The Law of Group Polarization

This working paper lays out the dynamics and consequences of group polarization, where group members’ opinions shift toward more extreme positions following group discussion. Drawing on psychological studies and empirical evidence, Sunstein argues that polarization arises from two main mechanisms: social comparison (people aligning with perceived group norms) and informational influence (persuasive arguments reinforcing a stance). He examines the implications for jury behavior, political deliberation, and online discourse, and connects these tendencies to legal frameworks, suggesting that unchecked group polarization may undermine democratic processes.

From University of Chicago Law School, Chicago Unbound Program

Author: Cass R Sunstein