- 著者
-
松井 良明
- 出版者
- 一般社団法人 日本体育学会
- 雑誌
- 体育学研究 (ISSN:04846710)
- 巻号頁・発行日
- vol.52, no.2, pp.213-225, 2007-03-10 (Released:2007-06-21)
- 参考文献数
- 39
This study gives a historical account, in order to urge a perspective of modernization of sports through a criminal law in Britain, the Highways Act of 1835. The British Parliament had recognized the illegality of street games, but through the process of drafting the Highways Act of 1835, there is an explication how the process had impacted modernization of sports. During the parliamentary session in 1831, an amendment was introduced for the first time to consolidate the Turnpike Act of 1822, s.121. The parliament would have utilized the Turnpike Act of 1822, s.121 to extend the law to not only the turnpike, but the highways as well. The Turnpike Act had banned ‘bull-baiting, bull-running, football, tennis, fives, cricket, or other games’ on the turnpikes by making a nuisance on the common law into a basis. The select committee of the House of Commons in 1833, however, required to remove ‘football, tennis, fives, cricket, or other games’ from the bill. After that, ‘football or other games’ were appended to the bill by the select committee of the House of Lords in 1835. The Parliament approved the legality of some sports activities on highways with the Highways Act of 1835, s.72. It has actually eradicated the original element of the bill that led to nuisance on highways, in order to keep a public right of smooth passage. However, the Act of 1835, s.72 was so limitative with the Houses of Commons and Lords that ‘tennis, fives, and cricket’ had been deleted from the content. On the analysis of the Parliament journals, it is obvious that the regulations of street games had been changed a few times in the Parliamentary sessions from 1831 to 1835. The political judgment determined some prohibited street games by the statute. Especially, the requirement by the select committee of the House of Commons supposed to expel all of ball games from the bill, though the select committee of the House of Lords appended ‘football, or other games.’ As the result, the Highways Act of 1835, s.72 left the door open, to modernize ‘tennis, fives, and cricket’ on the British highways.