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Hazel J. Hartley - Exploring Sport and Leisure Disasters: A Socio-Legal Perspective

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Book:
Exploring Sport and Leisure Disasters: A Socio-Legal Perspective
Author:
Hazel J Hartley
Publisher:
Routledge
Genre:
Books / Politics
Year:
2019
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First published in 2001. This book provides a socio-legal analysis of disasters by setting out two sport and leisure disasters (the 1989 Hillsborough and Marchioness disasters) and considering them in their broader legal/political/economic and policy contexts. It bases the analysis on in-depth examinations of the legal responses to these disasters. The foundations for the case studies are laid by reviewing critiques of relevant contemporary legal problems. These include the concepts and contexts of disasters; the law in a liberal democracy; negligence, mass actions and policy in PTSD cases; statutory regulation of and safety; the laws of corporate reckless manslaughter and the contemporary legal problems of inquests and public inquiries into disasters. The theoretical and policy chapters are followed by the presentation of the two case study disasters, drawing on documentary sources and interviews with academics, policy makers, key legal practitioners and campaigners for legal reform, involved in these post-disaster legal processes. The analysis returns to the critical themes of the earlier chapters and ends with conclusions and recommendations for further research and legal reform arising out of this area of disaster law. Students in sport and leisure courses will be required to tackle legal and ethical issues. Law modules and courses in sport and law are developing an increasingly socio-legal, if not multi-disciplinary approach. This book takes account of this, taking a critical, multi-disciplinary approach to sport, leisure and the law. However, it will be useful to a broader group of readers who study, practice or work in the law or legal reform and apply their work to disasters.

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ROUTLEDGE LIBRARY EDITIONS:
LEISURE STUDIES

Volume 3

EXPLORING SPORT AND LEISURE DISASTERS

A Socio-Legal Perspective

HAZEL J. HARTLEY

First published in 2001 by Cavendish Publishing Limited

This edition first published in 2019
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2001 Hartley, H.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

ISBN: 978-0-367-11036-9 (Set)
ISBN: 978-0-429-24268-7 (Set) (ebk)
ISBN: 978-0-367-13733-5 (Volume 3) (hbk)
ISBN: 978-0-429-02834-2 (Volume 3) (ebk)

Publishers Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and would welcome correspondence from those they have been unable to trace.

EXPLORING SPORT AND LEISURE DISASTERS: A SOCIO-LEGAL PERSPECTIVE

Hazel J Hartley,

First published in Great Britain 2001 by Cavendish Publishing Limited The - photo 4

First published in Great Britain 2001 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom

Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7278 8080

Email:

Website: www.cavendishpublishing.com

Hartley, H 2001

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyrights Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the prior permission in writing of the publisher.

British Library Cataloguing in Publication Data

Hartley, Hazel

Exploring sport and leisure disasters: a socio-legal perspective

1 Disasters law and legislation Great Britain

2 Disasters social aspects Great Britain

I Title

344.4'1'0534

ISBN 1 85941 650 0

Printed and bound in Great Britain

This book is dedicated to the survivors and bereaved of Disaster Action UK and all those who work with them towards legal reform and improvements in the safety of workers and the public.

This critical book could not be better timed. Many years of tenacious research by Hazel Hartley have produced definitive and perceptive case studies of the two sport and leisure disasters, Hillsborough and Marchioness, which occurred within months of each other in 1989. Some of the material is uncomfortable and troubling. She has concluded with no less than 60 recommendations which future government reviews and possible legislative reform are unlikely to ignore.

Hazels primary research reveals the inadequacy and weakness in pre and post-disaster law. This book states the urgent case for long term and systematic overhaul. It was not until 11 years after the event that the Government ordered a public inquiry in fact it then ordered two into Marchioness, which mirrored significant issues on coroners raised in this research. The welcome recent review called for by the Minister for Health Alan Milburn on the law of consent and treatment of the deceased and the coronial system will find this book relevant and helpful.

The long term build up to a disaster, the sloppy institutionalised practices (Scraton et al, 1995) are where concentration should be directed. In practice it is so easy and tempting in seeking immediate and quick answers to look at the last person in the chain, the tired signal worker or the person who for example dropped the cigarette at Bradford City in 1985. Hazels research and understanding takes a broad view of the whole social, political, legal and philosophical context without losing the tragic human reality.

I first met Hazel at a British Association for Sport and Law conference at Lincolns Inn in 1996 on the vexed issues of consent, involuntary manslaughter and sport. She made then a telling contribution to the debate with the Law Commissions Stephen Silber QC and has since written three articles on legal and social aspects of Hillsborough and Marchioness in sport and law journals. This book brings together her thorough primary research for the benefit not just of sports lawyers but also of all who seek a better way of bringing justice and a safer environment.

Charles Woodhouse cvo
President, British Association for Sport and Law (1997-2000)
Chairman, Sport Dispute Resolution Panel
Legal Adviser, Central Council of Physical Recreation (1971-1998)
Honorary Legal Adviser, Commonwealth Games Council for England
17 August 2001

I began this research over ten years ago, part-time, shortly after the Hillsborough and Marchioness disasters. I chose these two disasters because they both involved young people in leisure and sport contexts, where my work in law is applied with students and professionals. In addition, I thought these disasters might share the same legal, political and economic contexts. A wide range of post-disaster, legal processes was ongoing throughout the research for this book and I apologise for the broad-brush treatment of such complex issues and processes, within the constraints of this text.

This is not a black letter law or case law text. Using the aims and structure, which I have outlined in the introduction, I have attempted to take a multi-disciplinary, socio-legal approach to this area of disaster law, drawing on sociology and critical criminology. Socio-legal study partly seeks to understand the social, economic and political processes that bring about law and shape its form and content... (Hutter, 1999, p 4). Since this involved setting the scene with a range of contemporary legal issues relevant to creeping and sudden disasters, I ask for the readers patience in what seems like a

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