Pennsylvania State University (PSU) between 1994 and 1997, had his professional life ruined for reporting wrongdoing in 2001 by assistant football coach Jerry Sandusky, who was sexually abusing young boys in the showers. At the time, McQueary served as a full-time assistant coach at PSU, having joined head coach Joe Paterno’s staff as a graduate assistant. He reported the Sandusky incidents to Paterno and other high-level administrators and, as a result, was suspended with pay and placed on administrative leave. Sandusky was found guilty of abusing at least ten boys in 2012, but the university terminated McQueary from his job, which he later claimed was retaliation for assisting prosecutors in the case ( Epstein, 2018c ).

McQueary fought back, filing a $4 million whistleblower lawsuit against PSU for lost wages and claiming “irreparable harm to his ability to earn a living” ( Epstein, 2018c , p. 76). McQueary won the case and was awarded $7.3 million, which included compensatory and punitive damages for defamation, on October 27, 2016. In fact, another $5 million was later ordered by a judge for the retaliation against McQueary, pushing his award to $12 million ( Boren, 2017 ; Tribune News Services, 2016 ).

Given how common cases of whistleblowing have become in intercollegiate athletics, it would be wise to have a written whistleblower policy in place within any organization. In this way, the organization might be able to first address issues internally rather than publicly. Still, in sport, as in business, the choice to report wrongdoing is ultimately an individual decision. No law can protect against retaliation in the short run. As is suggested by these limited examples, blowing the whistle can come with a heavy price, though for many that price is worth the personal cost.

Fraud, also known as misrepresentation, involves the intent to deceive another. Fraud is not negligence; rather it is an intentional act. Allegations of fraud may result in criminal prosecution and civil lawsuits to remedy or punish the wrong. But what happens when “everybody is doing it”? Is that fraud? Who is being defrauded then? When it involves those at the highest level of sport, government, or society, fraud is often referred to as corruption, a subject considered elsewhere in this volume.

Indeed, “fraud” is a very general term in any context. The extent to which one person intentionally deceives another is noteworthy and, at times, criminal. Consider, for example, the number of times the international soccer federation FIFA has been involved in accusations of impropriety, and it seems every Olympic year there is some controversy, whether related to doping by competitors or a judging controversy in boxing, figure skating, or gymnastics. Other examples include participation fraud, such as age falsification and impersonation, academic fraud in college sport (and in college admissions), résumé fraud, technology fraud (such as the use of a hidden motor in a bicycle), honest services fraud, in which the FBI investigated payments to college coaches and others as part of the student-athlete recruiting process, and many more infractions ( Epstein, 2018a ; Epstein & Osborne, 2018 ; Jaschik, 2019 ; Schlabach, 2019 ).

Academic Fraud and College Sport

NCAA member schools have committed egregious violations of NCAA rules, including outrageous examples of academic fraud. Prominent institutions such as the University of North Carolina at Chapel Hill (UNC) found itself mired in such as scandal in which, for 18 years, employees at UNC knowingly steered thousands of students, including 1,500 student-athletes, toward “paper courses.” These classes were often independent studies courses that never met, though they did require a research paper ( Epstein & Osborne, 2018 ).

An internal investigation into UNC’s Department of African and Afro-American Studies showed that while most of the students enrolled in these courses were not student-athletes, UNC men’s basketball players accounted for more than 12% of all student-athletes taking the courses. Many of the suspect classes were taught in the summer by former department chairman Julius Nyang’oro, who subsequently resigned ( Epstein & Osborne, 2018 ). Mary Willingham, a UNC learning specialist who raised concerns over potential academic improprieties at the university and spoke publicly about it, subsequently filed a whistleblower-related lawsuit over the scandal. She claimed she was retaliated against for her outspoken criticism, left her employment with the university, and ultimately agreed to a financial settlement in 2015 ( Epstein, 2018c ; Epstein & Osborne, 2018 ).

Interestingly, the NCAA accused UNC of lacking institutional control over athletics, but the university’s response was that the NCAA reached beyond the scope of its authority in the first place. UNC declared that this academic concern was not an NCAA matter but rather an internal, institutional-specific academic issue. Shocking to many, the NCAA agreed with UNC’s position and took no punitive action. However, UNC instituted various changes in response to the scandal. An independent report authored by Kenneth Wainstein, who conducted an eight-month investigation, led to four employees being fired, five others disciplined, and one former employee having an honorary status removed ( Ganim & Sayers, 2014 ). UNC also enacted over 70 new policies and procedures to prevent academic impropriety in the future ( Epstein & Osborne, 2018 ).

Fraud and Lance Armstrong

Claims made by American cyclist Lance Armstrong that he did not use PEDs resulted in one of the most intriguing cases of fraudulent participation in professional sport history. Armstrong won the Tour de France seven years in a row, from 1999 to 2005. Though many suspected he found a way to beat the system and use PEDs, the testers could not demonstrate a positive drug test (Epstein, 2013 , 2018a ; Epstein & Osborne, 2018 ).

Then, in October 2012, the U.S. Anti-Doping Agency released its report detailing the extent of doping allegations made against Armstrong. This included sworn testimony from 26 people (15 of those being competitors), financial statements, emails, scientific data, and laboratory results—all provided evidence that Armstrong’s team, the U.S. Postal Service Pro Cycling Team, operated the most sophisticated doping program in the history of cycling ( Epstein, 2018a ; Epstein & Osborne, 2018 ).

As a result, the U.S. Anti-Doping Agency banned Armstrong from competitive cycling for life and stripped him of the titles he had earned since August 1, 1998. Armstrong lost his sponsorships and friends. In fact, in 2010, Floyd Landis, Armstrong’s former teammate, filed a complaint against him as a government whistleblower. The Department of Justice joined the case, claiming Armstrong had violated his contract with the U.S. Postal Service. The government’s case continued under the False Claims Act. In the end, the case never went to trial and was settled out of court ( Epstein, 2018a ; Epstein & Osborne, 2018 ).

Initially Armstrong insisted he was innocent; later, he claimed that the top riders were using PEDs and therefore he needed to as well to compete on a level playing field. Today, contrite, he has admitted his misdeeds and speaks out against the use of PEDs. He is still one of the most well-known athletes in the world, even though his Tour de France wins have been vacated ( Epstein, 2018a ; Epstein & Osborne, 2018 ).

Addressing violations of the rules of sport, law, league polices, or organizational codes of ethics can be regulated by using practical approaches in various ways. For example, a breach of a sponsorship contract for misconduct or disloyalty to the sponsor might not be a violation of the law but could be a justifiable reason to end the contractual relationship. Field-of-play misconduct such as illegal hits or other fouls is usually handled through internal controls such as penalties, fines, and suspensions rather than through a legal proceeding involving the police, a judge, and a jury. Self-regulation of unethical misconduct is most frequently served by private justice, so to speak, by utilizing these internal league controls rather than resorting to the state or federal governmental prosecution ( Epstein, 2013 ).

When it comes to violence in sport, the legal doctrine of implied consent holds that sport participants voluntarily assume certain risks of injury or violence—within reason—during a sports contest even though such contact might be criminal misconduct outside the arena. The implied consent doctrine is one of the strongest defenses to a civil claim or criminal charge during a sports contest. Ultimately, the vital question for sport is where to draw the line between legitimate and illegitimate violence ( Epstein, 2013 ).

Particularly in professional U.S. football and baseball, it is the spectators themselves who are often charged with the crime of hooliganism or disturbing the peace. There are a few examples of criminal charges against players in the sport of ice hockey, but U.S. prosecutors rarely charge athletes for acts committed during a game. In sport law, it is rare for participants to seek the help of the criminal justice system for assistance unless the misconduct is so extreme or outrageous that it falls outside public norms of acceptable behavior in the context of sport itself ( Epstein, 2013 ). The following examples provide various approaches to regulate misconduct in sport.

