Olympics: Morality and Rule-breaking

As I said in this NY Times article, “Shades Of Gray On Way To Podium” by Karen Crouse, this Olympics has several incidents that raise important and interesting moral questions. Most often when we think of the Olympics and unethical behavior, doping is the first thing comes to mind. But this year, we have several examples of a different sort of ethical breakdown: not clear cut cases of rule breaking, but ones of stretching the rules or taking advantage of vagueness in the interpretation or application of the rules.

As noted in the article, here are several examples: badminton and soccer teams trying to lose or draw to set up more favorable seeding in the next round of play; a cyclist allegedly crashing on purpose to get a race restart; a goal keeper in soccer holding the ball too long to burn out the clock and the opponent player counting out the time to get the referee to make the call on a rule not often enforced; and a swimmer who openly admitted to taking illegal extra kicks in his world-record, gold medal race.

In the article, I am quoted as saying “It is a kind of naïvete to think all medal winners are moral saints. We might have grown up thinking the athletes we were watching were all upstanding and abiding by the rules in every way. There’s so many eyeballs on the athletes now, we see things we didn’t see a long time ago.”

I then go on to say “that in some way, sport is probably cleaner today because there are so many more people watching.”

There is this sense that since we hear about these scandals so much more than we did in previous decades that the athletes today are less scrupulous and are so much more willing to flout and violate the rules in order to win. Many seem to harken back to a bygone era of the Olympics that were purer and where the athletes were more honorable. I don’t think such an era ever existed. We see more today because there are more officials, reporters, and spectators watching every match, every competition. And with 24hr news stations and the internet, we hear about every transgression in detail.  Back in the 40s and 50s, for example, this kind of stuff was not reported, maybe not even looked for, but that does not mean it was not going on. As the old saying goes: absence of evidence is not evidence of absence. More likely, as I say above, the fact that there are so many more people watching, the competitions are probably cleaner today than they ever were.

The author of the article and I had a good conversation about these incidents and what they mean for the ethics of sport. While most of it understandably didn’t make it into the article, it did spark for me several ideas on these issues.

One of the main points of the article was the idea that athletic excellence is not the same as moral excellence. I agree with that fully. Just because one is athletically excellent does not mean they are also morally excellent. That is the ideal, of course, for which to strive, but one does not necessarily follow from the other. Nevertheless, many of the same qualities and capacities that lead to athletic excellence are a part of moral excellence: self-discipline, goal-setting, the hard work of putting theory/principles into consistent action, attention to context, awareness of others, and so on. The practice of one set of excellences can help improve the other set of excellences.

There are two important points I want to make here that were not mentioned in the article. First, incentives matter. A lot! Second, moral sainthood should not  be the goal.

Incentives

Humans have free will. We are not determined to act by our environment, our genes, our culture, our god or gods. Though each individual makes his own choices, this fact does not mean that we are not influenced by or shaped in various ways by external forces. The incentives set up by the rules and structures of the institutions or practices in which we partake are one such influence. In sport, as in other domains, the rules create an incentive structure that encourages certain actions, while discouraging others.

Take for example, the badminton teams expelled from the Games. The structure of the tournament led to matches where at least some teams had nothing to gain, in terms of advancing towards the medal rounds, by winning such matches. Moreover, given the way the seeding for the next round was set up, such teams could actually worsen their chances by winning this match in the first round. This set up an incentive for the teams with reasonable chances at medaling to try and lose these matches to better their seeding—and that is exactly what happened. Though there is no specific rule they violated, they were expelled for so obviously flaunting the spirit of the Games.

Similarly, the rules of swimming set up incentives that unintentionally encouraged rule violations. South African swimmer Cameron van der Burgh admitted openly that he took extra and illegal kicks. But because the rules offer little in the way of enforcement, this practice of extra kicking is, according to van der Burgh and others, widespread. The swimmers are incentivized by the inconsistency in the enforcement of the rules to cheat (though of course not all swimmers do).

This is not to absolve the athletes in these cases of their moral failings. But these incentives that end up, unintentionally, leading to less than honorable actions are an important part of the story. The committees and associations that lay out the rules need to pay attention to how the rules are going to incentivize certain kinds of actions. They deserve as much moral approbation because they are the ones that have, intentionally or not, put the athletes in the profoundly immoral position of having to choose between winning and integrity.

