Hi, the ‘OP’ here. Yes I am principally interested in this instance in the ethics of using performance enhancing products, or not, in a sport with the history and economic realities of pro cycling. As previously stated, the laws define what is and isn’t doping, in a strict sense. I’m not trying to contest that. There is a grey area around (mis)use of TUEs for performance enhancing purposes, whether as a by-product of some legitimate medical usage, or a straight up deceit, but even there I would concede that the rules do specify what is and isn’t a legitimate need for a TUE, it’s just that it seems that historically it’s been far from difficult to get around that rule, and near-impossible to prove actual misuse.
If Sam wants to stress the legal aspect, that’s fine, but yeah it’s not really what I’m getting at. The anti-doping laws are certainly a factor in shaping an athlete’s determination of what they to consider to be right/ethical/acceptable in regard to what products they take, but it’s far from the only one. I'm certainly NOT interested here in the WADA rules or whether they align with any particular ethical expectations. What I’m looking at is not just the basic ethical decision to dope or not, but also whether there are any ethical considerations left at all, for both the athlete and the fan, both beyond the line of taking or using known prohibited substances in the first instance, and before it in the TUE and ‘experimental’ products spaces. I’ve already noted Wellens as having a particular ethical position on TUEs, and for the experimental stuff maybe think Kittel and his trial early in his career of UV light treatment - are there any ethical considerations in using something that isn't strictly speaking illegal, but is clearly questionable.
Surely there are both objective and subjective ethics. Society, natural law, human rights, whatever you want to base it on, there are certain things that are intrinsically and generally agreed to be either ethical or unethical. A person can also form their own personal subjective ethical system, determining what they think to be right/acceptable or wrong. But that doesn't change the existence of fundamental objective ethical norms. Doping - taking banned performance enhancing products, or undertaking banned procedures like blood transfusions, is prima facie unethical. But a rider can subjectively determine that doping is at least acceptable/justifiable, if not ethical, based on cultural, contextual, motivational and economic factors. That subjective ethical system might only take them so far in terms of what they're comfortable doing - to only take recovery products, for example - or they might think once that line has been crossed then they may as well go all out, and use whatever they think they can get away with and can access/afford. Even that rider may at least superficially believe they are not being particularly unethical, because they believe that everyone else is doing it too. Armstrong is of course the perfect case in point here.
For us as fans and observers, and in principle, is there any objective ethical difference between different levels and types of doping? Because the sport probably still requires doping to succeed, at least at GC level, therefore obliging the individual cyclist, following their dream, seeking a career, good results, and financial reward, to dope or struggle, is there therefore some room for defining objective ethics even amongst doped athletes, and the various things they chose to do or not? Or is it black and white, between doping or not, and therefore anything beyond the line is equally unethical and only a question of resources, access and risk assessment by the individual athlete or team?
Personally I'm still undecided on this. Logically I lean towards doping being straight up unethical, be it a little or a lot, since getting into defining what is considered to be better or worse beyond that quickly becomes convoluted. But I do find myself subjectively, almost self-consciously, drawing distinctions between riders who seem to dope largely because they 'have' to, and do so within some certain limit, and those who appear willing to go all out, prioritising success over everything else. This ties into the equally fraught area of merit - i.e. trying to distinguish one rider as being naturally better, harder working and less augmented by doping, and therefore worthy of accord and respect of ability, over another. As fans, is it really fair or reasonable that we do this, given the multiple factors at play making it so difficult to actual 'read' a rider's natural ability and work-rate, or is it pure self-justification for why we feel comfortable supporting this or that athlete in a broken sport, when it is really just better to see it all as a doped show/construct, and assess it on that basis alone, i.e. the best/most worthy rider, in performance terms at least, is simply the one who wins, no matter how they got there?