Personal Injury Liability in Sport: Emerging Trends

Violent play during the course of a game or sport is not a new phenomenon; accompanying legal proceedings are. This article considers personal injury liability for injuries inflicted by a participant upon an opponent during a sporting pursuit. The jurisdictional focus is on England and Wales. The sporting emphasis of the article is on competitive, body contact games. The legal emphasis is on the tort of negligence. Analogous to the law of criminal assault, breach of "implied sporting consent" or the volenti of the claimant will be seen as central in application, as assessed through a number of objective criteria, including the skill level of the injuring party and whether that defendant was acting in "reckless disregard" of the claimant's safety. These criteria or evidential guidelines, which emerge from a careful doctrinal analysis of the relevant case law, are seen as crucial to the examination of the appropriate degree of care in negligence within the prevailing circumstances of sport. The article also searches for some theoretical coherency within the case law, premising it on Fletcher's idea of reciprocal risk-taking. In addition, the underlying policy-related issue of sport's social utility is discussed, as are practical matters relating to vicarious liability, insurance and the measure of damages for "lost sporting opportunity". Moreover, it will be shown that personal injury claims relating to sports participant liability now extend to a consideration of the duties of coaches, referees, sports governing bodies and schools. Finally, this article is set against the backdrop of an apparently spiralling "compensation culture" and the concomitant threat that that "blame culture" poses for the future promotion, operation and administration of sport.

Once a Criminal, Always a Criminal?: ‘Redeemability’ and the Psychology of Punitive Public Attitudes

Several studies have sought to link punitive public attitudes to attribution style and/or lay theories of crime. This research finds that those who believe criminal acts are the result of freely chosen and willful behavior are more likely to be punitive than those who feel crime is the result of external circumstances and constraints. These analyses focus on only one dimension of attributions: locus of control (internal/external). In this analysis, we include a second dimension, thought to be a better predictor of attitudes in social psychological research: stability/instability. In addition to measuring lay theories of crime causation, we also test for “belief in redeemability” (or beliefs about the ability of deviants to change their ways). Our hypothesis is that this other dimension of personal attributions (stability/instability) may be as critical in explaining support for highly punitive criminal justice policies as beliefs about criminal responsibility. We find evidence supportive of this model in an analysis of data from postal survey of residents of six areas in England.

Preparing students for interprofessional practice: exploring the intra-personal dimension

This paper appears in the Canadian-based, leading interprofessional education journal. Pre-qualification healthcare education can be viewed as having three inter-related components, intra-professional, interprofessional and intra-personal learning; the third of these underpinning the other two. Understanding more about personal learning needs can contribute to preparation for interprofessional interaction. A Studying and Learning Preferences Inventory (SALPI) was developed and validated for use with a range of healthcare professionals to assist in this process.

Inter- and intrapersonal processes underlying authoritarianism: The role of social conformity and personal need for structure

Several personality constructs have been theorised to underlie right-wing authoritarianism (RWA). In samples from New Zealand and Germany (Ns = 218, 259), we tested whether these constructs can account for specific variance in RWA. In both samples, social conformity and personal need for structure were independent predictors of RWA. In Sample 2, where also openness to experience was measured, social conformity and personal need for structure fully mediated the impact of the higher-order factor of openness on RWA. Our results contribute to the integration of current approaches to the personality basis of authoritarianism. and suggest that two distinct personality processes contribute to RWA: An interpersonal process related to social conformity and an intrapersonal process related to rigid cognitive style. Copyright (C) 2009 John Wiley & Sons, Ltd.