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We examined whether the enforcement of phantom rules—frequently broken and rarely enforced codified rules—varies by the race of the rule breaker. First, we analyzed whether race affects when 311 calls, a nonemergency service, end in arrest in New York City. Across 10 years, we found that calls from census blocks of neighborhoods consisting of mostly White individuals were 65% less likely to escalate to arrest than those where White people were the numerical minority. Next, we experimentally manipulated transgressor race and found that participants ( N = 393) who were high in social dominance orientation were more likely to route 311 calls to 911 when the transgressor was Black (vs. White). We also explored the subjective experience of phantom rule enforcement; People of color report they are more likely to be punished for violating phantom rules compared to White people. Overall, we find evidence of racism in the enforcement of phantom rules. 

Abstract Rules serve many important functions in society. One such function is to codify, and make public and enforceable, a society's desired prescriptions and proscriptions. This codification means that rules come with predefined punishments administered by third parties. We argue that when we look at how third parties punish rule violations, we see that rules and their punishments often serve dual functions. They support and help to maintain cooperation as it is usually theorized, but they also facilitate the domination of marginalized others. We begin by reviewing literature on rules and third‐party punishment, arguing that a great deal of punishment research has neglected to consider the unique power of codified rules. We also argue that by focusing on codified rules, it becomes clear that the enforcement of such rules via third‐party punishment is often used to exert control, punish retributively, and oppress outgroup members. By challenging idealized theory of rules as facilitators of social harmony, we highlight their role in satisfying personal punishment motives, and facilitating discrimination in a way that is uniquely justifiable to those who enforce them.