Lex Sportiva – Origin And Significance Of The Term  Cover Image

Lex Sportiva − порекло и значај термина
Lex Sportiva – Origin And Significance Of The Term

Author(s): Miloš Galantić
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: lex sportiva; lex mercatoria; legal pluralism; non-state law; sports law

Summary/Abstract: The use of the term lex sportiva in the scientific literature could have been noticed in recent decades. At the first encounter with the term, even those who are not directly acquainted with the legal aspects of sport, get an impression that this is a standard, regular legal term, which also has its Latin name that relates to the matter of sports law. However, the term lex sportiva requires numerous additional explanations. The main reason for the creation and use of a Latin neologism lex sportiva, a phenomenon that could be called a sports law (literal translation), but one has to look outside the sport area. This is the case of drawing analogy and utilizing the popularity of one other social phenomenon that applies the Latin term lex mercatoria. On the wings of lex mercatoria and the theory of legal pluralism, the term lex sportiva made the concept of sports law famous in the scientific world for a very short time. However, the sudden popularity of the term was not accompanied with a deeper analysis of the social phenomena so that the use of term lex sportiva in professional literature is not exclusive. A specific risk arises from the identification of term with its literal translation – sports law, while insisting on its autonomous and transnational character. This way, the attention is drawn away from the public segment of the sports law i.e., norms of national legislation and norms of public international law, which in recent decades have gained in importance in the regulation of the social relations in sports.

  • Issue Year: 2015
  • Issue No: 2
  • Page Range: 559-577
  • Page Count: 19