Violence is a typical sports offence: in fact, it‘s sanctioned in a precise manner by technical rules of every sports discipline (and in a more specific manner in those sports that can be defined as “ontologically” violent). In this contribution, I‘ll wonder about juridical relevance of sports violence, focusing on Italian legal system. First of all, the examination of the case reveals a definitory difficulty, that has consequences on its juridical regulation. Given this difficulty, I‘ll continue with the analysis of the case considering the involved subjectivities: but even this analysis doesn‘t solve every difficulties of definition, reaffirming rather the specificity of sport, where sportsmen seem to be exempted from the ordinary regimen of liability, at least in those sports disciplines which are characterized by the possibility of contact among the athletes, or in those sports that are focused on the physical contrast among competitors. This regimen of exemption could be fully justified if it‘s considered from the point of view of the s. c. “active subjects” but, if it‘s considered from the perspective of those who suffer that violence, various grey areas emerge, where are highlighted unsolved criticalities to which Italian jurisprudence gave various solutions, often very differentiated among them.

Sports Violence in the Italian Legal System

DI GIANDOMENICO, Anna
2013-01-01

Abstract

Violence is a typical sports offence: in fact, it‘s sanctioned in a precise manner by technical rules of every sports discipline (and in a more specific manner in those sports that can be defined as “ontologically” violent). In this contribution, I‘ll wonder about juridical relevance of sports violence, focusing on Italian legal system. First of all, the examination of the case reveals a definitory difficulty, that has consequences on its juridical regulation. Given this difficulty, I‘ll continue with the analysis of the case considering the involved subjectivities: but even this analysis doesn‘t solve every difficulties of definition, reaffirming rather the specificity of sport, where sportsmen seem to be exempted from the ordinary regimen of liability, at least in those sports disciplines which are characterized by the possibility of contact among the athletes, or in those sports that are focused on the physical contrast among competitors. This regimen of exemption could be fully justified if it‘s considered from the point of view of the s. c. “active subjects” but, if it‘s considered from the perspective of those who suffer that violence, various grey areas emerge, where are highlighted unsolved criticalities to which Italian jurisprudence gave various solutions, often very differentiated among them.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11575/17498
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