rightsmaking

Rightsmaking is a term used in legal and political philosophy to describe the process by which rights are created, established, and recognized. It is distinct from the idea of discovering pre-existing, natural rights. Instead, rightsmaking suggests that rights are social constructs, forged through human interaction, agreements, laws, and social movements. This perspective emphasizes the active role societies and individuals play in shaping their entitlements and protections.

Theories of rightsmaking often explore the mechanisms through which rights come into being. These can include legislative processes where parliaments enact laws, judicial decisions that interpret existing rights or establish new ones, constitutional conventions that define fundamental liberties, and international treaties that establish universal human rights. Beyond formal legal and political channels, social activism and advocacy can also be powerful forces in rightsmaking, pushing for the recognition of rights for previously marginalized groups.

Different philosophical traditions offer varying accounts of rightsmaking. Some emphasize the role of social contract theory, where individuals implicitly or explicitly agree to certain rules and rights for mutual benefit. Others focus on deliberative democracy, where rights emerge from ongoing public discourse and the consensus-building process. The concept acknowledges that rights are not static but evolve over time, reflecting changing societal values and power dynamics. Understanding rightsmaking helps to illuminate the dynamic and human-centered nature of rights.