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.”

Ice Hockey Penalties

May 27, 2014

After each rules committee of the National Federation of State High School Associations meets, the list of changes is sent to all member state high school associations for advance examination before being finalized and publicized.

Recently, I took special notice of the work of the NFHS Ice Hockey Rules Committee. What caught my attention first was the brevity of its list of rules changes for 2014-15 – just three items. And then I was struck at the stated purpose of each of the three changes: risk minimization.

  • The penalty for a check, cross-check, elbow, charge or trip that causes the opponent to be thrown violently into the boards is no longer a Major or Minor – it’s a Major (five minutes).
  • If a check is flagrant or causes the opponent to crash head-first into the boards, a Major and Misconduct or Game Disqualification penalty must be assessed.
  • The penalty for a push, charge, cross-check or body-check from behind in open ice is no longer a Minor and Misconduct – it’s a Major.

Only three rule changes .. three tougher penalties.

Committee chair Tom Shafranski of Wisconsin commented after the meeting: “In each case, the rule has been strengthened for officials to assess a stronger penalty than in the past – a good strategy for further protection of high school hockey players ... There will likely be traditionalists who don’t agree with the increase in penalty time; however, boarding and checking from behind (even in open ice) are high school hockey’s most dangerous contact situations.”

MHSAA Assistant Director Cody Inglis serves on the NFHS Ice Hockey Rules Committee and supported these changes.