Governing the Society of Competition

Cycling, Doping and the Law
Erscheinungsjahr 2022
ISBN: 978-1-5099-4468-2
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 248 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 357 g

This book considers the manner in which the making and implementation of law and governance is changing in the global context. It explores this through a study of the deployment of the global anti-doping apparatus including the World Anti-Doping Code and its institutions with specific reference to professional cycling, a sport that has been at the forefront of some of the most famous doping cases and controversies in recent years. Critically, it argues that the changes to law and governance are not restricted to sport and anti-doping, but are actually inherent in broader processes associated with neoliberalism and social and behavioural surveillance and affect all aspects of society and its political institutions.

The author engages with concepts and arguments in contemporary social theory, including: Dardot and Laval on neoliberalism; Agamben on sovereignty; Hardt and Negri on globalisation; and others including Foucault, Deleuze and Guattari, and Louis Dumont. The work seeks to answer a question posed by both Foucault and Agamben; that is, given the growing primacy of the arts of government, what is the juridical form and theory of sovereignty that is able to sustain and found this primacy? It is argued that this question can be understood by reference to the shift from a social or public contract that was understood to be the foundation of society, to a society that is constituted by consent, private agreement and contract.

In addition, the book examines the juridical concepts of the rule of law and sovereignty. Commencing with the Festina scandal of 1998, the Spanish case of Operación Puerto and concluding with the fall from grace of the American cyclist Lance Armstrong in 2012, the principal processes examined include:

- The increasing crossing of the borders between different legal regimes (whether supranational or simply particularised) and with it the erosion of what we knew as state sovereignty and constitutionalism;

- The increasing use of judgment achieved through the media and how this arrives at new configurations of moral panic and scapegoating;

- The creation of a need for rapid outcomes at the expense of the modernist value or version of the rule of law;

- The increasing use of new and alternative methods of guilt, proof and ultra-legal detection.

Autoren/Hrsg.

Hardie, Martin

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Wirtschaftsverwaltungsrecht / Öffentliches Wirtschaftsrecht Sport- und Veranstaltungsrecht
• Sozialwissenschaften Sport | Tourismus | Freizeit Sport Sport- und Veranstaltungsrecht
• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

Prologue: Before and after Festina

The Festina Tour

An Incomplete History of the Origins of Cycle Sport

The Convicts of the Route

A Few Brief Words about the Role of the Grand Tours

An Aside on Bike Booms - Now and Then

1. Introduction

The Armstrong Era - Cycling in the Age of Empire

A Note on Terminology

The New Way of the World
The Law-governance Continuum

The End of Modernity?

Chapter Summary
2. Operación Puerto - It's not about the Blood

Operación Puerto

Puertas Abiertas

Fuentes, Pantani and Chaba

'We Don't Want to Know'

Spectacle, Exception and Functionality

Law, Beyond a Boundary

Valverde 1

An Italian Passage

Valverde 2

Valverde 3

The Puerto Trial

3. Form(s) of Law

Forms of Law - Whereabouts are We
Weber and Formal Law

Dicey and the Law of Constitution
Dicey's Critique of Administrative Law

Law's Deformalisation and the Need for Speed

Private Governance and the Growth of Arbitrative Demand

The Police

4. A Global Apparatus of Control

Anti-Doping Law and Global Governance

Anti-Doping Offences

Whereabouts Surveillance

Panopticism? and the Internalisation of Control

The Panopticon as Paradigm

Beyond Panopticism

Biopolitical Passports

Trust the Science

The Great Observer

5. The Society of Competition

Another Rule of Law (Is Possible)?

The Third Way!

The Rules of the Game

Competition as Government
'They are Learning'

Sport as Governance and the Problematisation of the Individual Doper

The Complementary Nature of Free Competition and Anti-Doping Regulation

The Smear of Jouissance

The Pleasure/Performance Apparatus

The Athlete - An Expert of the Society of Competition

Excursus: Competition, Jouissance and the Non-language of Sport

6. Conclusion

Functionality - Exception - Spectacle

Cycling in the Age of Empire

The Athlete as a Paradigm of Life within Empire

The Sovereign, the Kingdom and the Glory of the Wolf

Epilogue

A is for Armstrong

Lance 1.0

Lance 2.0

Lance 3.0

Floyd

Novitsky and USADA

Lance 4.0

Über Autor(innen)

Hardie, Martin
Martin Hardie is the Fransisco Xavier do Amaral Visiting Professor at the University of Dili, Timor-Leste.

Martin Hardie is the Francisco Xavier do Amaral Visiting Professor at the Univertsity of Dili, Timor-Leste.