Moral Sainthood vs. Moral Excellence

This leads me to another key take-away from these cases. We ought not to be creating rules and sporting structures that require the athletes to be moral saints. By a moral saint I mean one who goes far beyond what is and ought to be reasonably and morally expected and required. The moral saint is not the equivalent of the morally excellent individual. That is, each of us ought to be and has the power to be a morally excellent individual (within the limits of one’s abilities). Few of us can be moral saints—moreover, I am not sure any of us should be.

In the context of sporting rules, we need to find the balance between moral sainthood and rigorous legalism: we want athletes who can develop and exercise their moral capacities and judgment in sport (and life). Rigorous legalism is where we try to legislate for every possible situation and define as precisely as we can what one ought to do. But, if the rules are trying to cover every eventuality and circumstance, they cut off the individual’s need for moral capacities. Moreover, they lead athletes to think that they only need to follow the specific rules and do no more. It encourages the attitude that so long as one has followed the letter of the law, there is nothing more required of them. This does not leave room for the kind of noble actions taken by Dana Torres in the Beijing Olympics (she got all the swimmers in her race to step off the blocks until one of the competitors could get a new suit after a “wardrobe malfunction”). Rigorous legalism encourages athletes to find loopholes and gaps in the rules to gain unfair advantages.

On the other side, we don’t want rules that require the athletes, in order to play with honor and integrity, to sacrifice their goals and ambitions in the sport. These athletes train their entire lives for a chance at an Olympic medal. It strikes me as grossly unfair and immoral to then force them to choose between this life-long, worthy goal and their honor. Athletes should not have to be moral saints, but they should strive for moral as well as athletic excellence: that is, we need to work to create rules that make it so playing with honor and integrity is the best way to win, to achieve their goals, and to be excellent in the sport.

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Lack of Munich Memorial Undermines Olympic Spirit

One of the story-lines going into the London Olympics is the refusal of the International Olympic Committee(IOC) to include, in the Olympic Opening Ceremony, any kind of tribute to the 11 Israeli athletes and coaches murdered by Palestinian terrorists at the 1972 Munich Summer Olympic Games. Moreover, the IOC has refused for 40 years to include a memorial within the official ceremonies.

To be fair, IOC officials, including current IOC president Jacques Rogge, have participated in various tributes and memorials that have taken place in London and at previous Olympic sites. Many, including myself, do not think this is sufficient.

The reasons given for the refusal have focused on two claims. First, the IOC says it does not want to politicize the games. Second, the IOC says the Opening Ceremony “is an atmosphere that is not fit to remember such a tragic incident.”

On the surface, the first point seems valid. Who wants the games politicized? But, then, that ship has sailed, has it not? The games have long been political. The host countries and politicians use the games for political gamesmanship. This is not new; the Nazis used the games as political propaganda. The IOC itself has used the power of the games for political reasons. Apartheid South Africa was, rightly I think, banned from participating in the games until 1992.

But more to the point, it is simply not a political act to honor and remember Olympic athletes who were killed at the Olympics. As ADL’s Abraham Foxman says: “It is an act of common human decency, not politics, to take a moment to commemorate those who died as Olympic athletes.” The refusal to include in the opening ceremonies a memorial of the Munich Massacre is what seems to be politically motivated. The IOC seems more concerned about how Arab countries would respond to such an official recognition than honoring fallen Olympic athletes. Maybe the IOC fears a boycott by Arab or Muslim countries. Maybe they worry athletes from a country, like say Iran, would refuse to compete against Israeli athletes. (Oh wait! Iran already does this.)

Maybe the issue is just, as Rogge has said, that the Opening Ceremony is not the proper place for a memorial. That would be more convincing if the IOC hadn’t included memorials and tributes in previous opening ceremonies. As Foxman notes in his article, the Salt Lake City Games in 2002 had tributes to the victims of 9/11 and the 2010 Vancouver Games held a moment of silence for the Georgian luger who was killed while practicing prior to the games. It quickly becomes unclear what makes the inclusion of a memorial of the Munich Massacre so inappropriate.

The refusal to honor, in its biggest forum, these slain Israeli athletes and coaches is shameful and hypocritical. This is not about the Israeli-Arab conflict. This is not about giving sanction to either Israelis or Palestinians. It is about honoring athletes who came to participate in the Olympics and sought to embody the spirit and hope of the Olympic movement. What are the Olympics about if not peaceful, fair competition among the best athletes from all over the world? Like all athletes who compete at the Olympics, these were the goals of the Israeli athletes. They were savagely cut down by those who did not wish to seek peace, by those who did not believe in the values of fair play, mutual respect, and justice that underpin the Olympic movement. In shirking a tribute in the Opening Ceremony, the IOC undermines its own commitment to these values.

