Abstract

Despite an emerging body of literature, an analysis of the legal issues arising from science and technology in sport remains largely unexplored.1 Perhaps one of the most common areas for the synthesis of these issues is found in regard to the use of drugs and other doping methods. However, there remains no theorising about legal issues arising from the possibility of using genetic technologies in sport. Nevertheless, an awareness of the imminent use of genetic technologies by athletes is beginning to provoke some serious reactions from international bodies in sport and medicine. Yet, still, the legal issues are not really being considered. This is surprising since, arguably, the sporting case offers a context that reveals critical questions in the development of social applications of genetics that reveal important insights into the relationship of ethics, law, and medicine. In particular, it can be said to contribute to establishing first principles upon which policy regarding the use of genetic modification (GM) can be based. However, it is understandable, given the vast amount of frivolous forecasting that is made in the media and the often cited use of genetics to make super-athletes, neither of which do justice to the serious and realistic and near implications of genetics for sport.