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.”

Sounds of Silence

April 12, 2015

I write in the early morning hours for the same reason birds sing then – it’s quiet. Birds can hear their voices, and I can hear my thoughts.

It is during the uncontested moments of the day that I can try out ideas – test them on paper. Yes, on paper! My most creative and productive process still employs a legal pad, a pencil and an eraser. The physical process of writing the words, looking at them, and often erasing what doesn’t make sense to my mind or sound right to my ear as I read it aloud.

The task of written communication has become more difficult during the four decades I’ve been engaged in this enterprise. While the work has become more complex and requires more nuanced discussion, the space available for careful comment has been reduced. Pretending cleverness or profundity, texts and tweets often do more harm than good to promote creative and productive discourse.

I am rarely provided the luxury of long-form journalism in this modern age. Even a “feature” article in a prestigious national professional journal is expected to be less than 1,500 words.

Modern scribes must boil down complicated matters to brief blogs like this one, hoping in a few short paragraphs to share an insight worth reading and to suggest a response worth doing.

The insight here? Silence is golden.

The suggested response? Seek a solitary space to describe and defend what it is that you hear in that silence.