LJU4801
PORTFOLIO Semester 2 2024
Unique #:
Due Date: 30 October 2024
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, QUESTION 1
In this scenario, several key legal philosophical approaches can be applied to
analyze the ethical and legal implications of Mark Pachio's deliberate handball
during the quarter-final match between Shibobo FC and Maluti FC. By examining
these approaches—natural law, legal positivism, utilitarianism, and virtue ethics—
we can understand the differing perspectives on whether Pachio’s actions
constitute fair play or a breach of sporting integrity. Each of these approaches
offers unique insights into concepts like fairness, intentionality, and the purpose of
rules in sports. This analysis concludes by arguing for the most appropriate
approach in assessing the fairness and ethical implications of Pachio's actions.
1. Natural Law Approach
The natural law perspective emphasizes that laws and rules should align with
moral principles derived from nature or universal reason, thus prioritizing fairness
and integrity. According to natural law theorists like Thomas Aquinas, law is
inherently tied to moral values, and actions that undermine fairness contradict this
natural moral order. In sports, the concept of fair play is foundational; it reflects an
expectation of honesty, respect, and adherence to the spirit of the game. Pachio's
handball, from this perspective, can be seen as morally wrong because it violated
the natural sense of fairness expected in competitive sports.1
Natural law would view Pachio’s handball as an act that compromises the game’s
moral and ethical framework. While Shibobo FC might argue the act was
strategic, natural law would contend that it is morally unacceptable to deliberately
break the rules to gain an advantage, as this disrespects the natural principles of
equality and fairness essential in sports.2 Here, the natural law approach implies
that adherence to the rules is not merely a technical requirement but a moral
obligation to maintain the integrity of the game.
2. Legal Positivism Approach
1
Jeremy Bentham, An Introduction to the Principles of Morals and Legislation, PG 45 -62
2
Thomas Aquinas, Summa Theologica, (Benziger Bros., 1947).
Varsity Cube 2024 +27 81 278 3372
, Legal positivism, which emphasizes the importance of established rules
regardless of moral considerations, would assess Pachio’s handball based solely
on the written rules of football. Legal positivists like H.L.A. Hart argue that law and
morality are separate and that rules should be followed as they are explicitly
stated by authoritative bodies. In this case, Pachio’s action resulted in a penalty
and a red card, as stipulated by football regulations. Legal positivism would
accept this outcome as a satisfactory application of the rules, without examining
the morality behind Pachio’s intent.
From this perspective, Pachio’s act was a calculated risk within the parameters of
the game. The football governing body has set penalties for actions like handball,
meaning the consequences of his actions were enforced as per the rulebook.
Legal positivism would argue that once the penalty is applied, the matter is legally
settled, regardless of whether the handball was ethical. In this sense, legal
positivism upholds the rule of law as final and dismisses any further moral
analysis. For Shibobo FC, this approach would justify Pachio’s action as part of
strategic gameplay within the boundaries of football rules, albeit with established
penalties.
3. Utilitarian Approach
Utilitarianism evaluates actions based on the greatest good for the greatest
number, focusing on outcomes rather than adherence to rules. In this context, the
utilitarian approach might justify Pachio’s handball if it led to a positive outcome
for Shibobo FC, as they ultimately won the match and advanced to the semi-final.
Utilitarian thinkers like Jeremy Bentham and John Stuart Mill would analyze
Pachio’s actions by considering the happiness or satisfaction it brings to Shibobo
FC and its supporters.
However, the utilitarian view also considers the broader impact on the sport. If
deliberate handballs and similar actions became widespread, they could
undermine public trust in fair play and the credibility of football as a fair
competition. Maluti FC’s perspective aligns with this, as they view the handball as
an unfair act that disrupted the fairness of the game. Therefore, while Pachio’s
action may have benefited Shibobo FC in the short term, a utilitarian analysis
Varsity Cube 2024 +27 81 278 3372
