Businesses seek profit and sportsmen chase victory, but there’s still hope for morality

Ed Smith's "Left Field" column.

There are times when a columnist, conditioned to take a firm line, feels pressure to pronounce about a controversy – but what if he knows that logic and evidence can be marshalled to make an equally strong case for both standpoints, even though they are perfectly opposed? The temptation is to pick a side and be done with it. Yet if two opposing views support such convincing defences, the hinge of the argument must be in the wrong place. Instead of summoning rhetorical conviction, perhaps we should try to redraw the debate along more helpful dividing lines.

That is how I’ve felt watching the rows about fair play that have flared up throughout the Ashes. The most controversial was Stuart Broad’s decision not to “walk” when he edged the ball to first slip during the thrilling first Test match at Trent Bridge.

Two clear-cut columns write themselves all too easily. First, the disgusted moral one: “Sometimes a batsman is unsure if he hit the ball and may rightfully stand his ground. This was not one of those moments. Cheating is a strong word but when a batsman is 100 per cent sure that he hit the ball and still doesn’t walk, it is hard to pretend that ‘gamesmanship’ is the accurate term.” So thunder the moralists.

It is just as easy to defend Broad by arguing that he did what everyone does, only better: “Modern batsmen do not walk. They let the umpire decide. So a batsman who doesn’t walk for a thick edge is no more ‘in the wrong’ than a batsman who doesn’t walk for a slight deflection. Broad should be congratulated for his professionalism and his poker face.”

The problem is that neither column captures my conflicting emotions. As a batsman who did not always “walk”, I sympathise with Broad. I also know that watching him get away with such an obvious edge felt wrong. It looked silly and demeaned the day.

How did we get into this mess? Ironically, it was once assumed that professionalism would eventually negate the need for moral judgements. Accepting the umpire’s decision would replace the moral imperative of doing the right thing. The advent of new technologies, too, encouraged the delusion that players would never have to think morally in the heat of battle.

However, umpires make mistakes and technology has proved inadequate and unpredictable. We have moved from one grey area, based on a player’s word, to an increasingly precisely calibrated grey area, determined by a Byzantine system of technical apparatus designed to clarify the matter but serving only to confuse it.

If we substitute the words “umpiring” and “technology” with the word “law”, we see how the everyday professional working world has encountered similar problems. Narrowly “legal” behaviour is often shown to be morally wrong. Jimmy Carr’s tax avoidance was entirely legal but rightly caused public indignation. The letter of the law be damned – a rich man should pay a decent amount of tax, even if none of us knows exactly what proportion that should be. The same point applies even more strongly to the tax-avoidance strategies of Starbucks.

We can never reach such an evolved stage of technological or legal precision that the question “Does this feel right?” stops being central to a professional code. Matthew Parris has argued that the pages of small print tacked on to employment contracts paradoxically only encourage dubious behaviour. A long list of prohibited actions merely suggests a further list of (presumably) unprohibited ones. In contrast, the assumption that they shouldn’t “do anything that feels wrong” encourages employees to think for themselves.

When businesses seek profit and professional sportsmen chase competitive advantage, what hope is there for morality? The answer is more likely to reside in culture and conventions than in law and technology.

In her 1994 paper “Bourgeois Virtue”, the American economist Deirdre McCloskey argued that modern society was stuck with outdated conventions. We fall back on old ideals – the honourable aristocrat, the plucky worker – but we lack ethical models for professional or bourgeois virtues.

The history of modern sport fits McCloskey’s model. At first, sport was obsessed with the honourable gentleman who was above the fray. The Corinthians football team declined to score from penalties on the grounds that the opposition’s foul must have been accidental. The second phase of modern sport, the early years of professionalism, emphasised hard work and industry – the plucky worker who kept his head down and stuck to the task. Not for him moral grandstanding and “walking” when he edged it; he had to put food on the table.

Sport is now – uncertainly but distinctly – entering a third phase. It may prove a happy surprise. The relentless determination to win, founded on scientific training and ruthless planning, does not inevitably lead to moral collapse. Today’s snooker players own up when they faintly touch the cue ball, even though it is entirely against their self-interest and rarely visible to the referee. Rugby players in a scrum, driven backwards on to their try line, could halt the disaster by pretending that one of the players was suffering a neck injury. It never happens – faking serious spinal injuries is not part of professional rugby culture. Tennis players are more respectful and courteous than they were 20 years ago.

Cultures are always in flux. An extreme example of questionable behaviour, one that pushes an accepted convention beyond common sense, can tip the culture in a positive direction. Broad’s successful stand may encourage more batsmen to walk.

Professional sportsmen are groping towards McCloskey’s “bourgeois virtues”. But as the third phase crawls forward, spare a thought for the players. If you are confused in the comfort of your armchair, imagine how they feel in the white heat of competitiveness, with the roar of 30,000 people in their ears.

Get more sports news and views over at Fast News Release.

Stuart Broad, whose controversial decision not to "walk" when he edged the ball to first slip has been a point of controversy. Photograph: Getty Images.

Ed Smith is a journalist and author, most recently of Luck. He is a former professional cricketer and played for both Middlesex and England.

