Diversity: Taxonomies, Sources, and Legal Structures (Chapter 2)

Abstract

Here, I sharpen the idea of diversity by analyzing it in three different dimensions: the different ways diversity can be defined, classified, and measured; the sources of diversity; and the kinds of rights that law can use to regulate it. First, I develop taxonomies of diversity by introducing a group of clarifying distinctions - for example, normative vs. descriptive diversity; individual vs. group diversity; demographic vs. substantive diversity; and official vs. unofficial diversity. Second, I discuss the various sources and causes of diversity: individual and group psychology; geophysical factors; historical factors; the market; constitutional structure; sub-constitutional structures and institutions; and ideology. Finally, expanding on Robert Post's analysis, I discuss how different forms of legal protection - individual rights, group rights, and devolution of authority - can and do structure diversity.