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.”

Suspicious Solutions

January 17, 2017

Fifty-two weeks ago yesterday I had hip replacement surgery on my right side. My recovery was so speedy that most people outside the offices of the Michigan High School Athletic Association never noticed, and I was back to my normal activities and workouts very quickly.

But gradually during late summer and then dramatically in early November, my body reacted. It has been giving me pain from hip to foot on my left side, a limp I can’t disguise, and a metaphor for this message.

It appears that correcting one thing adversely affected another thing; and the second problem is much more painful than the first one was.

So-called solutions often have unintended consequences, worse than the original problem. For example:

  • Every expansion of the MHSAA Football Playoffs has had an effect opposite of what was intended. Each has added additional stress on local scheduling and league affiliations; and each expansion has increased the likelihood of repeat champions.
  • Seeding MHSAA Basketball Tournaments, seen by some people as a solution so that the best teams will square off later in the tournament trail, will have those same consequences – stress on scheduling and leagues, and more repeat champions.

  • Relaxing requirements for cooperative programs once seemed like a good thing, but now it is more frequent that schools take the easy route – sending their students off to play on another school’s team – rather than doing the hard thing – providing and promoting the sport themselves. The former provides far fewer participation opportunities than the latter – the opposite of the intended purpose for cooperative programs.

  • Charter schools and School of Choice policies were supposed to force schools to improve through competition, but this “solution” devastated neighborhood schools. These policies didn’t “empower” parents, they created estrangement between schools and communities.

I could go on. The point is, my limp is a reminder to be on the lookout for the new problems inherent in so-called solutions.