Common Law and Sport: Unlawful Games and Lawful Sports
in 19th-century England.
Yoshiaki Matsui (Nara National College of Technology)
The present study aimes to clarify the definitions of unlawful games
sports in 19th-century England. A main source is A Treatise on Crimes and Mis-
demeanors by Sir Wm. Oldnall Russell, 7th ed., 1909. This book of authority make
mention of sports and games in Book VI 'Of Disturbance of the public peace',
chap. 1 and 2, and Book K 'Of Homicide', chap. 1.
The obtained conclusion is following.
The legal points about sports and games are the intention of them, the mainte-
nance of the public peace, and the prevention of the bodily harm. If the points
are not satisfied, the game is regarded as to be unlawful at the common law.