Contract Clauses

A simple yet effective way to manage conduct in sport is to include special contract clauses that define the relationship between employer and employee (or endorser/endorsee). Contracts define the boundaries, rights, duties, and responsibilities of the parties ( Epstein & Lowenstein, 2014 ). The working relationship can be affected by the contract having specific ethics-based clauses, such as a general termination clause, a morals clause, and a loyalty clause (Epstein, 2011a , 2018a ).

In fact, the termination clause in a contract might be the most important clause in any agreement. It allows one party to end the relationship “for cause” or “without cause,” depending upon the circumstances. “For cause” means that one party violated the terms of the contract. For example, former Indiana University head basketball coach Kelvin Sampson, who continues to have a successful coaching career, had a clause in his contract allowing the university to terminate him for:

“a significant, intentional, repetitive violation of any law, rule (or) regulation” of the NCAA;

“failure to maintain an environment in which the coaching staff complies with NCAA … regulations”;

if in Indiana University’s “sole judgment” Sampson’s conduct “reflect[ed] adversely upon the university and its athletic program.” ( Epstein, 2011a , pp. 19–20)

Sampson’s employment with Indiana University ultimately ended prior to the term of his contract, and this contract language was in play. Still, his contract is not unique, as most coaches today have similar clauses in their agreements. Often, such clauses are intentionally vague or subjective. On other occasions, the contract drafter might decide to be much more specific by listing precise examples for reasons to terminate the relationship (Epstein, 2011a , 2018a ).

A more specific example of a termination clause includes a morals clause, also known as “moral turpitude,” “morality” clauses, “public image clauses,” or “good-conduct clauses.” These clauses allow a party to terminate, suspend, or otherwise punish a coach, athlete, or employee for engaging in criminal or reprehensible behavior or conduct that may negatively impact his or her public image and, by association, the public image of the team, league, or company. The rise in ubiquitous social media has made each clause vitally important as tweets, posting, pictures, and so on might give rise to reasons for ending the contractual relationship between the athlete and the team or sponsor. Prominent professional athletes have had their contracts terminated for a variety of moral misdeeds, including use of alcohol or drugs and for committing domestic violence ( Epstein, 2011a ; Epstein & Osborne, 2018 ).

A loyalty clause provides the right to terminate a relationship in the event the person fails to wear or use a brand or product when contractually required to do so. A loyalty clause might also be relevant if a player speaks out against a coach, team, referee, league, or organization, thereby demonstrating a lack of loyalty (Epstein, 2011a , 2018a ).

These contract clauses remain as important as ever. Recent items that contract drafters employ in athletic agreements today include termination clauses related to sexual abuse and domestic violence ( Myerberg, 2018 ). Even when head coaches, for example, were not the perpetrators, a formal duty is often imposed on them to promptly report to certain authorities—including the police—their knowledge of such misconduct by the coaches, players, and others under their supervision. In the context of federal legislation, this might require the college coach to promptly report to the university’s Title IX coordinator any known violations of the college’s sexual misconduct policy among the coaching staff and student-athletes; this makes the coach a mandatory reporter having heightened responsibility due to their position of authority ( Epstein, 2018d ).

Former Ohio State University football coach Urban Meyer’s 2018 contract extension required him to “promptly report” any known violations of the school’s sexual misconduct policy and to notify the university’s Title IX coordinator for athletics about “any known violations” of its sexual misconduct policy—including sexual assault and harassment and “intimate violence”—involving students or staff. His contract stated:

For purposes of this section 4.1 (e), a “known violation” shall mean a violation or an allegation of a violation of Title IX that Coach is aware of or has reasonable cause to believe is taking place or may have taken place. ( Epstein, 2018d , p. 5)

Though these contract clauses are an effective means to privately regulate misconduct, just because the clauses exist does not mean that a party to the contract must terminate the relationship if the clause is violated. However, having the clauses in place provides a legitimate, justifiable contractual means to end the agreement if deemed necessary, for cause. Even for the nonprofessional athlete, such as high school or college athletes involved in interscholastic or intercollegiate sport, violations of league or association policies could warrant suspension or dismissal from sport. This has been particularly troublesome in the era of social media, which has seen nonprofessional athletes suspended for inappropriate tweets and Facebook postings (Epstein, 2018a , 2018d ).

Alternative Dispute Resolution

Particularly within the Olympic Movement, litigation is often superseded by alternative dispute resolution (ADR). In professional sports, binding arbitration is often the choice, especially in an environment in which management (owners) and labor (players) are subject to rules governed by a collective bargaining agreement. The most important difference between ADR and litigation is that final decisions are not made by judges or courts. Instead, they are resolved by private arbitrators (or with the help of mediators). Additionally, ADR usually resolves disputes more effectively and efficiently than litigation and is usually less costly. However, arbitration is binding and rarely appealable unless there is evident partiality, fraud, or misconduct on the part of the arbitrator (Epstein, 2012 , 2013 ).

All the major U.S. professional sports use arbitration as a method to resolve grievances. The Olympic Movement uses the Court of Arbitration for Sport to resolve disputes related to the Olympic Games, which might involve rule interpretations, eligibility, and discipline disputes. In 1998, the Ted Stevens Olympic and Amateur Sports Act reemphasized the use of arbitration as the only means to resolve Olympic and amateur sports disputes in the U.S. Olympic and Paralympic Movements. The Act grants the U.S. Olympic Committee (USOC) (now known as the U.S. Olympic & Paralympic Committee since June 2019) the authority “to provide swift resolution of conflicts and disputes involving amateur athlete[s]” (Epstein, 2012 , 2013 ; U.S. Olympic & Paralympic Committee, 2019 , para. 1).

Criminal Prosecution and Civil Lawsuits

Certainly, if sport misconduct rises to the level of criminal misconduct, the federal or state government can prosecute the perpetrator in the American legal system. In such a case, the prosecution would have to prove their case using the “beyond a reasonable doubt” standard, a high bar to attain. Similarly, on the civil side, a plaintiff—regardless of the outcome of the criminal case—could bring a civil action seeking monetary damages and the like from the defendant under the lesser standard of proving their case by a “preponderance of the evidence.” In either case the judge (or jury) would be the determinant of who wins the dispute ( Epstein, 2013 ).

As mentioned earlier, in 2012 former PSU assistant football coach Jerry Sandusky was found guilty of 45 charges of sexual abuse involving child molestation. The university was fined $2.4 million by the Department of Education for mishandling the case and ignoring its duties under the Clery Act (1990) . Mike McQueary, the whistleblower who reported wrongdoing, paid a heavy price personally and professionally, though after a decade of suffering, he prevailed financially after a lawsuit. Then two high-profile administrators, former PSU athletics director Tim Curley and university vice president Gary Schultz, pled guilty to misdemeanor child endangerment. Both were sentenced to serve between 6 and 23 months in prison, pay a $5,000 fine, and perform 200 hours of community service ( Couloumbis, 2017 ; CNN, 2019 ). Former PSU president Graham Spanier was charged with conspiracy and felony child endangerment, but his conviction was overturned by a judge in 2019 ( Associated Press, 2019 ). Then, in 2020, a court reinstated his conviction and he had to serve two months in a correctional facility followed by two months of house arrest. ( Scolforo, 2020 ).

At Michigan State University (MSU), Larry Nassar, at one time the USA Gymnastics (USAG) national team doctor and an osteopathic physician at MSU, who sexually assaulted hundreds of young women at MSU over more than 20 years, was sentenced in 2018 to 40 to 125 years in prison after pleading guilty to numerous counts of criminal sexual conduct ( Levenson, 2018 ). MSU’s president, athletic director, a dean, and many others lost their jobs, became entangled in a legal web, or fell into a jurisprudential abyss by not doing anything to prevent Nassar’s continuous misconduct ( Gibbons, 2018 ; Meilhan & Close, 2018 ).

