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.”

Beyond Fairness

April 11, 2017

One of the lessons I learned decades ago when I was employed at the National Federation of State High School Associations (NFHS) is that sometimes the playing rules are not fair.

The NFHS is the publisher of playing rules for most high school sports, and its rule books govern competition for most of the contests for most of the high schools in the U.S.

But the NFHS doesn’t publish the most fair rules. On purpose.

The rules for the high school level attempt to do much more than promote competitive equity, or a balance between offense and defense; they also attempt – without compromising participant health and safety – to simplify the administration of the game.

Unlike Major League Baseball, where umpires officiate full-time, and professional basketball, football and ice hockey where they officiate nearly full-time, the officials at the high school level are part-timers. They have other jobs. This is their avocation, not their vocation.

So the NFHS develops and publishes rules that minimize exceptions to the rules. In football, for example, there are fewer variables for determining the spot where penalties are enforced.

At the high school level, the rule makers intend that the rules be – for players, coaches and officials alike – quicker to learn, simpler to remember, and easier to apply during the heat of contests.