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.”

Show of Hands

July 12, 2017

Four dozen years ago, my boss, the executive director of the National Federation of State High School Associations, expressed to me his disappointment that one of the characteristics of NFHS national meetings was the much too frequent “show of hands.” That is, someone from one state would rise to ask for a show of hands on a topic: “How many states do this? ... How many states don’t? ... How many do that?”

My mentor’s point was that the time would be much better spent on a qualitative analysis of the topic, rather than a quantitative one ... a discussion of the merits of a particular policy or procedure, rather than a head count.

His message to me is recalled every time a proposal comes to the Michigan High School Athletic Association to change this or that policy and is accompanied by the meager rationale that it’s what 25 or 35 or 45 other states might do. That stat holds only mild interest for me.

Before we do anything here to be like anybody elsewhere, we need to measure the pros and cons in our place and time ... how it fits our culture or our climate, for example.

When we consider change in the start or end of seasons; or the number of interscholastic scrimmages or contests in a day, week or season; or the number of exceptions to the transfer rule or the length of ineligibility when no exception applies; or the number of classes or divisions for tournaments; or the existence or extent of seeding for a tournament; when we consider any of these things in Michigan, we need much better rationale than a show of hands.