Group-Differentiated Rights and the Problem of Membership

Social Theory and Practice 37 (2):227-255 (2011)
Abstract
Justifications of group-differentiated rights commonly overlook a crucial practical consideration: if rights are to be allocated on the basis of group membership, how should we determine which individuals belong to which group? Assuming that social identities are fixed and transparent runs the risk of creating further injustices, whilst acknowledging that social groups are porous and heterogeneous runs the risk of rendering group-differentiated rights impracticable. In this paper, I develop a schema for determining group membership which avoids both horns of this dilemma.
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