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.”
A Backhanded Compliment
April 17, 2012
A year ago this month I listened to the attorney for another statewide high school athletic association pose this question: “Why is it that people quite readily accept inflexible age limitations over a broad spectrum of American life, including sports, but presuppose it is wrong for school sports?”
This attorney was in the middle of a controversy that more recently has visited the MHSAA: an overage student seeking relief from a universally applied maximum age rule. The speaker was perplexed and frustrated by the double standard.
Part of the reason for the double standard rests in the reality that people value the school sports experience so much more than other parts of life, including other sports experiences. Because they want the opportunity to play, they resort to litigation in an attempt to create the right to play.
Another part of the reason school sports is challenged on an issue on which other programs get a free pass is that school sports has a centralized authority, close to home. State high school associations are readily accessible targets, easier both to find and to fight with than most other entities with age restrictions.
And, of course, part of the reason for the double standard is the proximity of interscholastic athletics to academics – the former extracurricular, the latter curricular – the former a privilege for most teenagers, the latter a right of all citizens to age 26.
The reasons school sports are attacked on this issue while other entities are not are reasons really complimentary to school sports: the program is popular, accessible and connected to education. None of these features of school sports, or its age limitation, should change.