Wylie, J., & Gantman, A. (2023).
Cognition, 231, 105323.
https://doi.org/10.1016/j.cognition.2022.105323
Abstract
Rules are meant to apply equally to all within their jurisdiction. However, some rules are frequently broken without consequence for most. These rules are only occasionally enforced, often at the discretion of a third-party observer. We propose that these rules—whose violations are frequent, and enforcement is rare—constitute a unique subclass of explicitly codified rules, which we call ‘phantom rules’ (e.g., proscribing jaywalking). Their apparent punishability is ambiguous and particularly susceptible to third-party motives. Across six experiments, (N = 1440) we validated the existence of phantom rules and found evidence for their motivated enforcement. First, people played a modified Dictator Game with a novel frequently broken and rarely enforced rule (i.e., a phantom rule). People enforced this rule more often when the “dictator” was selfish (vs. fair) even though the rule only proscribed fractional offers (not selfishness). Then we turned to third person judgments of the U.S. legal system. We found these violations are recognizable to participants as both illegal and commonplace (Experiment 2), differentiable from violations of prototypical laws (Experiments 3) and enforced in a motivated way (Experiments 4a and 4b). Phantom rule violations (but not prototypical legal violations) are seen as more justifiably punished when the rule violator has also violated a social norm (vs. rule violation alone)—unless the motivation to punish has been satiated (Experiment 5). Phantom rules are frequently broken, codified rules. Consequently, their apparent punishability is ambiguous, and their enforcement is particularly susceptible to third party motives.
Here's my quick summary:
This research explores the concept of "phantom rules". Phantom rules are rules that are frequently broken without consequence for most, and are only occasionally enforced, often at the discretion of a third-party observer. Examples of phantom rules include jaywalking, speeding, and not coming to a complete stop at a stop sign.
The authors argue that phantom rules are a unique subclass of explicitly codified rules, and that they have a number of important implications for our understanding of law and society. For example, phantom rules can lead to people feeling like the law is unfair and that they are being targeted. They can also create a sense of lawlessness and disorder.
The authors conducted six experiments to investigate the psychological and social dynamics of phantom rules. They found evidence that people are more likely to punish violations of phantom rules when the violator has also violated a social norm. They also found that people are more likely to justify the selective enforcement of phantom rules when they believe that the violator is a deserving target.
The authors conclude by arguing that phantom rules are a significant social phenomenon with a number of important implications for law and society. They call for more research on the psychological and social dynamics of phantom rules, and on the impact of phantom rules on people's perceptions of the law and the criminal justice system.
