<p>Social rights have long enjoyed an ambiguous relationship with capitalism, largely on the basis that the logic of the former is incompatible with that of the latter. Equally, these rights share a somewhat ambiguous relationship with left-wing political outlooks and Marxist theory. This paper will set out a Marxist critique of social rights that, in the face of a hegemonic crisis of social reproduction, clarifies the aims of social rights (essentially the legal regulation of social reproduction on the basis of rights) are more urgent than ever in the face of a hegemonic crisis but that the form of legal rights may not be the most suitable way to pursue these aims. It will be demonstrated that hegemonic structures of accumulation give rise to a juridical framework tends to condition the contestation of social reproduction into acceptable forms but also reconstructs rights in accordance with accumulation strategies. This means that rights offer a meagre form of resistance to capitalism. Making note of a crisis of legitimacy born out of a crisis of social reproduction of the hegemony of financial and technological capitalism, some thoughts will be offered on the role of law in engaging in counter-hegemony. Because the ‘juridification’ of the sphere of social reproduction and its reconstruction of rights offer significant advantages to hegemonic projects, it will be argued that alternative approaches will be needed to attempt to politicise the struggle over reproduction and redistribution.</p>