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.”

Controlled Fires

July 24, 2012

Forest fires have recently been scorching the United States with unusual reach and rage.  Infernos in the Upper Peninsula of Michigan, as well as Arizona, Colorado, Idaho, Nevada, New Mexico, Oregon, South Dakota, Utah and Wyoming, have made news in our state.

Behind the headlines of the lightning-ignited 150-square-mile devastation near Fort Collins, Colorado is the analysis of forestry and conservation experts that it has been the absence of small fires that has helped to fuel the large fire.  Turns out that Smokey the Bear’s campaign to prevent forest fires may be partly at fault.

In most of life, little problems here and there help to avoid larger problems later.  The little fires consume the fuel that would feed a catastrophic conflagration exploding out of pent-up fears or frustrations or long-festering problems.

Even those who work in the “prevention business” – whether that’s the US Forest Service or a statewide athletic association – must tolerate a few fires.  They can have positive, productive effects, one of which is to keep small problems from growing large and more destructive.