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Writing an eligibility rule taught me that metaphysics doesn’t settle policy

For some years I served on the committee that wrote eligibility rules for our regional school competitions. I'm not going to argue here about any current controversy, and I'd ask others not to. I want to share something I learned that I think applies well beyond sport.

Every category in sport has to be drawn somewhere, and every criterion produces a slightly different set of people: age by date of birth, weight by the morning's scale, school by enrolment. When it comes to sex categories, a body writing rules might use chromosomes, hormone levels, developmental history, legal status or self-identification. Each criterion includes someone the others exclude. And the committee has to choose one.

What surprised me, reading the philosophy afterwards, is how little the big theories decided for us. Someone who holds a biological analysis of gender, like Alex Byrne's, and someone who holds an identity-based one, like Talia Mae Bettcher's, could in principle agree on a competition rule for quite different reasons, one because the rule tracks a biological difference relevant to performance, the other because sport is a special context where a different category is needed. And two people with the same metaphysics could disagree sharply about the rule, because they weigh fairness, inclusion and safety differently.

So my takeaway: the metaphysics underdetermines the policy. Before assuming someone you disagree with on a rule holds a particular view of what gender is, ask them. I'd be interested in where people think that breaks down.

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6 replies

  1. Femke Bosman

    Fellow

    I think this is exactly right, and too rarely said. In discussions I've run, people assume that metaphysics and policy come as a package. The packages exist sociologically, but they aren't logically forced. Some feminist philosophers who hold social-position accounts disagree with one another on sport precisely because they weigh different harms.

  2. Omar Ragab

    Fellow

    I'd add that even the ‘biological’ criteria are not one thing. Chromosomes, gonads, hormones and anatomy usually line up and occasionally do not, and the cases where they don't have always been the hardest for sport. So even a committee that decided in principle to ‘follow the biology’ would still have to choose which biology. That's another place where the theory leaves the work undone.

    Helpful · 1
  3. Sam Ellery

    Fellow

    Where I think it breaks down a little: some metaphysical views do constrain policy. If you think gender categories are constituted entirely by self-identification, it's hard to say a rule based on something else is using the gender category at all; it's using a different one. That's fine, but then the debate is about which category sport should use, which is itself a substantive question and not one the metaphysics answers.

    Helpful · 2
    1. Gerrit Venter

      Fellow

      Sam, agreed. On our committee the most useful moment came when someone said: we're not deciding who is a man or a woman, we're deciding who competes in which class. Tempers dropped noticeably.

      Helpful · 3
  4. Hsieh Wei-ting

    Fellow

    Game designer's footnote: every competitive category is a design decision with trade-offs, and nobody believes the ‘under-16’ category reveals the essence of being fifteen. Whatever one thinks about sex categories, treating them as rules for a purpose rather than verdicts about persons seems to lower the stakes in a healthy way.

  5. Thandeka Mokoena

    Fellow

    A caution about the law. Legal status is one of the possible criteria, and legal categories are themselves contested and vary by country. So a rule that defers to the law imports whatever the law decided, for its own purposes. I agree with Gerrit's main point: none of these choices is dictated by a theory of what gender is. Each needs its own argument about the institution's purpose.

    Helpful · 1