On the Concept of Rights Differentiation: Binary and Token Forms

Abstract

Contemporary migration regimes differentiate rights not only between citizens and foreign residents but also among foreign residents according to the particular citizenships they possess. This article argues that the prevailing concept of rights differentiation (RD) in normative political theory inadequately captures this second form. I distinguish binary differentiation, based on possession of receiving-state citizenship, from token differentiation, based on the particular citizenship possessed by foreign residents. I argue that methodological nationalism helps explain the predominantly binary conceptualization of RD and reconstruct the concept to accord token differentiation with distinct conceptual status. This reconstruction expands the scope and can alter the circumstances of normative justification. I demonstrate these points by engaging with egalitarian approaches. More broadly, the article shows how greater attention to conceptual structure can enhance reflexivity about the assumptions through which political phenomena are classified and normatively assessed.