Foxman makes this point nicely:

The IOC’s failure to commemorate the Munich Massacre on this 40th anniversary would be hypocrisy and politicization enough just looking at these double-standard examples. But the hypocrisy is hugely magnified by virtue of the fact that the Munich terrorist event was by far the greatest assault ever on the Olympics themselves. The cold-blooded murder of Olympians at the hands of Palestinian terrorists completely undermined the competitive spirit of the Olympics, and one would think that the organizers, without prodding, would have long ago seen the need to commemorate this unique event, upholding the deep integrity of the games.

The terror attacks did not end the Munich games in 1972, and have not brought an end to the Olympic movement. Indeed, the Olympics are as strong as ever. Instead of cowardly avoiding a memorial, the IOC ought to embrace this as an opportunity to show how the Olympics have triumphed over hatred and violence.

Nizkor (We Will Remember):

The names of the Israeli athletes and coaches murdered in 1972 at the Munich Olympic Games:

  • David Mark Berger.
  • Ze’ev Friedman.
  • Yossef Gutfreund
  • Eliezer Halfin
  • Yossef Romano
  • Amitzur Shapira
  • Kehat Shorr
  • Mark Slavin
  • Andre Spitzer
  • Yakov Springer
  • Moshe Weinberg.

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The Evasion of Joe Paterno

There is a lot of commentary out there about Penn State and Joe Paterno. I don’t have much to add, but with today’s announcement that Penn State has taken down the Joe Paterno statue, I thought some comments were necessary.

Obviously, Sandusky can rot in whatever very special level of hell is reserved for him. I do not think there is any controversy about that. Moreover, that part of the story is not about sports, so, qua Sports Ethicist, there is nothing more to say.

There is enough evidence now to show that leading Penn State authorities acted improperly and immorally (if not illegally in some cases). Many are calling for the so-called Death Penalty (where the NCAA shuts down the program completely for at least a year if not more). Others, Yahoo Sports, say that the NCAA is more likely to cut scholarships and bowl eligibility. Both punishments end up hurting a lot of innocent people (current students and athletes, supporting businesses) who had nothing to do with the abuse or the cover up. Nevertheless, the problems at Penn State, according to the Freeh report, are deep and led to tragic consequences. The Death Penalty seems overly harsh to me, especially since all the principals are dead, out of a job, or facing criminal charges. I guess we will see a multi-year loss of bowl eligibility and severe cuts to athletic scholarships.

Not surprisingly, former Head Coach Joe Paterno has been the focus of a lot of the commentaries and arguments about Penn State. To steal a phrase from another time, “What did he know and when did he know it?”

The Freeh report concludes that Paterno knew all about the investigations and abuse and knew it early on. If these conclusions are warranted, then Paterno ought to be morally condemned in the strongest possible way. If he knew what Sandusky was up to and either did nothing or worse acted positively to cover it up, he is nearly as evil as Sandusky. However, the evidence cited by the Freeh report (mainly emails between AD Curley and VP Schultz) does not conclusively show that Paterno knew anything or say what he knew. The evidence is consistent with other hypotheses of how things went down: for example, Curley and Schultz could have been working to keep Paterno out of the loop. (To be clear: I am not saying that this is the case one way or the other, only that, regarding Paterno, the evidence in the report does not conclusively support the stated conclusions of the report. Other criticisms of the Freeh Report)

Nevertheless, Paterno is not off the hook by any stretch. At best, this happened on his watch and under his nose. But more than that, even if not privy to what Curley and Schultz knew, he chose not to look. He closed his eyes and let others handle it.

Illustrative is the following quote:

“… his basic vice, the source of all his evils, is that nameless act which all of you practice, but struggle never to admit: the act of blanking out, the willful suspension of one’s consciousness, the refusal to think—not blindness, but the refusal to see; not ignorance, but the refusal to know. It is the act of unfocusing your mind and inducing an inner fog to escape the responsibility of judgment…” (Rand, Atlas Shrugged).

