Conformity

1. Social influences powerfully shape individual behavior and beliefs

Human beings pay close attention to the informational and reputational signals sent by others.

Informational influence: People often rely on others' actions and statements as a source of information about what is true or correct, especially in ambiguous situations. This can lead individuals to doubt their own judgment and conform to the majority view, even if it contradicts their personal observations.

Reputational influence: The desire to maintain a positive image and avoid social disapproval can cause people to publicly agree with others, even if they privately disagree. This effect is amplified in groups with strong social bonds or shared identities.

Classic experiments demonstrating social influence:

• Asch's line judgment study: Subjects conformed to incorrect group answers 37% of the time
• Milgram's obedience experiments: 65% of participants administered apparently dangerous shocks when instructed by an authority figure
• Sherif's autokinetic effect study: Individuals' judgments converged in group settings, forming arbitrary group norms

2. Conformity can lead to both beneficial and harmful outcomes

Conformity creates severe dangers. Behavior that is sensible, prudent, and courteous is likely to lead individuals and societies to blunder, simply because people fail to learn about facts or opinions from which they would benefit.

Benefits of conformity: Social cohesion, efficient decision-making, and the spread of beneficial norms and practices. Conformity can help maintain social order and facilitate cooperation within groups.

Dangers of conformity: Suppression of important information, perpetuation of errors, and stifling of innovation. When people withhold their private knowledge or doubts, groups can make poor decisions based on incomplete information.

Factors influencing conformity:

• Group size (larger groups exert more pressure)
• Unanimity (a single dissenter greatly reduces conformity)
• Task difficulty (ambiguous situations increase reliance on others)
• Individual differences (confidence, expertise, and social status affect susceptibility)
• Cultural context (collectivist cultures show higher conformity rates)

3. Informational cascades spread ideas rapidly, sometimes erroneously

Simply by virtue of what it says, and even if it is rarely enforced, law can affect the behavior of those who are unsure whether to engage in certain conduct—and also the behavior of those who are unsure whether to challenge those who engage in that conduct.

Cascade mechanics: Cascades occur when people base their decisions primarily on the observed actions of others, rather than their own private information. This can lead to rapid adoption of behaviors or beliefs, even if they are incorrect or harmful.

Fragility of cascades: Because cascades rely on limited information, they can be easily disrupted by new information or the actions of influential individuals. This explains why fads and social movements can rise and fall quickly.

Examples of cascades:

• Financial bubbles and market crashes
• Adoption of new technologies or products
• Spread of political movements or ideologies
• Emergence of fashion trends
• Viral content on social media

4. Group polarization pushes like-minded people to extremes

Groups of like-minded people are likely to go to extremes, simply because of limited argument pools and reputational considerations.

Mechanisms of polarization:

1. Limited argument pools: Discussion among like-minded individuals tends to reinforce pre-existing beliefs and generate new arguments supporting the dominant view.
2. Social comparison: People adjust their positions to maintain or enhance their standing within the group, often by adopting more extreme views.
3. Confidence through corroboration: Hearing others express similar views increases confidence in one's own position, leading to more extreme attitudes.

Consequences of polarization: Group polarization can lead to more extreme decision-making, increased intergroup conflict, and the formation of echo chambers that resist outside information. This phenomenon has significant implications for political discourse, jury deliberations, and organizational behavior.

Factors affecting polarization:

• Group composition (homogeneity intensifies the effect)
• Discussion topic (familiar, value-laden issues are more prone to polarization)
• Decision-making rules (unanimous decisions can amplify polarization)
• Presence of minority viewpoints (can moderate extremity)

5. Dissent plays a crucial role in preventing groupthink and errors

Dissenters benefit others, while conformists benefit themselves.

Value of dissent: Dissenters introduce new information, challenge assumptions, and prevent groups from making errors based on incomplete knowledge. They serve as "whistleblowers" against groupthink and can improve the quality of decision-making.

Costs of dissent: Individuals who express dissenting views often face social disapproval, reputational costs, and potential ostracism. This creates a collective action problem, where the group would benefit from hearing diverse views, but individuals are incentivized to conform.

