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.”

Sweating the Small Stuff - #3

June 5, 2018

I’m sure it discouraged some of our state’s high school football coaches to learn that the Representative Council of the Michigan High School Athletic Association did not approve at its May 6-7 meeting what some people refer to as the “enhanced strength of schedule proposal” for determining 256 qualifiers to the MHSAA’s 11-player football playoffs.

There was desire among some Council members to appease those who keep trying to reduce the difficulties that a football tournament causes for regular season scheduling and conference affiliations. Others noted that the proposal, as presented, could cause as much harm to some schools and conferences as it would help others, that it did not solve the scheduling problem but shifted it.

During spirited discussion, some Council members resurrected two ideas that have been rejected previously, such as (1) doubling the playoffs once again (and shortening the regular season to eight games), and (2) coupling a six- or seven-win minimum with the revised strength of schedule criteria. The pros and cons of each idea flowed freely.

And therein is the problem. If one digs down into the details of proposals, both old and new, there are both positive and negative aspects apparent, both intended and unintended consequences likely.

There can be paralysis in analysis; but when we are dealing with more than 600 high school programs and a physically demanding sport with fewer regular-season contests permitted than in any other sport, one cannot be too careful. Eliminating one of just nine regular-season games? Increasing first-round tournament mismatches? Disadvantaging larger schools locked in leagues or areas of the state where smaller schools predominate? These are not minor matters.

And until there are sensible answers, these are not trivial questions.