best_fullback
Academy Player
- Joined
- Jan 23, 2006
- Messages
- 375
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Have to say I do feel a little bit strange about the outcome of this. One side: happy because he can play in the WC, but on the other, a little bit apprehensive as to whether this is the right outcome.
Agree with this completely. Maybe if the IRB couldn't resolve the issue it could go to CAS for a completely impartial opinion on the incident. Have done a lot on my degree about Judge Blackett and I can't really say much of it is positive.
The problem in sport law is precedent. In sport so much relies on the 'rules of the sport' and 'conducts and conventions' and when judging when conduct actually goes beyond this. Because conduct is rarely seen to go beyond this, there is little or no statute set by the international governing body with any clear directions. Therefore, case (or common) law is decided on its own merits, and Judges are able to depart as they wish. Sport tribunals are not compelled to produce reports so there will always be the questions of:
When you see players getting 70 weeks such as Attoub this ban looks ridiculous. But then when you see Schalk Burger get 8 weeks it seems a lot less worse, in my eyes. Though strict liability for contact with the eye area is probably right to enforce, more clarity of accountability must be given, because the variation in the bans is silly.
Your idea is a good one, or maybe a global independent body ... stating the obvious here, but if the elite players can get away with light bans, it doesn't send the right message to the kids that play the game.
Agree with this completely. Maybe if the IRB couldn't resolve the issue it could go to CAS for a completely impartial opinion on the incident. Have done a lot on my degree about Judge Blackett and I can't really say much of it is positive.
The problem in sport law is precedent. In sport so much relies on the 'rules of the sport' and 'conducts and conventions' and when judging when conduct actually goes beyond this. Because conduct is rarely seen to go beyond this, there is little or no statute set by the international governing body with any clear directions. Therefore, case (or common) law is decided on its own merits, and Judges are able to depart as they wish. Sport tribunals are not compelled to produce reports so there will always be the questions of:
- Consistency and,
- Reliability
When you see players getting 70 weeks such as Attoub this ban looks ridiculous. But then when you see Schalk Burger get 8 weeks it seems a lot less worse, in my eyes. Though strict liability for contact with the eye area is probably right to enforce, more clarity of accountability must be given, because the variation in the bans is silly.