Sporting Violence - Essay Example

Major league baseball considers the commissioner to be the final arbiter of disputes between the clubs and the league and also gives it the authority to impose punishments, much like the NBA and the NHL. (Major League Agreement Art I. (1988) These powers are the result of the uniform player contract and the collective bargaining agreement, that establishes the disciplinary authority of both the team and the commissioner. (CBA of NBA, art 23; exhibit “standard club rules”) The role of the state and police, along with the courts in restricting sporting violence can be of a limited nature, and the last recourse.

This position is taken, based on the fact that rough play is a part of the game, and the competitive edge coupled with the rush of adrenaline may make players indulge in violent acts. The judges, who are called upon to arbitrate are familiar with the mentality of a sportsperson, and they may not be aware of the unspoken rules of conduct, which are a part of all sports. The role of law as arbiter, comes into focus because when a player steps over the line, if his action is not castigated by the games governing authority because “where there are obvious infractions of the criminal law, the authorities are duty-bound to take whatever action is necessary to prevent a repetition of such conduct.

” (R v. Henderson [1976] The court in Hackbart v.Cincinnati Bengel Inc.( Hackbart v Cincinnati Bengal Inc. 601 F2d 516 (19th Cic 1979) said ‘courts are ill-suited to decide different social questions and to determine what is an acceptable level of conduct on what is much like a ‘battlefield.” and so just as there are a separate set of laws for the army it is not unreasonable to put sportspersons and sporting violence under the purview of their disciplinary bodies, and minimize the role of police and law in dealing with them.

ReferencesMajor League Agreement art. I. (1988) See UPC of NBA, cl. 4 (club rules), cl. 5 (player contracts), cl. 15 (league power to fine) Supra note 5 at 251. Supra note 25 at 128.R v. Henderson [1976] 5 W.W.R. 127. Hackbart v Cincinnati Bengal Inc. 601 F2d 516 (19th Cic 1979)Hockey Violence and the Lawhttp://www.zvulony.com/hockey_violence.html