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.”
Correctable Error
January 17, 2014
I have written at other times and places that if it had been the stated purpose of our state’s and country’s chief executives and legislators for the past 20 years to weaken public education, they would have done exactly what they have done. They have spoken about strengthening schools and improving education, but their actions have done the opposite.
This is precisely the point of the richly researched Reign of Error, The Hoax of the Privatization Movement and the Danger to America’s Public Schools by Diane Rovitch (Alfred A. Knopf, 2013).
Competition, choice and corporate influence are all attacked, as are the misuse and overuse of standardized testing and the excessive reliance on e-education.
The author’s prescription for schools is not everything new and different, but removal of politicians and profiteers. And, catching my attention most, Rovitch writes:
“As students enter the upper elementary grades and middle school and high school, they should have a balanced curriculum . . . Their school should have a rich arts program where students learn to sing, dance, play an instrument, join an orchestra or band, perform in a play, sculpt, or use technology to design structures, conduct research, or create artworks. Every student should have time for physical education every day . . . Every school should have after-school programs where students may explore their interests, whether in athletics, chess, robotics, history club, dramatics, science club, nature study, scouting or other activities.”
The kinds of programs that the MHSAA promotes and protects are the keys to the type of education students want, need and deserve. And I admire every school that provides these programs in spite of all that has conspired against them for two decades.