Human Rights as Metaphor for Political Community beyond the Nation State

Abstract

One generally enjoys rights, if at all, then only as a member of a particular political community. The nation state’s territorial sovereignty precludes the possibility of human rights. I propose a ‘human rights state’ whose members seek the corresponding nation state’s embrace of human rights. It functions as a metaphor with ‘deontic power’, with each member carrying these deontic powers in a ‘human rights backpack’. Metaphorical thinking is more plausible than theology or metaphysics on the approach I adopt: social construction. Accordingly, all norms are human inventions and at best emerge through ongoing self-reflective politics: rejected or embraced on the basis of critical examination and justification. Creating justice begins with an act of imagination, envisioning better alternatives, and resisting taking for granted many aspects of the communities we are born into. Metaphorical thinking facilitates creating justice in this sense: limiting the sovereignty of the nation state to the extent necessary to allow for human rights.