LJU4801 Portfolio Due 30 October 2024

Question 1

Read the following scenario and then answer the question below:
The football governing body is investigating Mark Pachio’s deliberate handball during the
quarter final match between Shibobo FC and Maluti FC. Shibobo FC defender, Pachio,
used his hand to stop Mpho Motale’s header on the line which would have sent Maluti FC
through to the semi-final.

While Pachio was given a straight red card for his actions, his ‘Hand of God’ intervention
ultimately paid-off as Maluti FC missed the resulting penalty and Shibobo FC went
through to the semi-final after winning the shoot-out.

Shibobo FC does not consider that handball as unfair or dishonest play but rather as an
act for the higher purpose of winning the game. Maluti FC, however, sees the handball as
unfair play which is inconsistent with the fair play code.

QUESTION 1

In this situation, several key legal and philosophical perspectives can be used to evaluate
the ethical and legal ramifications of Mark Pachio’s intentional handball in the quarter-final
match between Shibobo FC and Maluti FC. By exploring these perspectives—natural law,
legal positivism, utilitarianism, and virtue ethics—we gain insight into different viewpoints
on whether Pachio’s actions represent fair play or a violation of sportsmanship. Each
approach provides a distinct perspective on concepts such as fairness, intent, and the role
of rules in sports. This analysis ultimately identifies the most fitting approach to assessing