Faster, Higher, Stronger, Upgraded: A Conceptual Basis for the Future Regulation of Elite Sport

(2019) 38(1) University of Queensland Law Journal 163.

20 Pages Posted: 16 Mar 2021

See all articles by Daniel Goldsworthy

Daniel Goldsworthy

Deakin Law School; Melbourne Law School

Date Written: 2019

Abstract

Humanity now possesses the capacity and technology to pursue radical human enhancement, presenting fundamental challenges for the regulation of elite sport. In order to regulate not only performance enhancement, but also human enhancement, the World Anti-Doping Agency must articulate the legitimate public interest of elite sport so as to justify its regulatory mandate to prescribe strict-liability offences. This article argues that the necessary public interest in elite sport is the pursuit of human excellence, passively pursued through the concept of spectatorship. On this basis, a two-limb test is offered to reorient and guide the regulation of enhanced athletes. This conceptual rationale and subsequent test provide clarity where advances in technology increasingly blur the distinction between performance enhancement and human enhancement.

Keywords: World Anti-Doping Agency, WADA, performance enhancement, human enhancement, public interest, elite sport, regulation, legitimate public interest

Suggested Citation

Goldsworthy, Daniel, Faster, Higher, Stronger, Upgraded: A Conceptual Basis for the Future Regulation of Elite Sport (2019). (2019) 38(1) University of Queensland Law Journal 163., Available at SSRN: https://ssrn.com/abstract=3774720

Daniel Goldsworthy (Contact Author)

Deakin Law School ( email )

75 Pigdons Road
Victoria, Victoria 3216
Australia

Melbourne Law School ( email )

185 Pelham Street
Carlton, Victoria 3053
Australia

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