Slusher, Howard S.

English

Duke Law Scholarship Repository

SPORT: A PHILOSOPHICAL PERSPECTIVEHowAuR S. SLusimR*There are two great national institutions which simply cannot tolerate either in-ternal dissention or external interference: Our Armed Forces and our . . . sportsprograms. Both are, of necessity, benevolent dictatorships ....-Dr. Max Rafferty,Former State of CaliforniaSuperintendent of Public InstructionSport, as an institution, is often sentimentalized through nostalgia for the lostHellenic ideal of youthful perfection, or is assumed to have the posture of a Vic-torian cult, wherein one attributes the noble qualities of sportsmanship and char-acter-building to this all-too-romanticized medium of American life. On the otherhand, certain modern "exposes" by athlete-scribes such as Bouton, Meggyesy, andScott' may lead one to believe sport is nothing more than an arena for masochisticself-indulgence.For the average performer, sport is probably a little of both. Few writers havedealt directly with the issues that affect the central core of an athlete's experiences.For example, few have asked whether or how sport contributes to the developmentof a self-image. Few have realistically inquired if athletes tend to become alienatedfrom their own societal normative structure due to apparent inconsistencies invalues associated with sport as a sub-culture. And few scholars have asked if theexpectations of the performer and the coach are internally consistent, and, con-comitantly, whether such expectations result in what could be described as "personalfulfillment."TiH FUNCTION oF RULESIt would appear that the rules which govern certain sports, such as surfing,are like those governing classical ballet-they grow out of the function of the humanbody in relation to the task, rather than out of a need to create and regulate a con-test. When one is concerned about that contest attracting spectators, rules assumea much different function and are likely to be, in Sartarian language, "removedfrom the person." The rules not only must create and regulate a given contest, butthey must do so in a manner that makes it "appealing" to the intended audience.In some sports, the rules have predictably developed to reflect values of thosewho will be spectators, and subordination of the athlete's self-expression becomes*Associate Professor, Department of Physical Education, University of Southern California; Member,Kalmbach, DeMarco, Knapp & Chillingworth, Los Angeles. The author is indebted to Ms. Marjorie R.Reese for her technical assistance in the preparation of this manuscript.'See J. BOITrON, BALL Foui. (1970); D. MEGGyS, OTr oF THEIR LEAGUE (1970); J. SCOTT, THEAThLETIC REVOLUTION (197).130 " LAw AN) CONTEMPORARY PROBLEMSincreasingly apparent in the rule-making process. Edgar Friedenberg, the notedsociologist, has pointed to basketball, often referred to as the "native American sport,"as an example of an abstract parody of American middle-class life 2 He has pos-tulated that basketball reveals the quality of America as an adolescent nation.Through its temperament and its vividness, it mirrors the "Pepsi generation." Fried-enberg has asked "How else can one dramatize so effectively our legalism [emphasisadded]-the intricate web of regulations, among which we live, and upon whichwe climb?" Who but contemporary Americans could have designed a sport inwhich status changes so quickly that no lead can be considered commanding untilthe last few seconds of play, and in which the officials run back and forth likeagitated ferrets looking for breaches of regulations? Furthermore, Friedenbergpoints out that basketball rules, in fact, affect the game quite differently from theway in which rules operate in most other sports. In football, for example, the actionsdefined as "illegal" generally either disrupt the game, as in the case of off-side orholding penalties, or are dangerous to the players, as with clipping or unnecessaryroughness penalties, and the sanctions imposed are genuinely intended to dis-courage illegal play. However, the basketball player, or certainly the coach, respondsto the rules of his game as a business executive does to the Internal Revenue Code.He wins, not by obeying them, but by conveniently balancing the penalties riskedby each violation against a strategic advantage which might be gained. In basket-ball, a deliberate foul might be committed so as to interrupt a scoring drive by theteam in possession, thus giving that team a chance to lead by only one point insteadof two and enabling the offending team to gain possession of the ball on more favor-able terms. It is interesting to note that the rules which governed the NationalBasketball Association in its 1971-72 season were disrupted by the practice of "giv-ing" a foul. Youth throughout the nation were constantly reminded that it wasacceptable to foul, providing it was to your advantagel The question became notone of "doing a wrong," but rather one of "balancing hardships." Finally, thewizards of basketball regulations recognized that the game was no longer palatable,and in the 1972 Regulations provision was made for a mechanism by which thispractice was, hopefully, to be eliminated. Of course, in no way were the rules alteredbecause of "fairness," but rather because of spectator boredom. And sport was againmade to conform to the dictates of economic advantage.IIINSTITUTIONAL CONTROL OF ATHLETICSIt must be noted that aggression and exuberance are necessary for success insport. Yet, it is precisely this vitality that social institutions, such as the schools,are designed to control, if not stifle. Traditionally, schools have been the very in-stitutions in which exuberance has been regarded as a threat to good order and good2 See H. SLUSHER, MAN, SPORT AND EXISTENCE viii-ix (1967).A PHILOSOPHICAL PERSPECTIVE 131judgment. Athletic activity channeled into organized sport is understandablydominated by the very authorities who dominate the disciplinary actions of theschools. Thus, it is not surprising that sport is administered in such a way as todeprive the individual participant of a sense of himself as an aggressor. It