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The Human Rights State - Justice Within and Beyond Sovereign Nations (Hardcover)
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The Human Rights State - Justice Within and Beyond Sovereign Nations (Hardcover)
Series: Pennsylvania Studies in Human Rights
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The nation state operates on a logic of exclusion: no state can
offer citizenship and legal rights to all comers. From the logic of
exclusion a state derives its sovereign power. Yet this exclusivity
undermines the project of advancing human rights globally. That
project operates on a logic of inclusion: all people, regardless of
citizenship status or territorial location, would everywhere be
recognized as bearers of human rights. In practice, human rights
are afforded, if at all, then only to citizens of those few states
that sometimes regard human rights as moral necessities of domestic
commitments-or for states that find that stance politically
expedient for the moment. This discouraging reality in the first
decades of the twenty-first century prompts the question: What
political arrangement might better conduce the local embrace and
enduring practice of human rights? In The Human Rights State,
Benjamin Gregg challenges the conviction that the nation state can
only have a zero-sum relationship with human rights: national
sovereignty is possible or human rights are possible, but not both,
not in the same place, at the same time. He argues that the human
rights project would be more effective if established and enforced
at local levels as locally valid norms, and from there encouraged
to expand outward toward overlaps with other locally established
and enforced conceptions of human rights grown in their own local
soils. Proposing a metaphorical human rights state that operates
within or alongside a nation state, Gregg describes networks of
activists that encourage local political and legal systems to
generate domestic obligations to enforce human rights. Geographic
boundaries and national sovereignties would remain intact but
diminished to the extent necessary to extend human rights to all
persons, without reservation, across national borders, by rendering
human rights an integral aspect of the nation state's constitution.
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