Abstract

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Sport Realism: A Law-Inspired Theory of Sport by Aaron HARPERTim ElcombeHARPER, Aaron. Sport Realism: A Law-Inspired Theory of Sport. Lanham, Md.: Lexington Books, 2022. viii + 172 pp. Cloth, $95.00At a crucial moment in the 2019 World Series all six on-field umpires, in communication with Major League Baseball’s headquarters, engaged in an 8-minute discussion to determine if a baserunner should be called out for interference. The deliberation stemmed from a tension between the formal rules of baseball and the game’s unwritten rules about a baserunner’s traveled path to first base. This example of a “hard case” in sport officiating sets Aaron Harper’s book Sport Realism: A Law-Inspired Theory of Sport in motion. Harper’s aim in Sport Realism is to provide a new “theory of sport” drawing primarily from American legal realism—and supplemented by philosophical pragmatism and virtue jurisprudence. Sport realism, Harper argues, serves as the best resource to understand how rules are applied in sport and how officials make in-game decisions, and it highlights the importance of participants being able to develop an expectation for how calls will be made in the future and to make difficult normative judgments.In chapter 1, Harper provides an excellent overview of the sport philosophy literature related to “theories of sport.” Using a chronological approach, he develops a clear and extensive “history” of the evolution of the field’s most influential theories and their connections to legal theory. Harper summarizes how formalism’s rigid commitment to “constitutive” rules that supposedly define a sport led to criticisms from conventionalists who alternatively generated their account of how nonwritten rules or a sporting ethos defines how a sport is played. However, the laissez-faire nature of conventionalism, as well as the inflexibility of formalism, gave rise to now-dominant interpretivist theories of sport that Harper covers in significant detail. Primarily inspired by Ronald Dworkin, philosophers developed theories that relied on the interpretation of principles that affirmed a sport’s point and purpose. Emergent formulations of interpretivism—from realist accounts to antirealist/historicist versions—all relied on the interpretation of some essential starting point (rules, principles, ethos, deep conventions) to both explain sport and provide officials with normative guidance.Harper regularly lauds interpretivism as the best theory of sport developed to date. However, in chapter 2 he highlights deficiencies with interpretivist accounts via two case studies: New York Yankees’ pitcher Michael Pineda’s “illegal” use of pine tar to improve his grip on the [End Page 147] baseball, as well as Tiger Woods taking a favorable drop after hitting his golf ball into a water hazard. From these two cases, Harper concludes that all variations of interpretivism (from realist to antirealist accounts) fall short in the purpose of developing a theory of sport: to both explain sport (Pineda case) and give a wide swath of formal and informal decision-makers tools to make difficult ethical judgments (Woods case).Harper turns to American legal realism in chapter 3 to develop a superior theory of sport. Crucial to Harper’s sport realism account is Oliver Wendell Holmes’s resistance to understanding law as a set of rules or principles, and instead as an ongoing process of “policymaking” best characterized by the role of the appellate courts. “Understanding the law” from a Holmes perspective, Harper writes, “entails successful prediction of how courts will act in deciding cases... which actions will, in fact, prompt sanction by a court.” This alternative view of the law led to the rise of American legal realism—and subsequently serves as the source of Harper’s sport realism account sketched out in the latter half of chapter 3. According to sport realism, sport ought to be explained by how “it is actually played in order to provide a more accurate account of sport as an activity.” This “best explanation of sport” therefore “provides normative guidance” for sporting challenges.Continuing his development of sport realism, Harper sets out in chapter 4 to define cheating as “an instance of rule-breaking [that] warrants a restorative sanction given by sport officials, and we would expect such sanction to be given if the action...