is notunusual that the behavior of many high school athletic coaches, reflecting the rigidityand straightness of the general educational pattern, is not merely repressive, butcounter-productive.Traditionally, it is the gym teacher who becomes the school disciplinarian. Itis he who assumes the role of father. It is he who is often appointed "Dean ofMen," the euphemistic tide for school bouncer and enforcer. It is he who snarlsat the aggressive youngster and who puts down the trouble-makers. It is he, amongthe teachers, who shows the most hostility to boys with long hair, mod dress, andbeads. It is he who will do anything to make certain the school is run in an"orderly" manner. Furthermore, the deanship is often a stepping-stone to thecoveted principalship. In surprising numbers, these men bring to school admin-istration the spirit of the informal Napoleonic Martinet. They are superficiallyjolly on the outside, but intolerant of spirit in young people, especially in athletics.Generally speaking, sport, as a social institution, is hostile to the very values ofspirit and self-determination it stresses.It is not surprising that the men who administer sport look to the Greek ideal, aspersonified by the Olympic Games, as the highest achievement of man. Greeksculpture, Greek games, and Greek sports were dedicated to the glorification of thebody. In addition, Greek life was so man-centered that religion was anthropo-morphic.3 Furthermore, the games were elitist, rather than democratic. Only the"best" performed. This great tradition of attempting to bifurcate human existencewas extended by the coming of Christianity. The body becomes stigmatized, andis held almost to be sin, in and of itself. Perhaps, it is not simply symbolic thatthe body is to be mortified. The soul is deemed significant, while the body is buta base of support.In our present day, we see the student as almost schizoid in his relationship be-tween body and soul. He goes through an educational experience which stressesacademic and non-academic subjects. He is told of curricular and "extra-curricular"activities (not co-curricular). Most importantly, he is reminded that the "mind-related" subjects are superior to the "body activities."IIITim REASON FOR SPORTMost of those involved in the institutionalization of sport have never really in-quired into what it is that motivates the performer to make the sacrifices relatedto sports participation. Even among the few who have pursued this basic inquiry,3 See Batt, They Shoot Horses Don't They?: An Essay on the Scotoma of One-Eyed Kings, 15U.C.L.A.L. REv. 510, 533 (i968).132 LAw AND CONTEMPORARY PROBLEMSthe answer often suggested is that sports participation is a response to an otherwiseunfulfilled human need for activity and outlet that is so basic to human existence thatnot even language can bring it to the surface. Most cultures have become aware ofthese needs in the form of dance. However, individual activity in sport might wellbe communicating a truly profound message which is often overlooked by even themost sensitive of the coaching fraternity.What is being communicated by the "noises" of sport? The phenomena in-digenous to most sport forms typically yield, as a consequence of self-discovery,anger and estrangement. Much has been written about the cruelty and the loneli-ness of certain sport forms; however, it is interesting to note that formal researchefforts in this area have not been abundant, and at this point, little can be pos-tulated as to the reasons that make the athlete extend beyond "the social forces"which lead him to the contest.The performer who places a high premium on individual self-discovery willprobably shy away from regulatory controls. Thus, the questions of authenticityand independence are not inherently tied down by social norms in many performers.Yet, they do become compromises with the social order, an approach which isprobably not a viable solution to the ultimate problems faced by the performer.In a word, life for the participant becomes bearable because that is "the nameof the game." And resultingly man plays, but without much meaning. For somany, it just does not make a real difference.It has been the writer's observation that the sobriety of many athletes leads todecisions which weigh heavily on the performer's mind. He feels the emotionsof shame and anxiety stemming from guilt. His guilt is real-he knows the sporthe chose is constantly in the process of valuing contrivances; yet, he cannot, really,accept anarchy; nor can he, really, accept any true radical approach He is toomuch a product of the most routinized of all sub-structures. How many per-formers can truly respond in a manner described by this fifteen-year old athlete?Well, I think there is no feeling quite like running down the track, or some-thing, and winning. Or, going out on the football field and suddenly deciding youlike this, and you do it and you feel kind of crazy. Like I was in a game last year,and we lost by a very bad score, but in the midst of it, I was, seemed to be, havinga fairly good day. And, I just felt light-headed, and I just didn't play-I played forthe heck of it, for the fun of it, because I just wanted to .... And I'd go backto the huddle and I'd be dying laughing, and they'd think I was crazy, but I enjoyedit and it was just, I couldn't stop it, and, I mean, after the game was over I feltterrible because we lost so bad. But during the game it was just this feeling ofexuberance; I was having fun and nothing much could do anything about it, youknow? ... But after the game I was not so happy, because we lost so badly. Andthat's the thing, when you're not realizing it, you're not really trying to think aboutit; you just know you are enjoying what you are doing right now. I just enjoyedit. And I don't see how, I mean we were getting schmeared all over the field.See Brown, Jeepers! Peepers Is In Charge Now, SPORTS ILLUSRATED, Oct. 23, 1972, at 40.A PHILOSOPHICAL PERSPECTIVE 133In a sense, it is unusual to attach a priority to this form of emotion, wherein theformalization of the sport, rather naively, is attempted to be overcome. Yet, whenthe