The ‘spirit of sport’, WADAs code review, and the search for an overlapping consensus

Abstract

In this paper we argue for the recognition that anti-doping is in itself first and foremost an ethical position. The current World Anti-doping Code formulation of 'the spirit of sport' is an acknowledgement of this point and a rejection of scientific and technicist understandings of the nature of anti-doping itself. We critically review the Code formulations on 'the spirit of sport'. Based on a theoretical background of various approaches to normative agreement and consensus in a setting of diversity of 'comprehensive views' (Rawls 1987), we argue for revision of the Code. Specifically, we argue for a re-formulation of 'the spirit of sport' in terms of athlete protection and the preservation of the integrity of sporting competition that could meet requirements on an overlapping consensus among all WADA stakeholders. This is not just a matter of formality and Code acceptance. An overlapping consensus is not a mere modus vivendi but a normative consensus based on fair, honest, and transparent discourse in which participants deliberate in a setting of mutual respect and trust, and of 'decency' (Walzer 1994), which is a basis for a consensus that cultivates authentic stakeholder commitment.

Understanding and building clean(er) sport together: Community-based participatory research with elite athletes and anti-doping organisations from five European countries

“…Taking the values to the policy level, Loland and McNamee (2019) argue that Spirit of Sport -a peculiar set of values rooted in Victorian virtues and the Olympic ideal -form a set of normative values which then are (or should be) actioned for athlete protection and the preservation of the integrity of sporting competition. This value-laden normative criterion for prohibiting a substance and/or method in elite sport is the underpinning influence for athletes' perception of normative anti-doping legitimacy.…”

Balancing mission creep, means, effectiveness and legitimacy at the World Anti-Doping Agency

“…In terms of the sample, participants had mixed experiences of working in Europe (n = 13), North America (n = 3), Central and South America (n = 2), Africa (n = 3), and Asia (n = 3). The geographic diversity of occupational experience is a strength of the sample that helps challenge the typical Eurocentric perspective on anti-doping (Loland & McNamee, 2019). It was also considered a strength of the study that reoccurring dimensions related to the legitimacy of WADA were reiterated by sources with experiences of anti-doping roles in different continents.…”

Unnatural Technology in a “Natural” Practice? Human Nature and Performance-Enhancing Technology in Sport

“…Indeed, Loland and McNamee might lead the way in this respect. In a recent paper, they wonder whether "references to 'the spirit of sport' [can] serve as basis for an overlapping consensus among all stakeholders in the anti-doping domain" [62] (p. 7), and offer an alternative formulation of the "spirit of sport" principle that might facilitate the achievement of such a type of consensus: "The purpose of anti-doping policy and practice is to preserve and promote the committed pursuit of athletic excellence in ways that respect the health of athletes and the integrity of sport competition" [62] (p. 11). Their formulation of the "spirit of sport" principle, however, still pivots around the concept of "excellence," which is problematic.…”