In the name of justice: a referee checks that the rules are being followed. Illustration by Marco Heer.
In the name of justice: a referee checks that the rules are being followed. Illustration by Marco Heer.

Impartial? Refereeing through the ages

Referees are ostensibly portrayed as impartial. At the same time they attract controversy. It’s time for a look back at how the idea of arbiters applying the letter of the law, whether in the courtroom or on the sports ground, all began.

Michael Jucker

Michael Jucker

Michael Jucker is a sports historian, head of Swiss Sports History and co-director of the FCZ Museum.

When football referees in the modern game are booed, cursed at and accused of being biased, their very essence as a neutral party is called into question. After all, neutrality is the basis on which a game or competition proceeds. However, bribery scandals, wrong decisions and allegations of corruption have afflicted modern sports since their inception. Pictures of referees fleeing from the field pursued by players or supporters have been a familiar sight in Switzerland since the 1990s. They are now less common, at least in the higher leagues.
The referee blows for full time at a match between Sion and Wettingen: referee Bruno Klötzli was attacked and pursued by the Wettingen players. SRF Schweizer Radio und Fernsehen
The history of the neutral official and impartial referee or arbiter, however, stretches back a lot further. It stems from the idea that a neutral party should be tasked with keeping a game or competition under control and ensuring compliance with the rules. However, the concept of a referee did not originate in sport but actually comes from court proceedings, where the arbiter was a neutral party who worked to bring opposing parties to an agreement and arrive at a solution acceptable to all. Arbitration proceedings were quite common in the Old Swiss Confederacy during the late Middle Ages, as conflicting municipalities and individuals came together to settle their differences. The arbiters were usually highly respected noblemen: bailiffs, cantonal chief magistrates known as ‘Landammänner’, and occasionally councillors, city chancellors or mayors. Elsewhere, even kings and queens assumed the role of arbiter, the best known example being King Solomon in the Bible.
The Judgement of Solomon is a story from the Bible in which King Solomon acts as judge: two women argue over a baby. Solomon suggests cutting the baby in two with one half for each woman, whereupon the real mother conceded her claim in order to save the child. Solomon recognised her love and gave her the baby.
The Judgement of Solomon is a story from the Bible in which King Solomon acts as judge: two women argue over a baby. Solomon suggests cutting the baby in two with one half for each woman, whereupon the real mother conceded her claim in order to save the child. Solomon recognised her love and gave her the baby. Wikimedia
The non-separation of powers was not considered an issue, as the goal was unity in the choice of arbiter and in working towards a compromise as well as general satisfaction with the outcome. This approach was often longwinded and laborious as the parties involved could cast doubt on the arbiter or stretch the process out with their obstinacy. Nonetheless, it did lead to the resolution of many conflicts. The neutral arbiter and arbitration court largely disappeared with the advent of Roman law and the corresponding proceedings based on evidence and legal principles. Arbitration experienced a renaissance in the League of Nations in 1920 when states began working towards compromise-based conflict resolution. Arbitration courts still exist today for commercial law, international conflicts and sport, where the Court of Arbitration for Sport (CAS) in Lausanne is the last instance tribunal.
“It is a bad rule that don't (sic) work both ways”. Cartoon of Alabama court of arbitration by Thomas Nast on the title page of New York publication Harper's Weekly, Journal of Civilization, 27 July 1872.
“It is a bad rule that don't (sic) work both ways”. Cartoon of Alabama court of arbitration by Thomas Nast on the title page of New York publication Harper's Weekly, Journal of Civilization, 27 July 1872. Internet Archive