Many young women suffered both physically and emotionally due to the inaction and lies, some later suffering from posttraumatic stress disorder. Like PSU, MSU was found to have violated the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). Unlike at PSU, however, Nassar’s misconduct was not just campus related; his position as the team physician for USAG affected hundreds of young Olympic-caliber gymnasts. Afterward, hundreds of students from several colleges, including Ohio State University among others, stepped forward as well to reveal sexual abuse, some of which was discovered many years after the fact ( Edmondson, 2018 ; Roscher, 2019 ; Smola, 2019 ).

The Nassar scandal led to complete chaos and criticism regarding the lack of oversight ( Armour & Axon, 2018b ; Perez, 2018 ). Along with Nassar, USAG former CEO and president Steve Penny was arrested for tampering with evidence related to the investigation into wrongdoing at the Karolyi Ranch in Walker County, Texas ( Armour & Axon, 2018a ). Civil lawsuits ensued, and many other NGBs were accused of sexual abuse and misconduct. For example, former U.S. gymnast Sabrina Vega filed suit against Nassar, USAG, the USOC, and the Karolyis, alleging she was sexually abused hundreds of times at the Karolyi Ranch and at competition sites around the world ( Associated Press, 2018b ). In turn, the Karolyis sued USOC and USAG, saying they should not be held responsible for lawsuits stemming from crimes committed at their training facility, which was immediately shut down after the Nassar scandal broke ( Barron, 2018 ).

As for other NGBs, USA Taekwondo, and the USOC in fact, were accused of sex trafficking by four female athletes who claimed both organizations “sent them to competitions across the world with athletes and coaches thought to be sexual predators” ( Young, 2018 ). Additionally, Ariana Kukors Smith sued USA Swimming, alleging it knew her former coach sexually abused her as a minor and covered it up. She also sued a former U.S. national team coach, saying he failed to report “a reasonable suspicion of child abuse or endangerment” ( Associated Press, 2018a , para. 12). Other allegations of sexual abuse included accusations against USA Diving, USA Racquetball, USA Badminton, and USA Volleyball ( Alesia, 2018 ; Reid, 2018 ; Schrotenboer, 2018 ).

From the Sandusky and Nassar cases to the cases against various NGBs and accusations on college campuses, acts of sexual impropriety have often dominated discussion and action in recent years. Complaints from student-athletes, U.S. Olympic athletes, and others of sexual abuse and other misconduct have demanded more at all levels of oversight ( Hauser & Zraick, 2018 ).

Legislation: SafeSport

As a direct result of sexual abuse in U.S. Olympic sports, SafeSport was established with the intent to take sexual abuse allegations out of the hands of the 50 or so NGBs that appeared unable to manage or address the issues. For example, the post-Nassar organizational hires at USAG were controversial and ineffective for real change, resulting in frequent turnover ( Armour & Axon, 2018a , b; Yan, 2018 ). The USOC and USAG appeared to be out of control, resulting in resignations and congressional hearings ( Connor, 2018 ; Perez, 2018 ).

The SafeSport Act, more formally known as the federal Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, was signed into law on February 14, 2018, by President Donald Trump, becoming effective immediately. The Act’s stated purpose is “to prevent the sexual abuse of minors and amateur athletes by requiring the prompt reporting of sexual abuse to law enforcement authorities, and for other purposes” ( Safe Sport Authorization Act, 2017 , Preamble). The Act amended two federal statutes contemporaneously, the Victims of Child Abuse Act (1990) and the Amateur Sports Act (1978) , by maintaining the duty to report sexual abuse and requiring certain adults to report within 24 hours (U.S. Center for SafeSport, 2022).

The SafeSport Act provides a limitation of liability provision that protects the sports entity and any officer, employee, agent, or member who reports suspicions of abuse. Failure to comply with the Act allows a claimant to sue in federal district court to recover actual damages or liquidated damages in the amount of $150,000, the costs of the action, reasonable attorney’s fees, and the possibility of punitive damages ( Safe Sport Authorization Act, 2017 ; U.S. Center for SafeSport, 2022 ). NGBs such as U.S. Soccer have begun to require evidence of annual compliance with SafeSport training to serve as a coach under its jurisdiction ( Payne, 2018 ).

Formally acknowledging the misdeeds and charging those who commit violations has sent a strong message to others that such conduct is simply unacceptable. Establishing SafeSport, while not the panacea for the prevention of sexual abuse by coaches and others, is a legislative step sending the message that victims have recourse and are not without a voice anymore. Despite such laws, however, abuse in sport will likely continue.

Olympic Regulation: Ambush Marketing and Rule 40

The IOC is very protective of its brand, and rightfully so, particularly since official Olympic sponsors pay hundreds of millions of U.S. dollars to associate themselves with the Olympic Games. As a result of ambush marketing, in which international companies such as Nike have effectively associated themselves with the Games without paying the requisite official sponsor fees, the IOC established two somewhat effective countermeasures to protect its stakeholders. One requires the host city to make efforts to prevent ambush marketing and force violators to cease such conduct. Nike, for example, is infamous for its cunning ploy to rent billboards throughout the city of Atlanta during the 1996 Olympic Games, giving the impression that Nike was an official Olympic sponsor when it was not. The other measure established a marketing policy known as Rule 40, which essentially bans anyone who participates in the Games (competitors, coaches, trainers, or officials) from using their person, name, picture, or sports performances during the Games for advertising purposes ( Epstein, 2017 ).

Indeed, the IOC has made legitimate attempts to protect its intellectual property through requisite anti–ambush marketing laws during the Games themselves, although the degree to which it has sought to prevent individual athletes from sharing their experiences via social media has been controversial. In fact, the 2016 Olympic Games in Rio de Janeiro represented a well-publicized struggle between individual and virtual free speech and freedom of expression via social media in conflict with Rule 40’s requirement that there be no mention of any unofficial sponsor by participants on social media such as Instagram, Facebook, Twitter, and the like nine days before the Games until three days after the Games. The IOC’s attempt to monopolize language and prevent certain congratulatory posts, retweeting of results, GIFs, and hashtags (e.g., #Rio2016) a few weeks every two years seemed a bit over the top and hardly enforceable from a legal perspective, especially for today’s participants, most of whom grew up with the internet and the capability of voicing and streaming their thoughts and opinions instantly on their smartphones ( Epstein, 2017 ).

No doubt given international criticism and pushback over its Rule 40 social media blackout policy, in 2019 the IOC dramatically rewrote Rule 40. Still recognizing the need to protect its intellectual property from ambush marketing, yet balancing this need with reality, the IOC loosened restrictions under Rule 40 and now enables athletes to thank personal sponsors and receive congratulatory messages from their sponsors via social media and otherwise during the Olympic Games, even if the sponsor is not an official Olympic sponsor, in which case still no Olympic imagery or photos may be used ( Anderson, 2019 ).

The advent of smartphones and social media has given a voice to anyone, anywhere, and at any time. In sport, student-athletes, including Olympic and professional athletes, have utilized these tools to express their concerns and to attempt to effectuate change by instantaneously spreading their message (Epstein, 2014 , 2017 ). This final section addresses how NCAA student-athletes and others have attempted to draw attention to their beliefs.

Student-Athlete Activism

NCAA student-athletes (also referred to as “college athletes”) tend to mobilize when they believe their “rights” have been violated or their voices are not being heard by the powers that be. Throughout the years, the most frequent examples relate to race, financial compensation, and gender equity. Most examples include athlete activism involving football players, the driving sport behind the NCAA, its establishment, and its existence in the first place. Student-athlete activism was prominent during the civil rights movement and Vietnam War in the 1960s and 1970s. However, examples of athlete activism occurred much earlier than that.

