This book considers the manner in which the making and
implementation of law and governance is changing in the global
context. It explores this through a study of the deployment of the
global anti-doping apparatus including the World Anti-Doping Code
and its institutions with specific reference to professional
cycling, a sport that has been at the forefront of some of the most
famous doping cases and controversies in recent years. Critically,
it argues that the changes to law and governance are not restricted
to sport and anti-doping, but are actually inherent in broader
processes associated with neoliberalism and social and behavioural
surveillance and affect all aspects of society and its political
institutions. The author engages with concepts and arguments in
contemporary social theory, including: Dardot and Laval on
neoliberalism; Agamben on sovereignty; Hardt and Negri on
globalisation; and others including Foucault, Deleuze and Guattari,
and Louis Dumont. The work seeks to answer a question posed by both
Foucault and Agamben; that is, given the growing primacy of the
arts of government, what is the juridical form and theory of
sovereignty that is able to sustain and found this primacy? It is
argued that this question can be understood by reference to the
shift from a social or public contract that was understood to be
the foundation of society, to a society that is constituted by
consent, private agreement and contract. In addition, the book
examines the juridical concepts of the rule of law and sovereignty.
Commencing with the Festina scandal of 1998, the Spanish case of
Operacion Puerto and concluding with the fall from grace of the
American cyclist Lance Armstrong in 2012, the principal processes
examined include: - The increasing crossing of the borders between
different legal regimes (whether supranational or simply
particularised) and with it the erosion of what we knew as state
sovereignty and constitutionalism; - The increasing use of judgment
achieved through the media and how this arrives at new
configurations of moral panic and scapegoating; - The creation of a
need for rapid outcomes at the expense of the modernist value or
version of the rule of law; - The increasing use of new and
alternative methods of guilt, proof and ultra-legal detection.
General
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