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Contents Preface vii 1. Introduction: Group-Differentiated Rights 1 Group-Differentiated Rights as a Distinct Form of Right 1 The Contemporary Debate Over Group-Differentiated Rights 4 The Approach of this Book 9 An Overview of the Book 19 2. Collective Aspects of Legal Rights 25 Rights and Individualism 25 The Language of Rights and Groups 27 Collective Aspects of Rights 31 3. Law and Social Categories 49 Formal Justice and Legal Generality 49 Legal Rights and Categorization 55 Law and Social Cognition 59 The Nature of Social Categories 63 Fuzzy Sets and Legal Indeterminacy 68 Social Labeling and Law as an Agent of Socialization 71 4. Rights and Social Groups 83 Rights and Identity 83 The Nature of Social Identity 85 Social Groups: Some Definitions and Ambiguities 89 Social Salience and Identity Types 94 Legal Rights and the Constitution of Social Groups 103 5. Liberal Membership 117 The Concept of Membership 118 Liberal Multiculturalism: Autonomy and Toleration 132 The Liberal Self: Constitutive Autonomy 140 Constitutive Autonomy and Value Pluralism 145 Liberalism, Membership, and Exclusion 148 6. The Universalist Critique 159 Universalistic Liberalism 160 Universalism and Difference 165 Formal Equality and Constitutive Autonomy 172 7. Three Models of Group-Differentiated Rights 179 The Constitution of Social Groups: Ascriptive Exclusion 179 The Constitution of Social Groups: Affirmation 188 The Constitution of Cultural Groups: Self-Exclusion 194 Group-Differentiated Rights and Self-Invention 209 Index 211
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