ABSTRACT

This chapter is about how jurisprudential thought illuminates the problems around strategic fouling. What is noticeable here is that we are not just applying legal categories from the outside in order to understand the phenomenon, but that theorists in the philosophy of sport frequently adopt said categories themselves; legal categories are central to their theorising. The following is a discussion of the notions of efficient breach, compensation, rights and options, prices and sanctions, restitution, and justifications and excuses – as they relate to the strategic foul.