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 - #1

May 29, 2018

I would prefer that the 51 organizations which make up the membership of the National Federation of State High School Associations would not waste another breath talking about the NFHS conducting national athletic events. But just about as frequently as U.S. presidential elections, the topic returns to NFHS meeting agendas.

About a third of NFHS member associations are somewhat in favor of national events, another third are strongly opposed, and a final third won’t offer an opinion until they are provided more details of what a national event would look like.

Most of this undecided group will reject anything that is in the nature of a national high school championship ... anything that would follow or extend seasons and diminish their own state high school championships. Most of this undecided group will reject anything involving team sports.

That has led to talk of a summertime track & field invitational event. Like dozens of other such events available to individual students without any time or expense for their schools.

Even then, there would be hours of debate about who would be invited and how, what specific track & field events would be contested, as well as when and where the event would be held. And who would pay. And what would be the fate of state associations’ existing policies which limit when, where and how much their member schools’ students may compete.

Even if the planners choose a path of least resistance for a national event, the devil will be found in the details.

While many will be busy sweating the small stuff, this association will focus on a more fundamental question: “How could the NFHS ever presume to conduct events that would cause some of its member high school associations’ schools and students and coaches to violate existing rules of their state associations?”