The Right to a Fair Fight: Sporting Lessons on Consensual Harm

This article critically assesses the criminal law on consensual harm through an examination of the legality of fighting sports. The article begins by considering fighting sports such as bare-fisted prize fighting (dominant in the nineteenth century). It then, in historical chronology, examines the legality of professional boxing with gloves (dominant in the twentieth century). Doctrinally, the article reviews why and how, in a position adopted by the leading common law jurisdictions, fighting sports benefit from an application of the “well-established” category-based exceptions to the usual bodily harm threshold of consent in the criminal law. Centrally, fighting sports and doctrinal law on offenses against the person are juxtaposed against the theoretical boundaries of consent in the criminal law to examine whether and where the limit of the “right to be hurt” might lie. In sum, this article uses fighting sports as a case study to assess whether the criminal law generally can or should accommodate the notion of a fair fight, sporting or otherwise, predicated on the consent of the participants to the point that the individuals involved might be said, pithily, to have extended an open invite to harm.

Sporting Justice: An Arbitrator's Perspective

Drawing on my experience of a number of sports dispute resolution tribunals in the UK and Ireland (such as Sports Resolutions UK; Just Sport Ireland; the Football Association of Ireland’s Disciplinary Panel and the Gaelic Athletic Association’s Dispute Resolution Authority) I intend to use this paper to review the legal arguments typically made in sports-related arbitrations. These points of interest can be summarised as a series of three questions: the fairness question; the liability question; the penalty question.

In answer to the fairness question, the aim is to give a brief outline on best practice in establishing a "fair" sports disciplinary tribunal. The answer, I believe, is always twofold in nature: first, and to paraphrase Lord Steyn in R v Secretary of State For The Home Department, Ex Parte Daly [2001] UKHL 26 at [28] "in law, context is everything" – translated into the present matter, this means that in sports disciplinary cases, the more serious the charges against the individual (in terms of reputational damage, economic impact and/or length of sanction); the more tightly wrapped the procedural safeguards surrounding any subsequent disciplinary hearing must be. A fair disciplinary system will be discussed in the context of the principles laid down in Article 8 of the World Anti-Doping Code which, in effect, acts as sport’s Article 6 of the ECHR on a right to a fair trial.

Following on from the above, in the 60 or so sports arbitrations that I have heard, there are two further points of interest. First, the claim before the arbitral panel will often be framed in an argument that, for various reasons of substantive and procedural irregularity, the sanction imposed on the appellant should be quashed ("the liability"). Second, and in alternative, that the sanction imposed was wholly disproportionate ("the penalty").

The liability issue usually breaks down into two further questions. First, what is the nature of the legal duty upon a sports body in exercising its disciplinary remit? Second, to what extent does a de novo hearing on appeal cure any apparent defects in a hearing of first instance? The first issue often results in an arbitral panel debating the contra preferentum approach to the interpretation of a contested rule i.e., the sports body’s rules in question are so ambiguous that they should be interpreted in a manner to the detriment of the rule maker and in favour of the appellant. On the second matter, it now appears to be a general principle of sports law, administrative law and even human rights law that even if a violation of the principles of natural justice takes place at the first instance stage of a disciplinary process, they may be cured on de novo appeal. Authority for this approach can be found at the Court of Arbitration for Sport and in particular in CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA at para 87.

The question on proportionality asks what, aside from precedent found within the decisions of the sports body in question, are the general legal principles against which a sanction by a sports disciplinary body can be benchmarked in order to ascertain whether it is disproportionate in length or even irrational in nature?

On the matter of (dis)proportionality of sanction, the debate is usually guided by the authority in Bradley v the Jockey Club [2004] EWHC 2164 (QB) and affirmed at [2005] EWCA Civ 1056. The Bradley principles on proportionality of sports-specific sanctions, recently cited with approval at the Court of Arbitration for Sport, will be examined in this presentation.

Finally, an interesting application of many of the above principles (and others such as the appropriate standard of proof in sports disciplinary procedures) can be made to recent match-fixing or corruption related hearings held by the British Horse Racing Authority, the integrity units of snooker and tennis, and at the Court of Arbitration for Sport.

Spirituality and Basketball Fanship: An Interpretative Phenomenological Analysis and Synthesis

The world of competitive sport affords an individual the opportunity to enter a spiritual community adding meaning that transcends one’s current understanding of life (Parry et al. 2007). Previously established dimensions of sports fanship (group affiliation, psychological commitment and team identification) share characteristics commonly associated with religious or spiritual affiliation indicating that fans may generate substantial life meaning from observing sporting encounters. In the present study, 12 male basketball fans (M=32.42; SD=7.97) completed semi-structured interviews immediately prior to viewing a competitive match at the 2011 European Basketball Championships (Vilnius, Lithuania). Interviews were structured under four headings; 1) the most memorable moment as a basketball fan, 2) thoughts, feelings and emotions attached to their team, 3) affiliation to the team in the context of the fan’s meaning of life, 4) connection with members of the fan’s sporting community. Interpretative Phenomenological Analysis was employed to analyse interview transcripts. Raw data clustered into four dimensions; 1) devotion, 2) obscure emotions, 3) connectedness, and 4) universal values. The results indicate that sports fanship is characterised by, and synonymous with, an established understanding of spirituality derived from membership of wider spiritual and/or religious communities. The findings hold implications for the marketing and membership of local, amateur and professional sports clubs and brands, as well as community development, health and welfare.

