The most unique disadvantage of formal identities, relative to ascriptive and elective ones, is that they are confounded by dynamic identities: identities that change over time or depend on context.

The most unique disadvantage of formal identities, relative to ascriptive and elective ones, is that they are confounded by dynamic identities: identities that change over time or depend on context. Formalities leave documentary traces that “inhibit forgetting.” The idea that a past formality might estop an individual from claiming a different identity is based on an understanding of identity as impervious to change or reformulation depending on context. But people do not always experience identity in this static and acontextual way. Researchers have found that many multiracial individuals change their racial identifications in different situations and over their lifetimes. For example, consider a multiracial woman who is only willing to identify as such if she believes her employer’s diversity program is genuine as opposed to tokenizing. The effects can be passed down through the generations, as one whose ancestors did not sign the Dawes Rolls may not have a claim to tribal membership. Or a person whose parents brought her to the United States without pursuing immigration formalities may find herself estopped from claiming U.S. citizenship. This estoppel problem is a growing risk as technology facilitates better collection and retention of records.

Jessica A. Clarke, “Identity and Form,” California Law Review, Volume 103, Number 4 (August 2015), 882. http://www.californialawreview.org/1identity_form/.

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