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Restoring Integrity to America’s Pastime: Moving Towards a More Normative Approach to Cheating in Baseball

14 Texas Review of Entertainment and Sports Law, 2012

46 Pages Posted: 29 Dec 2012 Last revised: 17 Jan 2013

Garrett Broshuis

Saint Louis University - School of Law

Date Written: December 28, 2012

Abstract

After being tarnished by steroid scandals, professional baseball has taken extensive steps to curb cheating that involves steroid use and similar drugs. Despite taking these steps, more traditional types of cheating remain rampant in baseball. Such traditional cheating involves altering bats and baseballs, and players have exhibited these behaviors throughout the history of the game. Baseball’s formal rules prohibit these behaviors, yet baseball does not enforce the prohibitions. Thus, a culture of deceit plagues the game.

By applying the legal philosophy of Dworkin and Fuller to this problem, it becomes apparent that this approach is unacceptable. Not only does baseball’s current duplicitous approach to cheating undermine its response to steroids, but it also ignores the game’s purpose while simultaneously ripping integrity from the game. Thus, baseball should adopt a more normative and harmonious approach to cheating that merges the game’s purpose with its rules, a step that would return integrity to America’s pastime.

Keywords: cheating, philosophy, Dworkin, Fuller, normative, integrity

Suggested Citation

Broshuis, Garrett, Restoring Integrity to America’s Pastime: Moving Towards a More Normative Approach to Cheating in Baseball (December 28, 2012). 14 Texas Review of Entertainment and Sports Law, 2012. Available at SSRN: https://ssrn.com/abstract=2194553 or http://dx.doi.org/10.2139/ssrn.2194553

Garrett Broshuis (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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