Rand’s description of the moral vice of evasion seems to fit Paterno’s response perfectly. What I’ve seen of his grand jury testimony and public comments indicate to me that he didn’t want to know about any of this, he didn’t want to deal with any of it. After McQueary’s report, Paterno passed the information on to others, hoping they would take care of it. Paterno seemingly closed his mind, hoping that it would all go away and he wouldn’t have to deal with it. He was in a position to know and in a position to know that there was something to know (and then certainly in a position to do something about it). Paterno’s willful blindness and blanking out, where he could have reasonably discovered the truth and acted on it, made possible the evil that Sandusky did. For that, Paterno is morally blameworthy. For that, it is right that the statute come down. For that, it is right that Paterno’s legacy will forever be damaged and marked by the abuse he could have and should have prevented.

Update 7/23/12:

The NCAA announced its sanctions of Penn State this morning. Penn State was handed a $60 million fine, a four-year football postseason ban, a five-year probation period, a stiff reduction of scholarships, and the vacation of all wins (112 including bowl wins and championships) from 1998 through 2011.(ESPN story) These are severe penalties. I was surprised by the win vacation and the size of the fine, though it all seems about right to me. The punishment seems to balance the need for punitive measures while taking into account the current players and students. They will get to play regular season football and students will get to see games. Ancillary businesses will not be as badly harmed as under total suspension. Players will also be able to transfer without loss of eligibility (though it is most likely too late for this fall). It sends a strong and loud signal that institutions need to be more responsible. In terms of the future of Penn State football, this is probably much worse than the Death Penalty for one or even two years. I doubt Penn State will ever recover as a major national football program. Maybe that is as it should be.

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The Fastest Man on No Legs

The 2012 Summer Olympics start July 27. Like most sports fans, I always get excited about the Olympics: the pageantry, the athleticism, and the glory of achievement. But this year, there is something else that will be amazing to see. The Fastest Man on No Legs will be racing in London.

Oscar PistoriusThis is the nickname of South African sprinter, Oscar Pistorius. Pistorius had both his legs amputated as a baby because of a birth defect that left him with no fibula bones. Instead of legs like the rest of the Olympic field, Pistorius will be running on prosthetic devices called “Cheetahs.”

I am just fascinated by this story. It raises so many interesting issues!

There is the obvious ethical and legal question: should an athlete that requires a technical device to compete be allowed to compete against athletes that do not?

But it suggests several other philosophic issues as well:

  • Is Pistorius actually running? That is, does the movement that he engages in count as a kind of running or is it something else?
  • What is and ought to be our relationship to technology? Does it enhance our humanity or undermine it? Is Pistorius less human by needing technology to compete or is this a deeper expression of his humanity?
  • What is the nature of an advantage and when is it to be counted as being an unfair advantage?

These are not questions with easy or uncontroversial answers. They also bear on other ethical issues; for example, the issue of unfair advantage is relevant for the arguments regarding PEDs—and also for political and economic arguments more generally (how should we deal with unfair advantages in the market?).

A quick search on Google or an academic database will turn up many articles tackling aspects of these issues. I am not going to get into them here in this post. I just want to highlight the issues raised by the Pistorius case. But more than that, I want to call attention to the fact that Pistorius will be in London for the Olympics.

It is such a great story. Pistorius has overcome challenges and obstacles with which no other Olympiad as ever had to deal. There is the obvious challenge of not having legs and running on prosthetics. The challenge of using prosthetics just to walk is probably hard enough for most people, let alone running, let alone running at times that qualify for the Olympics!

But Oscar also had to fight a legal battle just to get the opportunity to compete in London. Initially banned from competing in the Beijing Olympics by the IAAF (International Association of Athletics Federations), Pistorius fought a legal battle to overturn the ruling. Oscar won the battle for Beijing, but was not able to qualify for the 2008 Olympics. On July 4, South African Sports Confederation and Olympic Committee (SASCOC) announced that Pistorius would be included in its Olympic squad. He will run in 4×400 meter relay and the Men’s 400-meter.

Pistorius is to be admired and lauded for his ability and perseverance. He is a role model not just for disabled-athletes and individuals, but everyone. Through hard work, discipline, and training, he has made his dream come true. He has not let ignorance or prejudice stand in his way. He has not let his lack of legs keep him from pursuing his dreams or living the life he chooses.

For these reasons alone, I will be rooting hard to see Pistorius upon his blades standing proud on the medal podium.

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Welcome to The Sports Ethicist

Whether one is a participant, a casual spectator, a die-hard fan, or a critic, sport, in all its varieties and forms, play a significant role in the lives of most people through out the world. Sports and competitions have long been a part of human civilization and raise a wide range of important philosophical and ethical issues. This blog will examine these issues and explore both the ethical implications of sport and the ways sport can teach us about ethics and human life.

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