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.”
The Limitation of Rules – Part 1
September 2, 2016
From the age of 10 to 20, my position as a baseball player was catcher. Sometime during that decade I was taught to return the ball to the pitcher with authority, with a snap throw from my ear, targeting the glove-side shoulder of the pitcher.
I caught every inning of every game, including doubleheaders. In those years, there was less concern than today for protecting the arms of pitchers, and there was no thought given to the throwing arms of catchers.
Today, the shoulder of my throwing arm is shot; I cannot throw a ball overhand with any force.
But here’s the thing. I didn’t ruin my throwing arm in youth and school baseball; I wrecked it as an adult doing silly things with a tennis ball on the beach with my teenage son. We had a blast for a summer afternoon, and I’ve paid for it the rest of my life.
The point of this brief baseball bio is to demonstrate an example of the limitations of rules.
We can identify dozens of risks to student-athletes and we can promulgate an equal number of rules to help them avoid injuries in our programs; but we cannot protect them against a lack of common sense in our programs or accidents in other aspects of their lives.
Even if we implement new rules to limit the number of pitches by a player, what good is that if, after reaching the limit, the pitcher and catcher switch positions? Do we need a rule to address that coaching decision too?
Do we need rules that prohibit large students from practicing against small, or experienced players from competing against inexperienced? How would we ever monitor or enforce such rules? Where do rules leave off and common sense take over?
Even if we put players in bubble wrap for sports, what do we do about their decisions away from sports, perhaps in vehicles, with their friends and their cell phones? Where do laws and rules stop, and personal responsibility start?