Marquette Sports Law Review Volume 11 Article 8 Issue 1 Fall Citius, Altius, Fortius? A Study of Criminal Violence in Sports Jack Anderson Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Jack Anderson, Citius, Altius, Fortius? A Study of Criminal Violence in Sports, 11 Marq. Sports L. Rev. 87 (2000) Available at: http://scholarship.law.marquette.edu/sportslaw/vol11/iss1/8 This International Perspective is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact
[email protected]. INTERNATIONAL SPORTS LAW PERSPECTIVE CITIUS, ALTIUS, FORTIUS? A STUDY OF CRIMINAL VIOLENCE IN SPORT JACK ANDERSON* "Nothing should be punished by the law that does not lie beyond the limits of toleration." -Devlin, The Enforcement of Morals I. INTRODUCTION This article intends to examine what role, if any, the criminal law should have in regulating and sanctioning violent behaviour "beyond the touchline."' The principal focus will be on the crime of assault. Gener- ally, that which is done by consent is no assault at all, though this is not a license to inflict serious harm. However, what role does consent play in modem contact sports where physical aggression of a kind that would otherwise be deemed illegal, is permitted? In short, contact sports, or what were once called "manly diversions," have long received an exemp- tion from the lower thresholds of consent. Accordingly, this article will address three broad issues; the origins of this "sporting" exemption, its justification under criminal legal theory and its actual application.