Almost all scholars depict sport as an activity, characterised by an intrinsic ethical feature. This distinctive feature gives rise to some issues, both in international and/or state legal system and in sports legal systems. The first ones highlight the value of fair play, considering it as the true pillar upon which structuring sport. An in depth analysis shows some issues. What is fair play in a state and/or international legal system? Is it the mere respect of state and/or international norms on sport? Is it more? In the first case, what is the true difference between fair play in sport and the obligation to respect legal norms? In the second case, how can we introduce such “more” in a state and/or international legal system? How can we rule such “more”? Sports legal systems establish themselves as ethical legal systems, because of their Grundnorm, namely the ensuring of fair competition. Thus, they structure and organise themselves in order to ensure the compliance with a single absolute principle, up to the recession of the protection of individual rights. However, some issues arise when we consider the unavoidable overlap of regulatory competences between these different legal systems is considered. Which of them prevails? Almost all scholars depict sport as an activity, characterised by an intrinsic ethical feature. This distinctive feature gives rise to some issues, both in international and/or state legal system and in sports legal systems. The first ones highlight the value of fair play, considering it as the true pillar upon which structuring sport. An in depth analysis shows some issues. What is fair play in a state and/or international legal system? Is it the mere respect of state and/or international norms on sport? Is it more? In the first case, what is the true difference between fair play in sport and the obligation to respect legal norms? In the second case, how can we introduce such “more” in a state and/or international legal system? How can we rule such “more”? Sports legal systems establish themselves as ethical legal systems, because of their Grundnorm, namely the ensuring of fair competition. Thus, they structure and organise themselves in order to ensure the compliance with a single absolute principle, up to the recession of the protection of individual rights. However, some issues arise when we consider the unavoidable overlap of regulatory competences between these different legal systems is considered. Which of them prevails?
Some consideration about sport as intrinsically ethical activity
DI GIANDOMENICO, Anna
2022-01-01
Abstract
Almost all scholars depict sport as an activity, characterised by an intrinsic ethical feature. This distinctive feature gives rise to some issues, both in international and/or state legal system and in sports legal systems. The first ones highlight the value of fair play, considering it as the true pillar upon which structuring sport. An in depth analysis shows some issues. What is fair play in a state and/or international legal system? Is it the mere respect of state and/or international norms on sport? Is it more? In the first case, what is the true difference between fair play in sport and the obligation to respect legal norms? In the second case, how can we introduce such “more” in a state and/or international legal system? How can we rule such “more”? Sports legal systems establish themselves as ethical legal systems, because of their Grundnorm, namely the ensuring of fair competition. Thus, they structure and organise themselves in order to ensure the compliance with a single absolute principle, up to the recession of the protection of individual rights. However, some issues arise when we consider the unavoidable overlap of regulatory competences between these different legal systems is considered. Which of them prevails? Almost all scholars depict sport as an activity, characterised by an intrinsic ethical feature. This distinctive feature gives rise to some issues, both in international and/or state legal system and in sports legal systems. The first ones highlight the value of fair play, considering it as the true pillar upon which structuring sport. An in depth analysis shows some issues. What is fair play in a state and/or international legal system? Is it the mere respect of state and/or international norms on sport? Is it more? In the first case, what is the true difference between fair play in sport and the obligation to respect legal norms? In the second case, how can we introduce such “more” in a state and/or international legal system? How can we rule such “more”? Sports legal systems establish themselves as ethical legal systems, because of their Grundnorm, namely the ensuring of fair competition. Thus, they structure and organise themselves in order to ensure the compliance with a single absolute principle, up to the recession of the protection of individual rights. However, some issues arise when we consider the unavoidable overlap of regulatory competences between these different legal systems is considered. Which of them prevails?I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
