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.”
Shortsighted Reform
April 16, 2013
Our posting of March 29 (“Hit Again”), about the mistakes being made in the guise of reforming education, struck a nerve with readers. And since then, writers with wider audiences have offered similar commentaries, including DeWayne Wickham writing for Gannett as his words appeared on LSJ.com on April 3, 2013:
“The fight against public school closings has become the new civil rights battle in this country – and rightfully so. Faced with a billion dollar budget deficit, Chicago’s public school system is the most recent urban district to announce a massive closure of schools. The city intends to shutter 61 elementary buildings, nearly all of them in black and Hispanic neighborhoods.
“That’s a penny-wise-and-pound-foolish decision that condemns the neighborhoods surrounding these soon-to-be-boarded-up schools to further decline. ‘We have resources that are spread much too thin,’ Todd Babbitz, the chief transformation officer (no kidding that’s his title) of Chicago’s troubled school system, told the Chicago Tribune. Over the next decade, school officials predict that these closings will save the school system $560 million. But first the city will have to spend $233 million to move students into classrooms elsewhere.
“Even if the school closings actually produce savings, the damage they will produce to the neighborhoods left without public schools will be catastrophic. While poverty and crime have decimated the population of many inner city neighborhoods, shutting down schools in those troubled areas will depopulate them even faster. The result will be a growing expanse of urban wastelands that could well deepen the budget deficits of the cities that are closing public schools.
“Politicians and school officials must be challenged to justify their school closing decision beyond the deal making of Chicago’s City Council. The U.S. Department of Education’s civil rights division is investigating complaints that claim the decisions of several urban school districts amount to a civil rights violation. If the school closings don’t violate the letter of the law, they sure seem to trample upon its spirit. For example, officials in Chicago and elsewhere should turn these school buildings into hubs for nonprofit organizations and other public services. Why not use the empty space to house police substatations, public health clinics, recreation centers and a mayor’s station?
“School systems in Philadelphia, Washington, D.C., Detroit and Newark have announced plans to close public schools, and in every case blacks and Hispanics will bear the biggest burden of these cost-cutting measures. These decisions signal an indifference to the damage such policy decisions will have on the neighborhoods.
“‘If we don’t make these changes, we haven’t lived up to our responsibility as adults to the children of the city of Chicago,’ Mayor Rahm Emanuel said. That’s a pretty shortsighted analysis of a problem that will render large swaths of Chicago’s black and Hispanic neighborhoods uninhabitable education wastelands.”