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.”
Common Good
November 23, 2011
During the first week of July in 1995, I read an editorial by Judith A. Ramaley, president of Portland State University in Oregon, that seems as appropriate for today’s events and public policy environment as it was then. Perhaps even more so. Ms. Ramaley wrote:
“I used to think that character is how you behave when no one is looking. For most of us that may still be true. For public figures, however, character is how you behave when everybody is looking . . .
“. . . Nearly a century ago when President Woodrow Wilson was still a college professor, he said: ‘A great nation is not led by a man who simply repeats the talk of the street corners or the opinions of the newspaper. A nation is led by a man who, rather, hearing those things, understands them better, unites them, puts them into common meaning; speaks not the rumors of the street but a new principle for a new age; a man for whom the voices of the nation . . . unite in a single meaning and reveal to him a single vision, so that he can speak what no man else knows, the common meaning of the common voice.’”
As our “modern” nation heads into the heart of yet another election season, with earlier and earlier primaries leaving little separation from the last acrimonious campaigns, it is this quality above all others that I’m seeking to find in the candidates for public office: the uncommon heart and mind to unite us for the common good.