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.”
Making an Impact
September 11, 2012
Here’s a provocative statement by David Gergen, professor of public policy and director of the Center for Public Policy at Harvard’s Kennedy School of Government, and a frequent political analyst for CNN: “The nonprofits making the greatest impacts these days are entrepreneurial, adaptive, outward-looking, and sometimes a little messy.”
I like that, and I think using these four features or criteria to evaluate the MHSAA now and in the mid-range future would be good for those we serve.
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Are we entrepreneurial? How could we be more so?
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Are we adaptive? Are we flexible in how we do things?
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Are we outward-looking? Are we impacting school sports broadly and deeply? Does the impact have staying power? Are schools better because of what we do? Are communities stronger for our doing it?
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Are we sometimes a little messy?
I suspect that if we are the first three – entrepreneurial, adaptive and outward-looking – then messiness is a natural byproduct. There will be starts and stops, failures before successes, changes. There will be disagreements and compromises.
I suspect that we will have to tolerate a little more messiness if we are to move forward, even faster than we have, and if we are to have impact, even greater than we have.