player is confronted with himself, he will likely find that it is this emotion,or at least a search for this emotion, which provided the motivation for his par-ticipation. This thought was recently captured by Will Hetzel, a most successfulbasketball player at the University of Maryland, when he said[P]layground games are so much more fun than college games. The people on theplayground are playing primarily for the enjoyment of the physical activity, andthat's what athletics should be all about .... Athletics can be such a beautifulthing, it's a shame to have to keep score.IVA RIGHr To EXPRESSION IN SPORTSIn Thomas Emerson's Toward a General Theory of the First Amendment, thescholar notes that:The essence of a system of freedom of expression lies in the distinction betweenexpression and action. The whole theory rests upon the general proposition thatexpression must be free and unrestrained.It would seem unlikely that school administrators have read Emerson's words.Athletes continue to be dismissed from school teams because of length of hair,personal appearance, and other forms of expression that would be difficult to cat-egorize as "harmful" to others. However, what is unusual is that the courts haveoften upheld the school authorities without even the briefest mention of analogousdecisions.6 They have failed to view sport as a mode of expression in itself or, inthe alternative, to protect forms of expression associated with the sporting contest.Similarly, while it would appear that the coach has no right to interfere with thestudent's personal and social life, the courts have often avoided disrupting theestablished system by indicating that individual schools and athletic boards can makedecisions that are within "their province.'"It is likely that we will see an increased participation in sport forms which affordindividuals the opportunity to test their own limits and explore individualized pathsof personal fulfillment-in a word, to express themselves absent external dictatorialpractices. One can hope that the courts will be a positive force in this direction.The application of the first amendment and procedural and substantive due processtheories may go a long way in facilitating a mechanism wherein trust will becomeas important as sacrifice and sportsmanship. However, for this to occur, it is neces-sary that athletes come to know one another and their coaches in a manner whichdoes not reflect a feeling of in loco parentis with its concomitant disciplinary ramifica-tions. Rather, the relationship must be characterized by a student-teacher relation-, J. Scorr, supra note i, at 67.' See, e.g., Tinker v. Des Moines Independent Community School Dist., 393 U.S. 503 (1969).7See, e.g., Robinson v. Illinois High School Ass'n, 45 Ill. App. 2d 277, I95 N.E.2d 38 (963); Stateex rel. Ging v. Board of Educ., 213 Minn. 550, 7 N.W.2d 544 (1942).134 LAW AND CONTEMPORARY PROBLEmSship-where both can grow as they become aware of each other's needs. One canonly hope that a theory of "expression" as developed by the courts will extend tothe field and to the gymnasium.Trust brings upon personal liberation. Since trust is probably facilitated insolitary activities, it is possible to think that society will increasingly turn to sportmodes that provide liberation rather than restriction. Accordingly, there may bean increasing awareness that one has the right to satisfy one's emotional needs andprivate expressions within the sports mode, and this right may well be one of thechief reservoirs for educational development in the next decade.This prognosis might appear unusual to some. Sport has always been sym-bolized by group values-team work, promise, sacrifice, and cooperation. Thesehave been its trademarks. Yet, the awareness of some blacks, as demonstrated bythe Olympic boycotts and similar situations, in realizing that sport has simply"used" their abilities is nothing more than an expression of distrust. Specifically,the claim is that their skills and talents were exploited, and the wholeness of theirbeing as men was not recognized. It is understandable that blacks have turnedtheir proficiencies into weapons. Today, while the need is still present, the overtacts must be expressed, not only by blacks, but by men of all colors. It is thisexpression that, theoretically, is guaranteed by the Constitution. Yet, when onelooks for specific cases on point, there is not only an absence of agreement, but nota single case which characterizes this basic element of expression in sport.History may well reveal that one of the most important functions of modernday sport is to surface the anger reaction in an evolutionary activity. The athlete,in his search for dignity and responsibility, recognizes that sport provides a solitaryenvironment through which his needs can be actualized. Thus, as the athleterediscovers and redefines the "group" experience, which is so much a part of sport,he will be faced with the problem of rediscovering and redefining the self. And,this is what "it" is all about.CONCLUSIONThe institution of sport has not been naive to the decision-making process.But the literature has constantly spoken in terms of decisions made during per-formance and, thereby, avoided the fundamental issue of initial choice within thesocial setting. It can be hoped that the courts, when presented with the oppor-tunity, will see the balance in decision-making responsibility swing from the in-stitutions removed from the individual, to the individual-as dictated by the firstand fourteenth amendments. In language of the day, sport will be less a mediafor behavioral control and will become more a mechanism for dialogue. The at-tempt will be to articulate and to cope with the tensions which are set up bymen as they seek to work their way toward an increasing form of liberation oftheir own capacities. It is toward this objective that the real opportunity to freelyexpress one's self with one's body might well be considered.

Sport: A Philosophical Perspective

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Sport: A Philosophical Perspective

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