From gladiatorial contests to ensuring fair play

The neutral role of the referee is a key component of competitive sport. Even the gladiatorial contests in Roman times were officiated. There were usually two referees watching over the fighters, deciding when breaks were needed and ensuring compliance with the rules. However, the spectators and the Emperor got to decide who won and who lost, so the outcome was not necessarily a neutral decision.
Gladiators from the Zliten Mosaic, Libya, ca. 200 CE.
Gladiators from the Zliten Mosaic, Libya, ca. 200 CE. Wikimedia
Sports during the Middle Ages also took place under the watchful eye of the referee: contests at chivalrous tournaments, for example, were overseen to ensure proper procedure and compliance with the rules. The referees occasionally also prevented fatalities or serious injury. This was important as, apart from everything else, the church had banned this type of combat and could refuse a Christian burial for those killed. A herald usually enforced the rules at knights’ tournaments. Several tournament judges would be present at bigger tournaments or fights to ensure that the contests, which could be violent and extremely dangerous, did not get too out of hand. A tournament held in 1436 in Schaffhausen featuring about 200 combatants is particularly well documented. The travel diary of a Castilian diplomat reports the following: “20 February 1436: [...] on Monday after the midday meal, all the helmets were brought to the hall and everybody began preparing for the contest. The high and mighty came with their vassals and those without such came alone or with two or three other noble persons. Those women who were interested moved from the arena to the hall to look at the helmets. And every one of these ladies pointed to the helmet of the very knight she had reason to complain about.”
The helmet crests were displayed the day before the tournament. The ladies came out in force to see the headgear. Anyone without authorisation to take part in the tournament had to surrender their helmet. Miniature in the armorial of Conrad von Grünenberg, circa 1480.
The helmet crests were displayed the day before the tournament. The ladies came out in force to see the headgear. Anyone without authorisation to take part in the tournament had to surrender their helmet. Miniature in the armorial of Conrad von Grünenberg, circa 1480. Bavarian State Library
Knights who did not behave in a chivalrous manner were fined by the referee or even, on occasion, disqualified from the tournament (the German phrase for this ‒ ‘in die Schranken verwiesen’ ‒ is still used today when referring to putting someone in their place). The tournament itself was also seen as a type of arbitration tribunal: military conflicts and, especially, feuds were fought out almost symbolically at knights’ tournaments. This form of localised contest governed by rules served to avoid, deflect or even resolve larger conflicts. There are hardly any records from the Middle Ages referring to arbiters or referees as biased or corruptible and therefore not to be trusted. That does not mean, however, that they could not be influenced. But there are no written records of misgivings regarding the arbiter as conflicting parties worked towards a compromise. At the same time, influencing the referee, questioning their neutrality and seeking to bribe them are by no means modern phenomena. They certainly featured in contests during Greek and Roman times, and misconduct was punishable. In other words, despite the paucity of research and documentary evidence, it is safe to assume that referees in the Middle Ages were also “only human” and it is entirely feasible that they were influenced to some extent.

From captain to referee: the evolution of officiating in football

The concept of a referee thus originates with conflict resolution in the courtroom and actually predates sport itself. At the same time, referee-like figures have featured in sporting competitions since antiquity. As sports have become more regulated, the referee’s role has grown in importance. It has also extended beyond curbing the violent excesses of knights’ tournaments. Take football as an example: the first football rules date back to 1863 when they were devised in England. You were only allowed to kick the ball and not the other players; the corner, free kick and offside rules followed in 1866; since 1871, only the goalkeeper has been allowed to handle the ball. It was up to the players to interpret the rules, with the captains taking the decisions. Although still common practice today in children’s and recreational football, it did not work well for long in the birthplace of the modern game. A neutral referee was introduced in 1874 to run the match. Four years later the referee was given a whistle and has had two assistants helping on the sidelines since 1889.
Referee Buchmüller at the coin toss in the 1955 Swiss cup final: FC La Chaux-de-Fonds against FC Thun.
Referee Buchmüller at the coin toss in the 1955 Swiss cup final: FC La Chaux-de-Fonds against FC Thun. Dukas
The 20th century saw many technological advancements in football refereeing. Means of communication such as radio systems, vanishing spray for free kicks and goal line technology in some leagues helped with impartiality. As in many other sports, there are major gender-related differences in football. When women started playing the game in the late 1960s, they were not allowed to play in Switzerland under the regulations. As an alternative, pioneers like Madeleine Boll were given the option of training as referees and officiating at junior games. It was a rather lame attempt at compromise and not universally accepted. Women have only had their own league, naturally officiated by men, since 1970. FIFA first appointed women as referees at the first Women’s World Cup in 1991. Nicole Petignat was the first Swiss woman referee to achieve widespread recognition at the elite level in Switzerland and Austria. She officiated at men’s games. On 14 August 2003, she became the first woman to referee a men’s UEFA Cup game. She also refereed international women’s tournaments, for example the 2003 World Cup in the US and the 2007 edition in China plus the Women’s Euro 2005 in England. Nonetheless, women referees are still very much in the minority and receive rougher treatment from the media than their male counterparts.
24.4.2008: BSC Young Boys Bern - FC Lucerne 0:1. Referee Nicole Petignat (centre) with Lucerne players Alain Wiss (l.) and Dusan Veskovac (r.)
24.4.2008: BSC Young Boys Bern - FC Lucerne 0:1. Referee Nicole Petignat (centre) with Lucerne players Alain Wiss (l.) and Dusan Veskovac (r.) Dukas
With all the TV cameras now in the stadium, referees are being watched all the time and their errors cannot be overlooked anymore, at least not on the bigger stage. That was one of the reasons behind the introduction of the highly controversial VAR from 2016, designed to improve impartiality and clarity in football refereeing. However, it is highly unlikely that it will stop the booing and abuse from the crowd or even the question mark hanging over the neutrality of the impartial match official.

Swiss Sports History

This text was produced in collaboration with Swiss Sports History, the portal for the history of sports in Switzerland. The portal focuses on education in schools and information for the media, researchers and the general public. Find out more at sportshistory.ch

Further posts