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.”
A Rite of Spring
March 21, 2015
It is inevitable in March, as predictable as May flowers after April showers, that the weeks of District Basketball Tournaments will bring criticism, and calls to seed those tournaments so top ranked teams don’t face one another in early round games.
The MHSAA’s tournament has been unseeded for 90 years; and while we should never be slaves to the past, we should always be respectful and appreciate that smart people of previous generations had many of the same discussions we are having today; and they determined that the blind draw was best.
While the preference for the blind draw has prevailed in recent years, the almost addictive attention of the media and public to the “bracketology” of NCAA basketball tournaments appears to have improved the chances that some form of seeding will eventually be applied to the MHSAA Basketball Tournament and, in doing so, join a half dozen other sports for which the MHSAA employs at least a limited seeding plan for at least one level of those tournaments.
The challenge before us is not intellectual – seeding tournaments is not rocket science. No, the challenge is political – forming consensus for a plan that does not lead to extra travel and expense for participating schools, and that can be easily understood and simply administered at multiple sites. We are talking about 256 District tournament sites – 128 each in the Girls and Boys Basketball Tournaments. The problems and pitfalls of seeding tournaments of this magnitude are nothing the colleges have tried to tackle.
And no one should be deluded that seeding is a “no-brainer” that “everyone supports.” That is not accurate. There are many people who enjoy the fact that there are top-notch matchups every night of the District tournament weeks, and not all delayed to the nights of District finals. And there will be little enthusiasm from poorly seeded teams which are forced to drive past a closer opponent to get clobbered by a more distant opponent.
While postseason tournaments are the MHSAA’s “bread and butter” program, tournament seeding is not a defining or fundamental issue of educational athletics that requires our urgent or concentrated attention. Promoting participant health and safety, for example, demands much more attention. I’m not opposed to seeding; I just don’t give it the same importance as so much else we are challenged to do.