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.”
Diversionary Tactics Backfire
September 24, 2013
Placing a stone in your left shoe will take your mind off a blister on your right foot; but it does not solve the problem.
Faced with domestic starvation and civil unrest, many dictators have created external enemies in hopes of distracting their countrymen and women and rallying their support. Think of North Korea as just one of dozens of examples, recent to ancient. It has even ocurred in the US, recently and throughout our nation’s history: strawmen vilified to distract us from other more pressing problems.
Closer to home, it is something like this strategy that may be at work in many school districts as they restructure and rename schools, or resort to closings and charters. And something like this is behind the state and federal emphases on standardized testing and schools of choice.
And really close to home, it was something like this at work in football. Faced with thousands of former players with alleged concussion-related illnesses filing suit against the National Football League, and bad publicity mounting, the NFL focused instead on youth football. We told them this strategy would backfire; but a professional league with more money than many nations was not inclined to listen to little guys like us.
The NFL went state by state to advance concussion legislation which was long on symbolism and low on substance, and totally lacking any enforcement capabilities. In state after state, the NFL paraded young people with sad stories in front of state legislators looking for good headlines.
So today, 49 states have new “concussion” laws; and participation rates in youth football are plummeting. Big surprise. But ironically, it’s plummeting at a time when school-sponsored football is the safest it has been since it was introduced to schools 100 years ago. The equipment is the best ever, the rules the most protective ever, the coaches and officials the best trained and most safety conscious ever.
Take a look at this quick video that tells the true story about school-sponsored football.