Õigushiired

Õigushiired is a term used in political theory and ethics to denote a class of rights that emerge from or are anchored in normative claims about rightful authority and social reciprocity. In discussions, the concept is used to analyze how legal rights align with moral justifications for state or societal power, and how rights are distributed among individuals and groups. The term is primarily used in Estonian-language scholarship and online discourse, and there is no single, universally accepted definition. Common strands define Õigushiired as rights that are justified by their contribution to social order, equality before the law, and respect for autonomy, while limiting or reshaping rights that conflict with collective welfare or other rights.

The framework emphasizes three criteria: legitimacy (authority to grant or enforce rights), necessity (rights should be necessary to prevent harm or promote welfare), and proportionality (the extent of rights granted should bear proportion to the legitimate aim). It is often invoked in debates about surveillance, digital privacy, property, and due process in modern democracies, as a way to balance individual entitlements with public interests.

Critics argue that the term is vague and overlaps with established concepts in rights theory, such as natural rights, legal rights, or social rights, and that it risks conflating moral justification with legal sanction. Proponents counter that it provides a practical heuristic for evaluating rights claims in complex modern societies.