One of the first examples of student-athlete activism occurred in 1934 at the University of Michigan, when members of its football team did not take kindly to Georgia Tech’s demand that Willis Ward, a Black (back then the term “Negro” was used) member of the Michigan squad, not participate in the football game in Ann Arbor. If not heeded, Georgia Tech, an institution based in the “Old South,” refused to play and would forfeit the game. Though the Civil War had ended in the previous century, schools in the American South remained largely segregated. Opportunities were not there for Blacks to participate, let alone enroll, in public colleges and universities ( Epstein, 2018b ; Epstein & Kisska-Schulze, 2017 ).

As a result, Ward’s teammates, among them future U.S. President Gerald Ford, refused to play in the game and threatened to quit the team if Ward had to sit out. Instead, Ward chose to sit out that day, encouraging his teammates to play without him; they did. Still, the fact that the players initiated a protest against the benching of a teammate solely due to his race represented one of the earliest examples of student-athlete mobilization efforts. Michigan won the game 9–2 on October 20, 1934, the team’s only victory that season ( Epstein, 2018b ; Epstein & Kisska-Schulze, 2017 ).

For decades thereafter, but particularly during the 1960s and 1970s, protests by student-athletes brought about change at various U.S. colleges and universities. For example, on at least three occasions (1927, 1936, and 1968), football players at Howard University, a historically Black institution, refused to play unless they were given better food, training, and living conditions. In fact, the 1968 protest led to the firing of the athletic director as Howard student-athletes demanded “better food, more medical attention, streamlined means of transportation, more equipment, better living conditions and a full-time sports information director” ( Epstein & Kisska-Schulze, 2017 , p. 85).

In October 1969 at the University of Wyoming, 14 of the football team’s African American players wanted to wear armbands in a game scheduled against Brigham Young University (BYU) to protest the racial discrimination at BYU and within the Mormon Church. The players, who referred to themselves as the Black 14, were dismissed from the team the night before the home game. Wyoming won the game 40–7 without the help of those players, who subsequently sued their head coach, Lloyd Eaton, in federal court. Though the Wyoming football players lost their legal claim, it is interesting to note that in 1978 the Mormon Church changed its racially based policy against Blacks, which was the reason the Wyoming players had protested in the first place against BYU ( Epstein & Kisska-Schulze, 2017 ).

Around the same time, San Jose State University, University of California–Berkeley, Michigan State University, and many other schools saw football players displaying acts of solidarity to protest racial disparities in treatment among players and coaches as well. One example, in 1972 at the University of Washington, involved a protest of the Vietnam War itself. The football team refused to take the field for the second half of their homecoming game unless a protest statement was read over the stadium sound system opposing the war, and it worked ( Epstein & Kisska-Schulze, 2017 ).

On November 7, 2015, Anthony Sherrils, a University of Missouri football player, initiated a modern-day student-athlete mobilization related to race relations on his campus and in his region by tweeting:

The athletes of color on the University of Missouri football team truly believe “Injustice Anywhere is a threat to Justice Everywhere” We will no longer participate in any football related activities until president Tim Wolfe resigns or is removed due to his negligence toward marginalized students’ experiences. WE ARE UNITED!!!!!! (quoted in Epstein & Kisska-Schulze, 2017 , p. 71)

Within 24 hours, more than 30 members of the football team had joined the protest by boycotting practices and games during the middle of the season. This protest was carried out on social media, and the president of the university resigned a few days later. The success of the boycott demonstrated the impact that student-athletes can have on college campuses. Ironically, the upcoming game after the mobilization was against BYU, the same school that the Black 14 at the University of Wyoming had protested against, and Missouri won this game on November 14, by the score of 20–16 ( Epstein & Kisska-Schulze, 2017 ).

The Missouri football team’s 2015 activist effort marked one of the most effective and passionate mobilization campaigns in college sports history. Debate continues today about student-athlete rights, much of it centered on economic injustice in which college coaches earn hundreds of thousands to millions of dollars for their services while the NCAA’s position remains steadfast that, as amateurs, student-athletes must not be paid for their services or classified as employees ( Epstein & Kisska-Schulze, 2017 ). Many coaches, such as Clemson University head football coach Dabo Swinney, have been outspoken critics of any attempt to professionalize college sports and its fundamental principle that student-athletes must remain unpaid amateurs, although premier coaching salaries continue to escalate to mythological heights. In 2019 Swinney himself signed a 10-year contract for $93 million ( Blackistone, 2019 ). Nevertheless, in the summer of 2021, after a wave of legislation by individual states which granted more rights for college athletes to earn income, coupled with a separate and unanimous decision by the U.S. Supreme Court which held that the NCAA was in violation of antitrust law by capping education-related benefits, the NCAA altered its policy and now allows student-athletes to earn income for the use of their names, images, and likenesses (NIL) while at the same time holding the line that student-athletes must not be classified as employees by its member colleges and universities ( Murphy, 2021 ).

While great progress has been made in terms of economic rights for student-athletes as evidenced by the NCAA’s approval for the acceptance of income based upon the use of name, image, and likeness, student-athletes have yet to succeed in convincing courts that they should be paid for their services as employees. This includes a vigorous attempt by Northwestern University’s football team to unionize beginning in 2013, which almost gained approval in the courts until the National Labor Relations Board (NLRB) stepped in and decided in 2015 that it was not yet ready to assert jurisdiction over whether student-athletes should be classified as employees. The NLRB vacated a lower court decision that had ruled in the student-athletes’ favor ( Epstein & Anderson, 2016 ; Kisska-Schulze & Epstein, 2014 , 2016 ). Nevertheless, the General Counsel for the NLRB drafted a memorandum on September 29, 2021, offering that in her opinion that not only can certain college athletes be characterized as “employees” under the National Labor Relations Act (NLRA), but that to continue to characterize them as mere “student-athletes” is erroneous. Additionally, she specifically mentioned that players such as those involved in the aforementioned Northwestern University football team indeed have the right to organize, form a union, and be free from retaliation for that effort ( NLRB Office of Public Affairs, 2021 ). Only time will tell how this important yet non-binding opinion plays out in the fast-changing landscape of college sports.

Other Examples of Sport Activism

Activist athletes are not restricted to those in college. Boxer Cassius Clay (who became Muhammad Ali) refused to enlist in the military due to his conscientious objection to the Vietnam War in 1967. At the 1968 Mexico City Summer Olympics, U.S. sprinters John Carlos and Tommie Smith, who won the gold and bronze medals, respectively, in the 200-meter dash, paid dearly for heralding Black Power by raising their fists on the medal podium while the national anthem was being played. Both runners were ejected from the U.S. Olympic team and sent home ( Epstein, 2013 ; Epstein & Kisska-Schulze, 2017 ).

A few years later, led by iconic U.S. runner Steve Prefontaine, a former NCAA champion from the University of Oregon, outspoken protest of the stringent amateurism rules in track and field that disallowed sponsorships and appearance fees drew attention to the athletes’ cause. At that time, the struggle for power in amateur sports between the Amateur Athletic Union and the USOC ultimately led to the enactment of the Amateur Sports Act of 1978 , giving a more powerful voice to Olympic athletes than had ever been available before ( Epstein, 2013 ; Epstein & Kisska-Schulze, 2017 ).

During the mid-1970s, MLB player Curt Flood refused to accept his trade from the St. Louis Cardinals to the Philadelphia Phillies; he filed a lawsuit that went all the way to the U.S. Supreme Court, alleging that professional baseball’s reserve clause constituted a form of modern-day slavery. Flood, who vehemently opposed being characterized as a piece of property that could be traded like a slave, ultimately lost his legal battle. However, his public action drew national attention, resulting in MLB’s changing its rules regarding the reserve clause in 1975, an action that other major professional sports leagues adopted soon thereafter ( Epstein, 2013 ; Epstein & Kisska-Schulze, 2017 ).

