Historical Overview

Question 1

Arete

Answer 1

Linked to athletic excellence

Question 2

Aristocracy

Answer 2

A government of the best people
Aristocracy (rule by the aristoi)
Aristocrats & tyrants capitalized on their athletic arete to justify their political Power

Question 3

Isonomia

Answer 3

Being equal, equal rights among the competitions

Question 4

Hellenistic period

Answer 4

Athletic culture was centered on training and Instruction rather than competition

Question 5

Main points:
a) Agon
b) Athla
c) Arete
d) Isonomia

Answer 5

a) the struggle
b) competing for a prize
c) virtue (athletic excellence)
d) Equality

Question 6

Roman Sport focused on…

Answer 6

Preparing young men for war

Question 7

Law as the Union of a) primary & b) seconday rules

Answer 7

a) impose duties & obligations with the function to preserve a social order
(They directly govern our behaviour: what we ought and ought not to do)

b) confer power, either private (power to make contract or create or vary legal relations between people) or public (power of adjudication or legislation)
= Regulation of behaviour

As society gets larger and more complex, primary rules prove insufficient and defensive. Hence, the serious need for a different type of rules are required –> secondary rules of obligation

Secondary rules: give the power for example to the referee to apply the power

Question 8

Regulative rules

Answer 8

= are normative rules; how to act/perform

Question 9

Constitutive rules

Answer 9

= which conditions must be fullfilled to determine a certain behaviour

Question 10

Is sport a legal system?

Answer 10

Sport law is a System of primary and secondary rules (union).

Question 11

Three drawbacks in the Regulation of behaviour (primary rules)

Answer 11

1. Uncertainty (what these rules are and their scope). This can be met by having a secondary rule of recognition by which to identify primary rules.
2. Primary rules are static. This can be met by having secondary rules providing Power to change primary rules (rules of change).
3. The maintenance of primary rules is inefficient because of the absence of authoritative arbiters of disputes. This can be met by having rules of adjudication (Rechtsprechung)

–> This primary rules aquire the character of a legal System through their union of secondary rules. i.e. the union of rules creating duties and rules creating power to create, extinguish, modify and adjudge as well as the rules of recognition with which to identify primary rules.

Hard concept is based on the distinction between rules creating duties and rules creating powers; since a legal system is constituted by their union.