Limitations of Rules
November 15, 2013
Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.
Dov Seidman writes in how: Why HOW We Do Anything Means Everything: “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”
The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.
While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”
We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”
Oyster Stew
November 13, 2015
Jonathan Swift, an 18th Century writer I was introduced to as an English major in college, grabbed my attention and loyalty with the statement, “He was a bold man who first ate an oyster.”
I’ve hated oysters for their look, their texture and their taste; and also because, as a child, oyster stew was the Christmas Eve fare that stood between me and the time when we could begin opening presents under the Christmas tree.
But I have loved Swift’s metaphor.
Imagine the courage – or the desperation – of the first person to eat an oyster … or any other ugly, slimy critter ... raw!
But it is often this person, bold or desperate enough, who looks past appearances to tackle something of such unpleasant prospects, who actually makes the discovery or connects the dots or makes the breakthrough necessary for real progress.
What are the most unappetizing issues before us? Transfers? Football scheduling? Specialization? What unappealing solutions might we be avoiding because they look so awful? Are we bold enough to take a bite out of them?