Dis)located Olympic Patriots: Sporting Connections, Administrative Communications and Imperial Ether in Interwar New Zealand

During the interwar period (1919-1939) protagonists of the early New Zealand Olympic Committee [NZOC] worked to renegotiate and improve the country’s international sporting participation and involvement in the International Olympic Committee [IOC]. To this end, NZOC effectively used its locally based administrators and well-placed expatriates in Britain to variously assert the organisation’s nascent autonomy, independence and political power, progress Antipodean athlete’s causes, and, counter any potential doubt about the nation’s peripheral position in imperial sporting dialogues. Adding to the corpus of scholarship on New Zealand’s ties and tribulations with imperial Britain (in and beyond sport) (e.g. Beilharz and Cox 2007; Belich 2001, 2007; Coombes 2006; MacLean 2010; Phillips 1984, 1987; Ryan 2004, 2005, 2007), in this paper I examine how the political actions and strategic location of three key NZOC agents (specifically, administrator Harry Amos and expatriates Arthur Porritt and Jack Lovelock) worked in their own particular ways to assert the position of the organisation within the global Olympic fraternity. I argue that the efforts of Amos, Porritt and Lovelock also concomitantly served to remind Commonwealth sporting colleagues (namely Britain and Australia) that New Zealand could not be characterised as, or relegated to being, a distal, subdued, or subservient colonial sporting partner. Subsequently I contend that NZOC’s development during the interwar period, and particularly the utility of expatriate agents, can be contextualised against historiographical shifts that encourage us to rethink, reimagine, and rework narratives of empire, colonisation, national identity, commonwealth and belonging.

Readjusting our Sporting Sites/Sight: Sportification and the Theatricality of Social Life

This paper points out the potential of using sport for the analysis of society. Cultivated human movement is a specific social and cultural subsystem (involving sport, movement culture and physical culture), yet it becomes a part of wider social discourses by extending some of its characteristics into various other spheres. This process, theorised as sportification, provides as useful concept to examine the permeation of certain phenomena from the area of sport into the social reality outside of sport. In this paper, we investigate the phenomena of sportification which we parallel with visual culture and spectatorship practices in the Renaissance era. The emphasis in our investigation is on theatricality and performativity; particularly, the superficial spectator engagement with modern sport and sporting spectacles. Unlike the significance afforded to visualisation and deeper symbolic interpretation in Renaissance art, contemporary cultural shifts have changed and challenged the ways in which the active and interacting body is positioned, politicised, symbolised and ultimately understood. We suggest here that the ways in which we view sport and sporting bodies within a (post)modern context (particularly with the confounding amalgamations of signs and symbols and emphasis on hyper-realities) has invariably become detached from sports’ profound metaphysical meanings and resonance. Subsequently, by emphasising the associations between social theatrics and the sporting complex, this paper aims to remind readers of ways that sport—as a nuanced phenomenon—can be operationalised to help us to contemplate questions about nature, society, ourselves and the complex worlds in which we live.

(Dis)located Olympic Patriots: Sporting Connections, Administrative Communications and Imperial Ether in Interwar New Zealand

During the interwar period (1919–1939), protagonists of the early New Zealand Olympic Committee (NZOC) worked to renegotiate and improve the country's international sporting participation and involvement in the International Olympic Committee. To this end, NZOC effectively used its locally based administrators and well-placed expatriates in Britain to variously assert the organization's nascent autonomy, independence and political power, progress Antipodean athlete's causes and counter any potential doubt about the nation's peripheral position in imperial sporting dialogues. Adding to the corpus of scholarship on New Zealand's ties and tribulations with imperial Britain, both in and beyond sport (e.g. Beilharz and Cox, 2007, “Settler Capitalism Revisited,” Thesis Eleven 88: 112–124; Belich, 2001, Paradise Reforged: A History of the New Zealanders from the 1880s to the Year 2000, Auckland: Allen Lane; Belich, 2007, Making Peoples: A History of the New Zealanders from Polynesian Settlement to the End of the Nineteenth Century, Auckland: The Penguin Group; Coombes, 2006, Rethinking Settler Colonialism: History and Memory in Australia, Canada, Aotearoa New Zealand and South Africa, Manchester: Manchester University Press; MacLean, 2010, “New Zealand (Aotearoa),” In Routledge Companion to Sports History, edited by Steve W. Pope and John Nauright, 510–525, London: Routledge; Phillips, 1984, “Rugby, War and the Mythology of the New Zealand Male,” The New Zealand Journal of History 18 (1): 83–103; Phillips, 1987, A Man's Country: The Image of the Pakeha Male, Auckland: Penguin Books; Ryan, 2004, The Making of New Zealand Cricket, 1832–1914, London: Frank Cass; Ryan, 2005, Tackling Rugby Myths: Rugby and New Zealand Society 1854–2004, Dunedin: University of Otago Press; Ryan, 2007, “Sport in 19th-Century Aotearoa/New Zealand: Opportunities and Constraints,” In Sport in Aotearoa/New Zealand Society, edited by Chris Collins and Steve Jackson, 96–111, Auckland: Thomson), I will examine how the political actions and strategic location of three key NZOC agents (specifically, administrator Harry Amos and expatriates Arthur Porritt and Jack Lovelock) worked in their own particular ways to assert the position of the organization within the global Olympic fraternity. I argue that the efforts of Amos, Porritt and Lovelock also concomitantly served to remind Commonwealth sporting colleagues (namely Britain and Australia) that New Zealand could not be characterized as, or relegated to being, a distal, subdued or subservient colonial sporting partner. Subsequently, I contend that NZOC's development during the interwar period, and particularly the utility of expatriate agents, can be contextualized against historiographical shifts that encourage us to rethink, reimagine and rework narratives of empire, colonization, national identity, commonwealth and belonging.