Today concerns are expressed across all sports at all levels, including the demands of girls and women for equitable treatment and conditions ( Lewis, 2018 ). Hundreds of female athletes have demonstrated how collective mobilization can lead to change, criminal charges, and convictions and even provoke new legislation, such as SafeSport. Prominent public protests by the U.S. women’s national soccer and hockey teams have made transparent the pay inequity between them and their male counterparts, as well as their inferior training facilities, travel budgets, flights, meals and other accommodations, despite repeated greater success in athletic competition at the international level.

In their struggle for equal pay, the U.S. women’s hockey team in 2017 threatened a boycott of the world championships and got a new deal from USA Hockey. ( Svokos, 2019 ). In 2022, the U.S. women’s national soccer team settled their 2019 class action lawsuit against the U.S. Soccer Federation for a total of $24 million after allegations of violations of the Equal Pay Act and Title VII of the Civil Rights Act ( Carlisle, 2022 ).Female cheerleaders have taken their unequal treatment and pay claims, including harassment allegations, to court to be taken seriously by their employer clubs and leagues ( Epstein, 2015 ).

The purpose of this chapter has been to demonstrate how sport, law, and ethics interrelate. At all levels, there will be those individuals who violate laws, rules, and policies. In some cases, the criminal law intervenes to seek punishment against the perpetrator of a crime. In other instances, internal controls such as fines and suspensions might better serve to remedy violations within the context of the sport itself which likely do not rise to criminal misconduct. Rather, the internal controls represent private justice.

This chapter necessarily has considered only a handful of examples involving contemporary issues related to whistleblowing and claims of fraud and other misconduct, such as the use of PEDs. Along the way, it has provided an introduction to SafeSport, one legislative attempt to respond to years of sexual and emotional abuse by coaches in the Olympic Movement. Unless rules are enforced through effective penalties, however, there remains no reason to believe that written codes or policies are enough to control abhorrent, unethical behavior or prevent sport participants and others—including coaches—from trying to beat the system.

Contract clauses such as for cause termination and morals and loyalty clauses have been effective means to address violations of these agreements, particularly if there is an ethical rules violation. This includes clauses which address sexual abuse and domestic violence by coaches, players, and others related directly or indirectly to sport. Similarly, alternative forms of dispute resolution such as arbitration are common means to resolve disputes. It might take collective action and mobilization to draw attention to perceived inequity, including economic injustices, to make real change happen. If that is ineffective, the courts might be called in to play.

In the end, the interrelationship between sport, law, and ethics is not a very complex one from any perspective. Simply put, games have rules, and those who break the rules should be punished accordingly. Still, some might say that rules are meant to be broken and that if everyone is cheating, it is not unethical to join them. Those who bend the rules will continue to do so as they have for centuries in sport. On the other hand, technology and social media have aligned individuals who reveal wrongdoing and provide a platform for athletes, for example, to express their voice, especially when an injustice appears to be in play.

Sport administrators and regulators face an epic struggle to keep up with those who commit fraud and misconduct and violate the spirit of sport. Maybe the ultimate force behind change for the better is when public outrage translates into lost profit or revenue for a sport organization, coach, sponsor, or participant. Unfortunately, law is most often reactive rather than proactive; unlike a sport’s private rules, the law usually intervenes only in the most egregious of situations. By that time, it might be too late to provide redress for those who have already been wronged, though it could cause a perpetrator to think twice about whether pursuing the spoils of victory is worth the price.

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Murphy, D. (2021, September 1). Everything you need to know about the NCAA’s NIL debate. ESPN. https://www.espn.com/college-sports/story/_/id/31086019/everything-need-know-ncaa-nil-debate

Myerberg, P. (2018, July 23). Ohio State fires wide receivers coach after wife files domestic violence protection order. USA Today . https://www.usatoday.com/story/sports/ncaaf/bigten/2018/07/23/ohio-state-fires-wide-receivers-coach-zach-smith-domestic-violence/823752002/ .

NLRB Office of Public Affairs. (2021, September 29). NLRB General Counsel Jennifer Abruzzo issues memo on employee status of players at academic institutions. NLRB . https://www.nlrb.gov/news-outreach/news-story/nlrb-general-counsel-jennifer-abruzzo-issues-memo-on-employee-status-of

Payne, K. (2018). Letter from CEO Kevin Payne: US Club Soccer to require SafeSport online training. USClubSoccer.org.   https://www.usclubsoccer.org/news_article/show/975931 .

Perez, A. J. (2018, February 28). U.S. Olympic Committee CEO Scott Blackmun resigns. USA Today . https://www.usatoday.com/story/sports/olympics/2018/02/28/u-s-olympic-committee-ceo-scott-blackmun-resigns/382569002/ .

Reid, S. M. (2018, October 29). USOC audit finds USA Badminton at “high risk” for failing to comply with Safe Sport requirements. Orange County Register . https://www.ocregister.com/2018/10/29/usoc-audit-finds-usa-badminton-at-high-risk-for-failing-to-comply-with-safe-sport-requirements/ .

Roscher, L. (2019). Ohio State team doctor sexually abused 177 men while school officials failed to act, per report. Yahoo Sports . https://sports.yahoo.com/ohio-state-team-doctor-sexually-abused-177-men-while-school-officials-failed-to-act-per-report-162817520.html .

Safe Sport Authorization Act. (2017). Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, 115 P.L. 126.

Schlabach, M. (2019). Three sentenced in Adidas recruiting scandal. ESPN.   http://www.espn.com/mens-college-basketball/story/_/id/26141993/three-sentenced-adidas-recruiting-scandal .

Schrotenboer, B. (2018, July 25). New Olympic scandal: USA Racquetball fires executive director. USA Today . https://www.usatoday.com/story/sports/olympics/2018/07/25/new-olympic-scandal-usa-racquetball-fires-executive-director/831275002/ .

Scolforo, M. (2020). Ex-Penn St. president's Sandusky-related conviction restored. Associated Press . https://apnews.com/article/college-football-courts-pennsylvania-football-graham-spanier-3e7cdec3685b0f02da3fd450dbf41df3 .

Smola, J. (2019, February 1). Ohio State, former students split over mediators in ex-doctor’s sexual abuse cases. Columbus Dispatch . https://www.dispatch.com/news/20190201/ohio-state-former-students-split-over-mediators-in-ex-doctors-sexual-abuse-cases .

Svokos, A. (2019, May 3). Women’s hockey players are protesting playing professionally—but don’t call it a boycott. ABC News . https://abcnews.go.com/Sports/womens-hockey-players-protesting-playing-professionally-call-boycott/story?id=62802762 .

Title IX of the Education Amendments. (1972). 20 U.S.C.A. §1681 et seq.

Tribune News Services. (2016, November 30). Judge adds $5M to Mike McQueary’s $7m verdict against Penn State.   Chicago Tribune . https://www.chicagotribune.com/sports/college/ct-penn-state-abuse-spt-20161130-story.html .

U.S. Center for SafeSport. (2022). SafeSport Code for the U.S. Olympic and Paralympic Movement. U.S. Center for SafeSport . https://uscenterforsafesport.org/wp-content/uploads/2022/02/2022-SafeSport-Code.pdf

U.S. Olympic & Paralympic Committee. (2019, June 20). U.S. Olympic Committee changes name to U.S. Olympic & Paralympic Committee. Team USA . https://www.teamusa.org/News/2019/June/20/US-Olympic-Committee-Changes-Name-To-US-Olympic-Paralympic-Committee .

Victims of Child Abuse Act. (1990). 34 U.S.C. § 20341.

