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.”

Urgency

November 8, 2011

I still have in my files and in my mind Joe Klein’s Newsweek editorial of Sept. 21, 1992, that took Bill Clinton to task for his “small themes” during the closing months of his campaign for the U.S. presidency.

Never one to be shy in his bully pulpit at Newsweek (or in his then anonymously published novel Primary Colors based on the 1992 Democratic presidential primary), Klein wrote that Clinton’s late campaign efforts were “rhetorically flaccid, intellectually unadventurous, morally undemanding.”

In response, Clinton’s campaign strategist, James Carville, resorted to a sports metaphor:  “The way to the goal line is to keep running off tackle.  Four yards and a cloud of dust.”

This “take no chances, do no harm, run out the clock” spirit and strategy that so infuriated Klein will not be seen at the MHSAA.  Expectations and efforts will be in continuous crescendo no matter how close the goal line gets.  In fact, as it is with any good football team in the “red zone,” the closer the goal line looms, the greater the sense of urgency there will be.

There is no greater proof at this moment to our most inner circle of constituents – high school athletics directors – than the MHSAA’s work with ArbiterSports to become the first state high school association in America to develop, and to deliver at least initially at no cost to all member high schools, a comprehensive suite of electronic tools for athletic department administration.  This is a responsibility, and risk, that could have been left to others; but we’re being motivated by undertaking the task here and now – first in the nation – so that the product is tailor-made for high school sports, Michigan’s way.