• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Second-Order Diversity

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Second_Order_Diversity.pdf
    Size:
    2.400Mb
    Format:
    PDF
    Download
    Author
    Gerken, Heather
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/2978
    Abstract
    Much scholarship on democratic design is preoccupied with a single problem: how to treat electoral minorities in a majoritarian system. A term often deployed in those debates, particularly those focused on demographic difference, is "diversity." When scholars use the term, they usually mean that something - a class, an institution, a decisionmaking body - should roughly mirror the composition of the population. The problem with this debate is that its participants often unthinkingly extend theories about diversity derived from unitary institutions to disaggregated ones - institutions in which the governance system is divided into a number of equal subparts (juries, electoral districts, appellate panels, schools committees, and the like). Thus, despite the prevalence of such institutions, scholars have not systematically considered how to tailor our normative commitment to diversity to their unique features. This Article is a first step toward providing such a conceptual framework. It argues that we can seek at least two kinds of diversity in disaggregated institutions - first-order and second-order. First-order diversity mirrors the conventional intuition; it is the normative vision associated with statistical integration. The notion of second-order diversity, proposed here, posits that democracy sometimes benefits from having decisionmaking bodies that look nothing like the population from which they are drawn but instead reflect a wide range of compositions. The Article then deploys these two notions to examine a recurring set of trade-offs we face when designing disaggregated institutions.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2025)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.