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Juridical and ethical peculiarities in doping policy
Mike J McNamee1, Lauri Tarasti
1Swansea University, University of Wales, Swansea, Singleton Park, Swansea SA2 8PP, UK. m.j.mcnamee@swansea.ac.uk
Journal of Medical Ethics
|March 10, 2010
Summary
Antidoping legislation faces ethical criticism regarding fairness and athlete privacy. This analysis examines legal peculiarities and ethical issues in sports, highlighting ongoing tensions.
Area of Science:
- Sports Ethics
- Medical Ethics
- Sports Medicine
Background:
- Antidoping legislation is frequently criticized on ethical grounds within sports ethics and medical ethics literature.
- Critics highlight inconsistencies in the application of antidoping laws and ethical issues within the World Anti-Doping Code.
Purpose of the Study:
- To explore the ethical justification of antidoping legislation.
- To analyze the legal peculiarities and ethically salient features of antidoping laws.
Main Methods:
- Critical review of literature on medical ethics, sports ethics, and sports medicine.
- Examination of ethical and legal principles related to culpability, liability, guilt, and athlete privacy.
- Analysis of antidoping practice and policy, including the World Anti-Doping Code.
Main Results:
- Identified inconsistencies in the ethical principles underpinning antidoping legislation.
- Explored issues of culpability, liability, and guilt in the context of antidoping enforcement.
- Highlighted concerns regarding potential duplication of punishments and limitations on athlete privacy.
Conclusions:
- Tensions persist between the legal and ethical principles governing antidoping.
- Further critical attention is required to address these ethical and legal discrepancies in sports.
- The ethical justification of antidoping legislation remains a subject of ongoing debate.
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