Strategies to encourage beneficial dissent:

• Create psychological safety for expressing alternative viewpoints
• Institutionalize devil's advocate roles or red team exercises
• Reward individuals for improving group outcomes, not just for agreement
• Cultivate diverse teams with varied backgrounds and experiences
• Implement anonymous feedback mechanisms to reduce social pressure

6. Institutional design can promote or inhibit beneficial diversity

Well-functioning institutions take steps to discourage conformity and to promote dissent, partly to protect the rights of dissenters but mostly to protect interests of their own.

Promoting diversity: Institutions can be designed to encourage the expression of diverse viewpoints and prevent harmful conformity. This involves creating structures that reward the disclosure of private information and protect dissenters from retaliation.

Inhibiting diversity: Conversely, institutions that prioritize harmony, quick decision-making, or ideological purity may inadvertently suppress valuable dissent and increase the risk of errors.

Institutional design elements affecting diversity:

• Decision-making processes (e.g., voting rules, deliberation procedures)
• Incentive structures (rewards for group outcomes vs. individual conformity)
• Information flows (transparency, communication channels)
• Leadership styles (authoritarian vs. participatory)
• Organizational culture (emphasis on consensus vs. critical thinking)
• Diversity policies (recruitment, promotion, and retention practices)

7. Law's expressive function shapes behavior even without enforcement

An understanding of social influences casts new light on the expressive function of law.

Signaling effect: Laws communicate social values and expectations, influencing behavior even when not actively enforced. This expressive function works by providing information about what society considers right or wrong.

Norm management: Legal pronouncements can shift social norms by altering the perceived costs and benefits of certain behaviors. This can lead to compliance through informal social sanctions rather than formal legal penalties.

Examples of law's expressive function:

• Smoking bans in public places (high compliance with minimal enforcement)
• Seat belt laws (changing perceptions of safety and responsibility)
• Anti-discrimination laws (signaling societal rejection of bias)
• Environmental regulations (shaping corporate and individual behavior)

8. Constitutional structures aim to harness diverse views productively

The framers' greatest innovation consisted not in their belief in deliberation, which was uncontested at the time, but in their fear of homogeneity, their enthusiasm for diversity, and their effort to accommodate and to structure that diversity.

Deliberative democracy: The U.S. Constitution creates a system designed to promote reasoned debate and the exchange of diverse viewpoints. This approach aims to improve decision-making and prevent the tyranny of the majority.

Institutional safeguards: Various constitutional structures, such as bicameralism, separation of powers, and federalism, serve to create "circuit breakers" that prevent cascades and reduce the risk of extreme or ill-considered policies.

Constitutional mechanisms promoting diversity:

• Checks and balances between branches of government
• Federalism (allowing policy experimentation across states)
• First Amendment protections for free speech and assembly
• Equal protection clause promoting inclusion of minority groups
• Advice and consent process for judicial appointments

9. Diversity on courts and in education enhances decision-making

An understanding of group influences suggests the importance of ensuring a high degree of diversity on the federal bench.

Judicial diversity: Ideological diversity on courts, particularly on appellate panels, can improve decision-quality by introducing different perspectives and reducing the risk of extreme outcomes. This diversity helps counteract conformity effects and group polarization.

Educational diversity: In higher education, diversity of backgrounds and experiences can enhance learning by exposing students to a broader range of ideas and perspectives. This prepares students for engagement in a diverse society and workforce.

Benefits of diversity in decision-making:

• Introduces new information and arguments
• Challenges assumptions and reduces blind spots
• Moderates extreme positions
• Improves problem-solving and creativity
• Enhances legitimacy of institutions in diverse societies

Challenges in promoting diversity:

• Balancing diversity with other selection criteria (e.g., merit, expertise)
• Avoiding tokenism or essentialist views of group representation
• Managing potential short-term conflicts or reduced efficiency
• Addressing resistance from privileged groups

Last updated: April 14, 2025