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.”

Baloney

January 27, 2015

When I was in high school and college I worked a different job each summer, usually looking for hard labor that would help prepare my body for the next football season, and each time confirming that it would not be my choice for lifetime employment. One summer I worked at a lumber yard and paper mill complex along the banks of the Wisconsin River.

Every day I ate lunch with the men who had made this their life’s work; and I grew in ways both positive and negative as I listened to their conversations and tales. We all brought our own lunch pails.

One day, one of the more veteran employees opened his lunchbox and flew into a rage. “I can’t believe it,” he exclaimed. “Baloney again! I hate baloney.”

Trying to calm him down, another worker said, “If you hate baloney so much, just ask your wife to make you something else.”

To which the complainer replied, “That won’t work. I make my own lunches,” which resulted in an uproar of laughter from the rest of us.

I thought of this incident recently as I was preparing to meet with constituents about the rules they most love to hate: policies relating to coach and player contact out of season. Those are our most criticized rules.

But it occurs to me, if we don’t like the sandwich we’re eating – out-of-season coaching rules – we should remember: we made them ourselves, and we can change them. In fact, no one is in a better position to do so than we are. And no one has a greater duty to do so than we have, if we really are in need of a new recipe.