Market impact of international sporting and cultural events

We study market reaction to the announcements of the selected country hosting the Summer and Winter Olympic Games, the World Football Cup, the European Football Cup and World and Specialized Exhibitions. We generalize previous results analyzing a large number and different types of mega-events, evaluate the effects for winning and losing countries, investigate the determinants of the observed market reaction and control for the ex ante probability of a country being a successful bidder. Average abnormal returns measured at the announcement date and around the event are not significantly different from zero. Further, we find no evidence supporting that industries, that a priori were more likely to extract direct benefits from the event, observe positive significant effects. Yet, when we control for anticipation, the stock price reactions around the announcements are significant.

O Impacto dos Social Media no Comportamento dos Consumidores de Health Clubs em Portugal

Este estudo enquadra-se num contexto do Marketing Digital e do Comportamento do Consumidor, tendo como tema o impacto dos social media no comportamento dos consumidores de health clubs no mercado português. O principal objectivo deste trabalho está em perceber até que ponto são os consumidores influenciados por aquilo que é publicado nos social media, no momento de aderir a um health club. O desenvolvimento da Web 2.0 proporcionou o aparecimento de uma nova forma de comunicação através dos social media. Inicialmente apareceram como meio de comunicar entre familiares e amigos, só há pouco tempo os social media começaram a ser vistos pelas empresas como uma ferramenta de comunicação. A partir de então a forma de comunicar das empresas sofreu significativas alterações. Como consequência desta nova forma de comunicação, deparamo-nos com uns consumidores mais informados, activos e exigentes que exercem um maior controlo sobre consumo que fazem dos media. De acordo com um estudo da Marktest de 2013, é o Facebook que lidera as preferências dos utilizadores das redes sociais. Numa sociedade de consumo onde reina o culto ao corpo, o desporto assume actualmente um papel fulcral no bem-estar dos indivíduos pois não só é visto como meio para se melhorar as condições físicas e de saúde mas também como meio de relaxamento e anti-stress. Desde os anos 80 que se tem vindo a multiplicar os health clubs pelos centros urbanos, altura em que a prática de exercício físico começou a assumir uma maior regularidade na vida dos portugueses. No entanto, constatamos nos dias de hoje que existe uma grande preocupação em corresponderem às necessidades da sociedade relativamente à prática de actividade física. De modo a perceber-se melhor esta problemática foi desenvolvida uma investigação focada nas páginas na rede social Facebook de health clubs do mercado português. Neste estudo foram utilizados estudos do tipo qualitativo e quantitativo. No que respeita ao método qualitativo recorremos a duas entrevistas exploratórias estruturadas a responsáveis pela concepção e implementação das estratégias de Marketing Digital nos departamentos de Comunicação e Marketing de dois diferentes health clubs. Por outro lado, utilizamos o inquérito por questionário, onde foram recolhidas cem respostas, e a observação directa às páginas do Facebook do Fitness Hut Arco do Cego, Solinca, Holmes Place Alvalade e Virgin Active Portugal em dois diferentes dias. Apesar de se concluir que a maioria dos inquiridos não só tem conhecimento que o health club que frequenta tem página numa rede social como também é seguidor/amigo/colocou um like na mesma, a percentagem de inquiridos que afirma que a sua decisão no momento de escolha em aderir a um health club foi condicionada por um comentário que publicado numa rede social é bastante reduzida. Porém, a mesma situação aplicada a comentários/ posts num blogue ainda é mais insignificante. Outra conclusão a que chegámos prende-se com o facto das páginas de Facebook dos health clubs estarem, pelo conteúdo publicado, mais direccionadas para satisfazer as necessidades dos consumidores que já são clientes do que para conquistar novos.

Beleuse, nageur [du Sporting Club Parisien] : [photographie de presse] / [Agence Rol]

Référence bibliographique : Rol, 58555

Beleuse, nageur [du Sporting Club Parisien] : [photographie de presse] / [Agence Rol]

Référence bibliographique : Rol, 58556

d'Arsonval [professeur de tennis au Sporting club de Paris] : [photographie de presse] / [Agence Rol]

Référence bibliographique : Rol, 58314