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.”

Patience

January 20, 2015

I found it amazing that an important "test" match in cricket last month between India and Australia was scheduled for three days but could last five days, or might end after two. This flexible scheduling is just part of the game.

On one day of that match, Australia was able to bat all morning, declare a lunch break, and then keep batting most of the afternoon before India ever had an opportunity to go on offense. When they finally did, India was already behind 400 and something to zero.

It was equally intriguing to watch the fastest two of the 117 yachts entered in the 70th Sydney to Hobart Yacht Race finish the more than 628-nautical mile course within 48 minutes of each other, but 11 hours before the third place yacht. And, two days before the last of the 103 finishers. 

I decided that Australian sports fans must have a different definition of drama, a lot more patience for events of long duration, and much more tolerance for events of indefinite length than we do in the USA. Perhaps it is in the DNA of Australians to be patient ... for they are certainly among the most polite populations I've encountered.

Perhaps all of this is inherent in the character of a country that is almost as large as the USA’s first 48 states but has only seven percent of the USA’s population. In fact, China's population increases each year by more people than the total population of Australia ... which may have something to do with 36 people being killed during a human stampede in Shanghai this past New Year’s Eve.