Law & Society Review
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2026
Authors: Simón Escoffier, Leigh A. Payne and Gabriel Pereira

The Legal Mobilization of the Right Against Rights

In recent decades, powerful right-wing mobilizations have emerged globally to challenge rights expansions achieved by traditionally marginalized groups (Payne et al. 2023). These mobilizations’ targets include migrants, LGBT+ communities, women, Black, Indigenous, and People of Color (BIPOC) communities, and human rights victims; their agendas implicate rights such as reproductive autonomy, environmental protections, freedom from discrimination, and asylum (Escoffier et al. 2023). These efforts are conceptualized as “the right against rights,” that is, powerful right-wing mobilizations that seek to check, roll back, or reverse rights promoted by previously marginalized communities while restoring or advancing traditional hierarchies of rights and privileges (Payne 2023). This editorial introduces a Special Issue of Law & Society Review on right-wing legal mobilization (RWLM) and its role in challenging rights expansions achieved by marginalized groups. The four articles in the Special Issue collectively demonstrate that RWLM constitutes an enduring, strategic project through which advantaged actors weaponize democratic and legal institutions to curtail progressive rights achievements.

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