Yan, H. (2018, October 16). USA Gymnastics loses its 2nd president in 2 months. CNN . https://www.cnn.com/2018/10/16/us/usa-gymnastics-president-mary-bono-resigns/index.html .

Young, R. (2018). Former athletes file lawsuit against U.S. Olympic Committee, USA Taekwondo for alleged sexual abuse, sex trafficking. Yahoo Sports . https://sports.yahoo.com/former-athletes-file-lawsuit-u-s-olympic-committee-usa-taekwondo-alleged-sexual-abuse-sex-trafficking-040923452.html .

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Modern Sport Ethics Essay

Competition vs. recreation, performance enhancement, political perspective.

Sport is a very important part of the human culture. Ever since the Olympic Games were introduced in the Ancient Greece, it drew attention of thousands of people. Even though some people may argue that sport does not play any key role in their lives, it does, to some extent, influence their worldview. The major question in sports competitions is how to make them fair. However, there is also a question on whether it must be fair in the first place. Doping and other forms of performance enhancement have recently become the most discussed subject, as people try to define whether or not it is ethical to use them.

Robert Simon (2015) is telling a story in the beginning of his book about the sports argument he had with a group of people (p.1). He claimed that the primary goal in sport is winning, while everyone else insisted it was leisure. The argument is popular among many groups of people. In fact, this is a question of philosophy. If sport is all about winning a race, it implies that the participation of athletes who do not reach the top positions is meaningless. Many athletes join competitions not for the medals but for the mere process. Many sports disciplines require a person to train from a very young age and competitions are the source of understanding how well the body answers to the pressure. All people are physically different and this fact alone puts them into more or less advantaged positions to each other. However, this does not mean that they should lose interest in a race if they see another athlete who is more physically fit.

Yet, if winning is not important, then there is no purpose of competing. Regarding sports as pure leisure downgrades the amount of work done by athletes to reach the particular physical state and skills. The popular perception of sports as leisure comes from games like football or baseball, where the individual input is not so highly valued as the teamwork. Nevertheless, winning is always expected. Thus, some athletes, coaches, and whole teams sometimes search the ways to get the victory by any means.

Since sport is a physical activity, various performance enhancement tactics are targeted at making changes to the body. However, not all means of doing this are legal. One of the most popular, yet prohibited, ways to boost the sports results is doping. It is the chemical substance that is injected in a body, which makes the short-term changes to the person’s hormonal level and state of mind. The practice of doping usage is officially prohibited by all the international sports committees. It is easy to understand why it is so frowned upon. Various body types respond differently to drugs and other medicine. Thus, even if two people use the same doping, they would likely get the different results. Besides, performing under any kind of medicine does not allow to tell that the final score is a result of a hard work.

However, there is a list of medicine that can be used during competitions. It mostly concerns various medical states like illness that would not let an athlete perform on the top of his or her possibilities. Shogan (2007) mentions several heath issues that professional athletes often experience as the result of their exercising (p.124). However, nobody asks the question whether such harm is justified. Probably, sport is an industry that damages the body despite the use of doping.

Sports competitions very often mean big money. Team owners are interested in victories as their revenues depend directly on them. It is easy to assume that they do ot mind if their athletes use doping. Moreover, if the matter concerns the international competitions, things like the national pride or disappointment play a key role in the society’s perception of sport.

This year’s Olympic Games in Rio started with a scandal. The World Anti-Doping Agency passed out the report where it described the results of investigation of the doping usage by Russian athletes (Gibson, 2015). This report became a reason for the International Association of Athletics Federation to suspend almost the whole Russian team from the participation in the Olympics. However, in 2016 the group of hackers received the information that WADA had practiced the prescription of medicine to American athletes which could potentially be considered as doping (Ingle, 2016). This situation is an excellent example that rules are followed only when it benefits the influential people who possess the power.

There is no doubt that doping undermines the idea of fair play. It does not allow to judge the real performance of athletes that is a direct result of their hard work. The international committees are doing the right job by revealing the cases of doping usage. However, the current system has its drawbacks, as there is evidence of using the official reports for achieving certain political interests. The international society should improve this system to ensure that sport stays both entertaining and competitive.

Gibson, O. (2015). Russia accused of ‘state-sponsored doping’ as Wada calls for athletics ban . The Guardian. Web.

Ingle, S. (2016). Wada cyber attack: Williams sisters and Simone Biles targeted by Russian group. The Guardian . Web.

Shogan, D. (2007). Sport ethics in context . Toronto, ON: Canadian Scholars’ Press Inc.

Simon, R. L., Torres, C. R., & Hager, P. F. (2015). Fair play: The ethics of sport . Boulder, CO: Westview Press.

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Ethics in Sports are Evolving

Two professionals shake hands

The best practices for ethical behavior in sports are often debated, and codes of ethics can vary greatly from sport to sport.

When we talk about ethics, we’re talking about a system of values that we use to make daily decisions: what we value and how we use those values in our dealings with the world. Ethics don’t just guide individuals; they also inform the missions and actions of larger organizations. Ethics in sport permeate competitive environments. Young children are taught to play fairly and adhere to the rules, which teaches them appropriate life lessons from sports . 1

Here's a look at how ethics in sport management affect the world of sports, and how ethics in sports may evolve going forward.

Ethics in Sports: An Overview

Smiling coach writing on clipboard in the basketball court.

Because ethics have been debated by philosophers since antiquity, defining them in the context of modern sport can sometimes be difficult. Because the goal of sports is winning, how morality fits into that objective can get hazy. Many organizations today, including the International Association for the Philosophy of Sport, strive to develop codes of ethics in sports. 2

One thing is clear: Ethics in sports are essential to good sportsmanship. The National Association of Intercollegiate Athletics states that key elements of sportsmanship include cooperation, gratitude, honor, humility and fairness—all principles that relate to ethical actions in sports. 3 We can see ethical behavior in sports in a multitude of spheres, including:

  • Following rules within a game, and accepting penalties when given
  • Calling games fairly as a referee
  • Compensating players fairly
  • Employing rules that keep players, fans and officials safe
  • Regulating performance-enhancing substances

As this brief list illustrates, ethical decisions and ethical actions in sports affect stakeholders at every level: athletes, coaches, managers, referees, executives and fans.

Ethics in Sport Management

Concentrated employees listening to professional coach at workshop.

If you enter the field of sport management, a range of ethical dilemmas related to players and game play will present themselves. Some of the most pressing ethical issues facing sport managers and others in the industry include:

Athlete Behavior

Rugby players and their coach gathering before a match.

The sport management industry has had to develop policies for ethical behavior on the part of the athletes, addressing such issues as how to handle drug use or athlete altercations during and outside of game play.

The Code of Ethics promoted by the North American Society for Sport Management is a set of guidelines that many managers throughout varying levels of athletics management follow. 4 Some standards include: promoting the safety and health of all athletes, issuing public statements in an objective and truthful manner, respecting privacy of athletes and clients, and treating colleagues with respect and courtesy.

Examples of Ethical Dilemmas in Today’s Sports World

As new challenges arise as the field of sports develops and becomes more complex, those working in sport industries will need to be equipped to address new ethical questions. Some of the most pressing ethical dilemmas in sports include these:

Should sports with high brain injury risk exist?

Some have argued that Mixed Martial Arts (MMA) fighting and boxing, both sports where strikes to the head are common, should be illegal. 5 In addition, the NFL has been questioned thoroughly in recent years about football’s relationship to brain injury. 6 Chronic traumatic encephalopathy, or CTE, has been linked not only with major concussions but with the repetitive smaller hits to the head that NFL players experience every game, as well. 7

As new research has emerged on links between CTE and football, leaders in sport management have had to address ethical decisions regarding football players' safety.

Coaching staff meeting in sports office to discuss employee training.