This article first appeared in the 12 August 2013 issue of the New Statesman, What if JFK had lived?

Getty.
Show Hide image

Who is the EU's chief Brexit negotiator Michel Barnier?

The former French foreign minister has shown signs that he will play hardball in negotiations.

The European Commission’s chief Brexit negotiator today set an October 2018 deadline for the terms of Britain’s divorce from the European Union to be agreed. Michel Barnier gave his first press conference since being appointed to head up what will be tough talks between the EU and UK.

Speaking in Brussels, he warned that UK-EU relations had entered “uncharted waters”. He used the conference to effectively shorten the time period for negotiations under Article 50 of the Lisbon Treaty, the legal process to take Britain out of the EU. The article sets out a two year period for a country to leave the bloc.

But Barnier, 65, warned that the period of actual negotiations would be shorter than two years and there would be less than 18 months to agree Brexit.  If the terms were set in October 2018, there would be five months for the European Parliament, European Council and UK Parliament to approve the deal before a March 2019 Brexit.

But who is the urbane Frenchman who was handpicked by Commission President Jean-Claude Juncker to steer the talks?

A centre-right career politician, Barnier is a member of the pan-EU European People’s Party, like Juncker and German Chancellor Angela Merkel.

A committed European and architect of closer eurozone banking integration, Barnier rose to prominence after being elected aged just 27 to the French National Assembly.  He is notorious in Brussels for his repeated references to the 1992 Winter Olympics he organised in Albertville with triple Olympic ski champion Jean-Claude Killy.

He first joined the French cabinet in 1993 as minister of the environment. In 1995, Jacques Chirac made him Secretary of State for European Affairs, teeing up a long and close relationship with Brussels.

Barnier has twice served as France’s European Commissioner, under the administrations of Romano Prodi and José Manuel BarrosoMost recently he was serving as an unpaid special advisor on European Defence Policy to Juncker until the former prime minister of Luxembourg made him Brexit boss.“I wanted an experienced politician for this difficult job,” Juncker said at the time of Barnier, who has supported moves towards an EU army.

 

Barnier and the Brits

Barnier’s appointment was controversial. Under Barroso, he was Internal Market commissioner. Responsible for financial services legislation at the height of the crisis, he clashed with the City of London.

During this period he was memorably described as a man who, in a hall of mirrors, would stop and check his reflection in every one.

Although his battles with London’s bankers were often exaggerated, the choice of Barnier was described as an “act of war” by some British journalists and was greeted with undisguised glee by Brussels europhiles.

Barnier moved to calm those fears today. At the press conference, he said, “I was 20 years old, a very long time ago, when I voted for the first time and it was in the French referendum on the accession of the UK to the EU.

“That time I campaigned for a yes vote. And I still think today that I made right choice.”

But Barnier, seen by some as aloof and arrogant, also showed a mischievous side.  It was reported during Theresa May’s first visit to Brussels as prime minister that he was demanding that all the Brexit talks be conducted in French.

While Barnier does speak English, he is far more comfortable talking in his native French. But the story, since denied, was seen as a snub to the notoriously monolingual Brits.

The long lens photo of a British Brexit strategy note that warned the EU team was “very French” may also have been on his mind as he took the podium in Brussels today.

Barnier asked, “In French or in English?” to laughter from the press.

He switched between English and French in his opening remarks but only answered questions in French, using translation to ensure he understood the questions.

Since his appointment Barnier has posted a series of tweets which could be seen as poking fun at Brexit. On a tour of Croatia to discuss the negotiations, he posed outside Zagreb’s Museum of Broken Relationships asking, “Guess where we are today?”

 

 

He also tweeted a picture of himself drinking prosecco after Boris Johnson sparked ridicule by telling an Italian economics minister his country would have to offer the UK tariff-free trade to sell the drink in Britain.

But Barnier can also be tough. He forced through laws to regulate every financial sector, 40 pieces of legislation in four years, when he was internal market commissioner, in the face of sustained opposition from industry and some governments.

He warned today, "Being a member of the EU comes with rights and benefits. Third countries [the UK] can never have the same rights and benefits since they are not subject to same obligations.”

On the possibility of Britain curbing free movement of EU citizens and keeping access to the single market, he was unequivocal.

“The single market and four freedoms are indivisible. Cherry-picking is not an option,” he said.

He stressed that his priority in the Brexit negotiations would be the interests of the remaining 27 member states of the European Union, not Britain.

“Unity is the strength of the EU and President Juncker and I are determined to preserve the unity and interest of the EU-27 in the Brexit negotiations.”

In a thinly veiled swipe at the British, again greeted with laughter in the press room, he told reporters, “It is much better to show solidarity than stand alone. I repeat, it is much better to show solidarity than stand alone”.

Referring to the iconic British poster that urged Brits to "Keep Calm and Carry On” during World War Two, he today told reporters, “We are ready. Keep calm and negotiate.”

But Barnier’s calm in the face of the unprecedented challenge to the EU posed by Brexit masks a cold determination to defend the European project at any cost.

James Crisp is the news editor at EurActiv, an online EU news service.