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.”

The Problem with Exceptions

November 22, 2011

Picking up where my last blog left off, this posting presents two more of six lessons that experience has taught me during my enriching years with the MHSAA.

Lesson No. 2:  Beware of bad precedent.

An exception today that doesn’t seem to matter much is almost certain to be recalled and used against you tomorrow when it really does matter. People have poor memories for most things, but they have long memories for exceptional things, like making an exception to a rule.

A corollary to this lesson is that “no good deed goes unpunished.”

Lesson No. 2 is closely related to Lesson No. 3:  The path of least resistance usually is not.

Making an exception for a squeaky wheel will likely lead to more noise, not less.

One corollary to this lesson is that there will be more fallout when people believe you have ignored rules than when people believe you have been heartless in applying the rules as stated.

A second corollary to this is that following the rules is the safest harbor during stormy seas.