During play on December 8, 2011, Cleveland Browns quarterback Colt McCoy took a helmet-to-helmet hit and was sent back into the game without being tested for a concussion. After the game, he was diagnosed with a concussion. According to the Browns, their trainers didn’t see the hit because they were tending to other players … and no one told them about it.

Within two weeks, the NFL placed independent certified athletic trainers (ATC spotters) in stadium booths at every game. They serve as additional sets of eyes, watching for potential injuries. ATC spotters may use a medical timeout to stop a game to remove a player for medical examination; teams aren’t charged for those timeouts.

Taking this ethical decision a step further, the league added a video component to the new surveillance system before the playoff games on January 7 and 8, 2012.

During the playoffs, a player was hit in the head (helmet) by another player’s knee. Though he was back on his feet quickly and got to the sideline, his teammates urged trainers to evaluate him for a concussion. He was almost cleared to keep playing when the head athletic trainer checked the video, which confirmed that the player had collapsed from wooziness before standing up.

Recognizing the benefit to player safety, the NFL permanently implemented a more sophisticated observation system before the 2012 season began. 8

While these additions are designed to identify head injuries quickly, the NFL has taken more recent action to help prevent them and reduce their severity. As of 2022, the league requires all offensive and defensive linemen, tight ends and linebackers to wear pillowy, padded caps, called Guardian Caps, on top of their helmets during training. According to the league, Guardian Caps reduce impact severity by at least 10% if a player involved in an on-field collision is wearing one; by at least 20% if both players involved wear them. Speaking to the Washington Post, NFL chief medical officer Allen Sills said, “The training camps, that period up to that first preseason game, that’s the highest period for the density of contact, meaning there’s more contact practices during that time than there are any other times during the year. So it makes sense to start with the most vulnerable players in terms of numbers of impacts and also the most vulnerable time of the year.” 9

Should college athletes be paid?

Young coach explaining training rules to children school soccer team.

Scandals in the NCAA, the rise of million-dollar salaries for college coaches, and the massive entertainment industry that college sports produces have resulted in intense debate about paying college athletes. 10 While college athletes do typically receive tuition scholarships, they often also have had to miss classes to play, or they ended up dropping out of school to pursue professional opportunities. Student athletes, particularly football and basketball players, are the engine of a college sports industry that nets universities millions of dollars in profits; some have said that’s reason enough to provide them with a salary. In addition to calling for a pay-for-play model for college athletes, some professional coaches have called for a measure that allows college athletes who leave school but do not get drafted to return to school. 11

In 2021, the NCAA adopted guidelines that allow college athletes to profit off of their names, images and likenesses. According to NBC News, this decision affected nearly a half million college athletes, who became enfranchised to pursue sponsorship deals, online endorsements and personal appearances. 12

The new guidelines, however, open the door to further ethical dilemmas in sport, including these:

  • What impact will the guidelines have on the future of amateur competition?
  • In what way(s) do they create a less equitable environment, especially for female athletes?
  • Colleges are still not paying their athletes, despite profiting from their names, images and likenesses for many years

Should professional leagues promote gambling?

In 1992, citing the potential of money laundering schemes and other activities of questionable ethics, Congress enacted the Professional and Amateur Sports Protection Act (PASPA), which prevented the expansion of sports wagering beyond Nevada. According to Forbes, this effectively gave Nevada a national monopoly on single-game wagering. The prohibition stood for roughly 30 years, despite the proliferation of illicit sports gambling. 13

In January 2018, the National Basketball Association (NBA) surprised many sports fans by proposing a new set of laws for national legalized betting on basketball games. 14 By becoming a partner in the gambling venture, the NBA stood to make one percent on every bet made on games. This raised ethical dilemmas about how widespread gambling might affect player effort, or players' ability to sway games. Further, the social problem of gambling addiction brought up other ethical issues extending beyond the world of sport.

Happy female coach is consulting young woman.

In its May 2018 ruling of Murphy v. National Collegiate Athletic Association, the United States Supreme Court declared PASPA unconstitutional, paving the way for sports gambling expansion. Since then, roughly 30 states have legalized sports betting, including 21 that allow online betting. Five more states appear poised to legalize it within the year. 13 As of early October 2022, total wagers nationwide exceed $152 billion. 15

Writing for The Atlantic, Matthew Walther examined ethical issues brought to the fore by the 2018 ruling:

“Before the legalization of online gambling, the great majority of Americans would go their entire [lives] without being tempted to seek out a bookie or fly to the handful of jurisdictions in which in-person sports betting was permitted. What millions now face are endless deceptive advertisements aired during the most-watched television broadcasts in America, inviting them to risk their money on platforms funded by venture capitalists rather than by organized crime. Many of the commercials I see while watching football promote what are called “risk free” bets, a phrase that should probably fall afoul of various truth-in-advertising statutes. What they mean is that if you bet $300 and win, you will be able to withdraw your winnings (in five to seven days via bank wire or instantaneously if you opt for the platform’s branded prepaid card); if you lose, your forfeited wagers become credits that can be used for future bets. Risk-free bets serve one purpose: ensuring that you continue to make use of the platform … To shield a tiny portion of the population who engaged in behavior that might once have been considered immoral (or ‘harmful’ as many prefer to put it now) from the worst consequences of their actions, we have exposed many millions of others to an apparently mitigated version of the same hazards, and enriched powerful corporate interests in the bargain.” 16

Influence the Future of Ethics in Sport

Numerous ethical dilemmas confront the sports industry today. Issues in recent years have included trainer abuse of athletes, the unintentional use of performance-enhancing drugs that resulted in punishment, how athletes who commit crimes outside of sports should be treated and viewed in the sports world, the rights of transgender athletes and athletes with variations in sex characteristics, and institutional racism and exclusionary practices in sport teams and clubs.

Make your mark on the next generation of sport and sport leadership. With the KU online master’s degree in sport management ,* you’ll be ready when the right opportunities arise. Study online and maintain your career momentum as you look to build the expertise you need to lead sports organizations. Explore the curriculum , including our internship opportunity, and schedule a call with an admissions advisor today.

*This program is a Master of Science in Education (M.S.E.) degree in health, sport management, and exercise science with an emphasis in sport management.

  • Retrieved on March 6, 2018, from indystar.com/story/sports/nfl/colts/2015/01/22/sports-ethics-deflategate-bill-belichick-new-england-patriots-indianapolis-colts/22153199/
  • Retrieved on March 6, 2018, from iaps.net/
  • Retrieved on March 6, 2018, from championsofcharacter.org/ViewArticle.dbml?DB_OEM_ID=27910&ATCLID=205388515
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  • Retrieved on March 6, 2018, from tandfonline.com/doi/abs/10.1080/17511321.2017.1342688?journalCode=rsep20
  • Retrieved on March 6, 2018, from chicagotribune.com/news/opinion/editorials/ct-edit-cte-football-concussion-20171120-story.html
  • Retrieved on October 3, 2022, from operations.nfl.com/gameday/behind-the-scenes/atc-spotters/
  • Retrieved on October 3, 2022, from washingtonpost.com/sports/2022/08/19/nfl-guardian-caps-concussions/
  • Retrieved on March 6, 2018, from cbssports.com/college-football/news/want-to-pay-college-athletes-start-with-allowing-legitimate-endorsement-deals/
  • Retrieved on March 6, 2018, from espn.com/nba/story/_/id/22664510/golden-state-warriors-coach-steve-kerr-thinks-undrafted-players-allowed-return-college
  • Retrieved on October 3, 2022, from nbcnews.com/news/sports/ncaa-allows-college-athletes-profit-their-name-image-major-policy-n1272861
  • Retrieved on October 3, 2022, from forbes.com/betting/sports-betting/legal-states/
  • Retrieved on March 6, 2018, from espn.com/nba/story/_/id/22198782/nba-outlines-plan-professional-sports-leagues-pushing-national-legalized-wagering
  • Retrieved on October 3, 2022, from legalsportsreport.com/sports-betting/revenue/
  • Retrieved on October 3, 2022, from theatlantic.com/ideas/archive/2022/05/online-gambling-sports-betting/629790/

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Ethics in Sports: The importance of ethics inside the sports world, and how unethical practices affect sports and society

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COMMENTS

  1. What Role Does Ethics Play in Sports?

    An ethical approach to sport rejects this bracketed morality and honors the game and one's opponent through tough but fair play. This means understanding the rules and their importance in encouraging respect for your opponent, which pushes you to be your best. Kirk O. Hanson is the executive director of the Markkula Center for Applied Ethics.

