On Privileged Grounds: Sport, Law, and Agamben’s State of Exception

Curtis A Fogel

doi:10.5539/jpl.v7n3p74

Abstract

The central question examined in this paper is: does a state of legal exception exist in the context of sport and sporting competitions? That is, does the law of a particular land no longer apply on the fields of sport, much like it does not on many fields of war? An unobtrusive methodology, using legal case files as data, is used in this study to further examine this question. Four main areas of law are explored in particular including: 1) procedural law, 2) human rights law, 3) criminal law, and 4) EU law. The overall finding of this study is that no all-encompassing exception from the law exists in sport, but that sport does receive special considerations and privileges allowing for legal exceptions in many areas.

Highlights

Italian Philosopher Georgio Agamben refers to a “state of exception” as the suspension of laws in a given jurisdiction for a specified purpose, typically to maintain order and security in times of emergency such as wartime crisis.[1]
The central question examined in this paper is: does a state of legal exception exist in the context of sport and sporting competitions? That is, does the law of a particular land no longer apply on the fields of sport, much like it does not on many fields of war? An unobtrusive methodology, using legal case files as data, is used in this study to further examine this question
The overall finding of this study is that no all-encompassing exception from the law exists in sport, but that sport does receive special considerations and privileges allowing for legal exceptions in many areas

Summary

Introduction

Italian Philosopher Georgio Agamben refers to a “state of exception” as the suspension of laws in a given jurisdiction for a specified purpose, typically to maintain order and security in times of emergency such as wartime crisis.[1]. Many terms are commonly used to refer to the notion that sport might exist in a state of exception, such as Sporting Exemption, Sport Monopoly, Specialness of Sport, and Sport Autonomy Another common term that has emerged more recently, largely from its direct mention in the White Paper on Sport (2007)[2], is the term Specificity of Sport. A commonality in these documents is that a unique specialness of sport is recognized that opens the possibility for particular exceptions in the governance of sport, combined with an assertion that no absolute exceptions from law shall be granted This assertion is summarized well in Article 165 of the TFEU, which states, “The Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport.”. The legal areas explored include: 1) Procedural Law, 2) Human Rights Law, 3) Criminal Law, and 4) EU Law

Sport and Procedural Law

Sport and Human Rights Law

Sport and Criminal Law

Sport and EU Law

Concluding Remarks