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.”
Spitting in the Ocean
February 27, 2015
I laughed out loud when I read recently that the municipal government in Beijing, China was blaming outdoor grilling for the city’s increasingly dense smog and was banning cooking over outdoor fires.
Here is the earth’s most prolific polluter – China, and its state-run, Hell-bent-on-growth economy – telling the nice people of its capital city to stop spitting in the ocean of poison the Chinese government itself has created and still promotes.
The National Football League – whose GDP may be growing as rapidly as China’s – has acted in similar ways. Facing epidemic criticism for its handling of current and former players’ head injuries, the NFL pointed at youth football. Facing criticism for the brutality of its players toward women, the NFL prepared programs for adolescents and teens. It seems the fault is always someplace other than the NFL juggernaut.
But most times that I laugh at or criticize the blind eyes or bad faith of others, I pause to consider if we might sometimes act in similar ways. Might we be asking others to stop doing harm where we ourselves are doing more harm?
An extreme example could be that we criticize people for losing their minds at events when it is the MHSAA itself that sponsors and conducts the events of highest profile and importance ... although I will always argue that the most important events of educational athletics are the first ones – the first practices and games that introduce 7th, 8th and 9th graders to school-sponsored sports and shape their attitudes for years to come.
In any event, when any of us sees others act in ways we think are ridiculous, it would be good for all of us to then think about the ways we look ridiculous to others. And then consider if there are ways to change those perceptions.