  2. Ethical Concerns in Sport: When the Will to Win Exceed the Spirit of

    2. Bioethics and Sports. Human coexistence in society has been influenced and determined by implicit or explicit guidelines that indicate what is "good or bad", deriving from what is defined by "morals";theetymology of which derives from the Latin "moris" or behavior, which is a concrete system of beliefs, practices, and judgments of the first order on what is appropriate or ...

  3. Ethics, Integrity and Well-Being in Elite Sport: A Systematic Review

    APPLICATIONS IN SPORT Ethics and integrity issues are manifested in sport through athletes' adherence to the components of sportspersonship. ... Exposing the real justifications for drug-free sport. Essays in Sport and the Law, 231-241. 34. Schinke, R., Blodgett, A., McGannon, K., & Ge, Y. (2016). Finding one's footing on foreign soil: A ...

  4. Sports Ethics and Our Society

    Sports Ethics and Our Society. Thomas Barwick / Getty Images. By. Andrea Borghini. Updated on February 05, 2019. Sports ethics is that branch of the philosophy of sport addressing the specific ethical questions that arise during and around sports competitions. With the affirmation of professional sports in the past century as well as the rise ...

  5. SPORTS ETHICS BEYOND RULES

    Related Papers. Fizicko vaspitanje i sport kroz vekove. Ethics and sports, ethics in sports, sports ethics: Aspects of consideration of different authors. 2021 • ljubica milanovic. Ethics issues are an issue today wherever there is competition for profit. Contemporary registered sport is a social activity and is, therefore, one of the spheres ...

  6. Philosophy of Sport (Stanford Encyclopedia of Philosophy)

    The philosophy of sport was pre-dated and inspired by the philosophy of play, most notably Johan Huizinga's Homo Ludens (1938). However, sport is a distinctive type of play and not every instance of sport is an instance of play (Suits, 1988), so sport requires independent philosophical analysis.

  7. Sport, Ethics and Philosophy

    Sport, Ethics and Philosophy is the journal of the British Philosophy of Sport Association.It publishes high quality articles from a wide variety of philosophical traditions. The journal is particularly open to essays of applied philosophy that engage with issues or practice, policy and scholarship concerning the nature and values of sports.

  8. Ethics and Sport

    Introduction. Among the different sub-disciplines of philosophy that are worked by philosophers of sport, in the last decade there is little doubt that the sub-field "ethics of sport" has seen the most growth and activity. Typically, some confusion surrounds the precise nature and scope of the concept "sports ethics" itself.

  9. 8 Sport, Law, and Ethics

    Before delving into specific sport examples, one might utilize a fundamental definition of ethics as "[t]he discipline dealing with what is good and bad with a moral duty and obligation" (Epstein & Niland, 2011, p. 22).Unfortunately, although many sport organizations, coaches, administrators, and athletes claim they subscribe to the principles of ethics and good sportsmanship, the lines ...

  10. Sport ethics: A history, task, and future

    Methods First, a history of sports philosophy which gave birth to sport ethics is surveyed. Second, the emergence of sport ethics in the historical development of sport philosophy is analyzed ...

  11. Modern Sport Ethics

    Modern Sport Ethics Essay. Table of Contents. Sport is a very important part of the human culture. Ever since the Olympic Games were introduced in the Ancient Greece, it drew attention of thousands of people. Even though some people may argue that sport does not play any key role in their lives, it does, to some extent, influence their worldview.

  12. (Pdf) Ethical Issues in Sports: Unfaiir Advantages Due to Pressure to

    Abstract. The paper presents the role ethics plays in sports and implications for unfair advantages due to. pressure to win at all cost. It highlighted a lot of unfair and immoral sports-related ...

  13. Philosophy of sport: critical concepts in sports studies

    The essays by Kathleen M. Pearson, Oliver Leaman, Craig K. Lehman, Feezell, Loland, Hugh Upton, and Richard Royce clearly show how sport philosophers respond to and build upon one another's work in this area of study. Sections 7-9 look at more practical and specific issues related to sport ethics.

  14. Ethical Considerations in Sport and Performance Psychology

    AASP adopted a modified version of the 1992 APA ethics code in 1995 (Association of Applied Sport Psychology, 1996) but has made few changes to its code beyond content concerning technology use in recent years. Other SEPP-oriented professional organizations possessing ethics codes and/or codes of conduct are the Asian and South Pacific ...

  15. Athletes as heroes and role models: an ancient model: Sport, Ethics and

    Sport, Ethics and Philosophy Volume 11, 2017 - Issue 1. Submit an article Journal homepage. ... In this essay, I construct an argument for the social and educational value of sport built upon the relationship between athletes, heroes, and the song culture that celebrated them in ancient Greece. On this model, athletes are neither heroes nor ...

  16. The Evolution and Future of Ethics in Sport Management

    One thing is clear: Ethics in sports are essential to good sportsmanship. The National Association of Intercollegiate Athletics states that key elements of sportsmanship include cooperation, gratitude, honor, humility and fairness—all principles that relate to ethical actions in sports. 3 We can see ethical behavior in sports in a multitude ...

  17. Ethics in Sports: The importance of ethics inside the sports world, and

    Ethics in sports is examined paying special attention to how ethics affects both the sports world and society as a whole. Ethical behavior, as well as unethical behavior, is explained and documented occurrences of unethical behavior are cited. Examples range from high school to college to professional athletics. Examples show how athletes in all realms of athletic competition can be unethical ...

  18. What Is Sport?: Sport, Ethics and Philosophy: Vol 15 , No 3

    Belonging to the extra-ordinary side of human life are artistic performances (theatre, dance, music, etc.) and art of various kinds (literature, fiction film, paintings, etc.), and these works of art differ from sport. Only the former has an artistic function and is conceived of by its audience as having one.

  19. Sport and Art: an Essay in The Hermeneutics of Sport: Sport, Ethics and

    In this essay I explore the relationship of sport to art. I do not intend to argue that sport is one of the arts. I will rather argue that sport and art have a commonality, in that both are alienated philosophy. ... Above all, thanks are due to Mike McNamee for endless support and encouragement and, as editor of Sport, Ethics and Philosophy ...

  20. Ethics in Sports Essay

    I define ethics in sport as the moral rules, principles and values, perhaps more simply put, practicing the following core values to sport. · Fairness. · Respect. · Equity. An example of good ethics is players knowing the rules of a game and following them. Sport is an important part of life; it can bring …show more content….

  21. Sport, Ethics and Philosophy: Vol 18, No 1 (Current issue)

    Sport, Ethics and Philosophy, Volume 18, Issue 1 (2024) See all volumes and issues. Volume 18, 2024 Vol 17, 2023 Vol 16, 2022 Vol 15, 2021 Vol 14, 2020 Vol 13, 2019 Vol 12, 2018 Vol 11, 2017 Vol 10, 2016 Vol 9, 2015 Vol 8, 2014 Vol 7, 2013 Vol 6, 2012 Vol 5, 2011 Vol 4, 2010 Vol 3, 2009 Vol 2, 2008 Vol 1, 2007.