Abuso De Derecho Y Fair Play En El Deporte(Abuse of Law and Fair Play in Sport)
2013; RELX Group (Netherlands); Linguagem: Inglês
ISSN
1556-5068
AutoresCésar R. Torres, José Alberto Fernández Pérez,
Tópico(s)Sports Analytics and Performance
ResumoThis paper offers a reflection on a central subject in sport, the characterization of those plays in which a player or team, getting protection in the norms of the sport normative system, obtains an advantage out of the good faith of the rival. An example of this type of plays took place recently in a match between FC Shakhtar Donetz of Ukrania and FC Nordsjaelland of Denmark, in which the player of the Ukrainian team Luiz Adriano took advantage of a neutral kickoff to score a goal. Curiously, the referee did not cancel the goal, but the disciplinary organ of the UEFA imposed a sanction to the player. In this paper, we propose to characterise this type of play that “spoils the game” based on the notion of abuse of law, typical of the theory of law. Additionally, we analyse this type of play from the point of view of different theories of the sport (formalism, conventionalism, and interpretivism) and conclude that the latter is the conception that allows for a more complete explanation.
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