Doping and patrimonial interests

This is a reflection that moves from a General Theory of Law’s point of view, aiming at the reconstruction of case of doping. I’ll focus whit particular reference to examining if there is the possibility to admitting significance and involvement of interests in doping.First I’ll describe the case of doping; then I’ll examine the injured goods by doping, however focusing on interests’ injury.In fact, if vulnus, caused as much to the fairness in competition (s.c. level playing field)as to the sportsman’s health, is immediately detected, not the same happens for the interests’ injury, considered for a long time, maybe still yet, accidentally and indirectly involved.Sport’s evolution (especially the increasing of professional practice, even in those sports defined as dilettantistic practice at present) strengthen the unaffirmability of this thesis: I think that this thesis is valid even for dilettantistic sport.In fact, I may affirm that competition constitutively requires the identification of winner, whose acknowledgement may consist merely in award of symbolical prizes (cups of medals), as much as in award of prizes that have an economical valuation.Just the acknowledgement’s essentiality may prefigure an intrinsic patrimonial character in competition: the loser hasn’t the same importance of the winner.Today, this is a distinguishing tract that gains more and more importance, also considering the spreading of sport professional practice (more or less officially acknowledged).Taken as true this thesis, I’ll go on examination of this profile and I’ll analyze some problematic juridical points.This will be an examination that goes on according to the point of view that the UNESCO’s International Convention against Doping in Sport already signed. Without giving a preference to sport juridical rules and regulations or to International / State rules and regulations, this examination want to identify its possible development, also considering same judgements that seem to strengthen this thesis.[...