Yet despite the fact that sports are governed by a host ofrules, most of which are enforced by officials, it is rarely suggestedthat they are mere conveniences for players. For instance, in spite ofthe apparent rule that the ball should not be hit into the stands, playerscan be seen hitting balls into the stands anyway (Taylor, 2005). To dothis, they need not hit the ball right or aim at the stands. Rather, theyneed only have enough control over the ball to propel it where theywish. Similarly, it is rarely suggested that a sport is merely keptfair because its participants play by the rules. Rather, there is somany evidence that players have incentives to abide by the rules to makethe game fair.
This approach points out that a social contract is made up of threeelements: agreement, constraints, and enforcement. Indeed, whenparticipants are aware of their duties, they may voluntarilyagree to a common situation, with the implicit understanding that theywill fulfill their duties (Bryant, 2006). Such a pact is also understoodto give meaning to the common situation, as its existence isunderstood to provide legitimacy to specific rules and conventions.
However, these two approaches are not necessarily mutuallyexclusive. In many cases, the two approaches can coexist andcomplement one another, where the juristic approach is used to regulatethe enforcement of the implicit contract established by the contractualistapproach.
The contractualist approach holds that the legitimacy of sports institutionsare derived from an implicit pact between participants. Such a pact,which is often referred to as the ‘social contract’, is usuallyunderstood to include three main elements: (i) agreement, (ii)constraints, and (iii) enforcement.
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