by Landesberger
[Title Page and Publication Details]: Title page and publication information for Dr. Julius Landesberger's dissertation speech on the historical development of the rule of law, delivered at the University of Vienna. [Foreword]: The author provides context for the publication of his dissertation speech, noting that it is printed as delivered with minor omissions of introductory ceremonial remarks. [Methodological Foundations of Public Law]: Landesberger discusses the inherent instability of public law concepts compared to private law, arguing that the state's self-binding nature creates a unique tension between legal norms and existential necessity. He advocates for a historical method to understand how the abstract idea of the 'Rechtsstaat' (rule of law) is realized through historical development rather than pure theory. [The Kantian Rechtsstaat and the Welfare State Critique]: The author examines Immanuel Kant's formulation of the Rechtsstaat as a teleological principle where the state's sole purpose is to protect law and freedom. This theory served as a strict negation of the German 'Welfare State' (Wohlfahrtsstaat) principle, which had previously prioritized state-defined utility over individual legal personality and autonomy. [The Shift from Kantian Idealism to the National Culture State]: Landesberger describes how historical events like the French Revolution and the collapse of the Holy Roman Empire moved beyond Kantian abstractions. He highlights Johann Gottlieb Fichte's role in redefining the state not as a mechanical contract, but as an organic 'Culture State' (Culturstaat) rooted in the living unity of the nation and its historical development. [The Modern State and the Role of Society]: This section explores the transition to the modern 19th-century state, characterized by a unified state will and the emergence of 'Society' as a distinct factor. Landesberger discusses Rudolf von Gneist's views on social class interests and argues that the modern state must balance its 'omnipotent' cultural tasks with the free activity of social groups within a legal framework. [Historical Evolution of State-Society Relations]: The author traces the relationship between state and society from theocratic and feudal forms to the absolute state of the 16th century, which destroyed medieval social structures to monopolize welfare. This led to the reaction of the 'Third Estate' and the modern constitutional movement, establishing civil society and human rights as barriers against state power while ensuring equality before the law. [Representation, Self-Government, and the Ethical Rechtsstaat]: In the concluding section, Landesberger defines the representative constitution and self-government as the forms through which society's interests are harmonized with the state will. He argues that the Rechtsstaat is ultimately an ethical organization that binds itself to its own laws. He concludes by linking these legal principles to the Austrian context and the imperial motto 'Viribus unitis'.
Title page and publication information for Dr. Julius Landesberger's dissertation speech on the historical development of the rule of law, delivered at the University of Vienna.
Read full textThe author provides context for the publication of his dissertation speech, noting that it is printed as delivered with minor omissions of introductory ceremonial remarks.
Read full textLandesberger discusses the inherent instability of public law concepts compared to private law, arguing that the state's self-binding nature creates a unique tension between legal norms and existential necessity. He advocates for a historical method to understand how the abstract idea of the 'Rechtsstaat' (rule of law) is realized through historical development rather than pure theory.
Read full textThe author examines Immanuel Kant's formulation of the Rechtsstaat as a teleological principle where the state's sole purpose is to protect law and freedom. This theory served as a strict negation of the German 'Welfare State' (Wohlfahrtsstaat) principle, which had previously prioritized state-defined utility over individual legal personality and autonomy.
Read full textLandesberger describes how historical events like the French Revolution and the collapse of the Holy Roman Empire moved beyond Kantian abstractions. He highlights Johann Gottlieb Fichte's role in redefining the state not as a mechanical contract, but as an organic 'Culture State' (Culturstaat) rooted in the living unity of the nation and its historical development.
Read full textThis section explores the transition to the modern 19th-century state, characterized by a unified state will and the emergence of 'Society' as a distinct factor. Landesberger discusses Rudolf von Gneist's views on social class interests and argues that the modern state must balance its 'omnipotent' cultural tasks with the free activity of social groups within a legal framework.
Read full textThe author traces the relationship between state and society from theocratic and feudal forms to the absolute state of the 16th century, which destroyed medieval social structures to monopolize welfare. This led to the reaction of the 'Third Estate' and the modern constitutional movement, establishing civil society and human rights as barriers against state power while ensuring equality before the law.
Read full textIn the concluding section, Landesberger defines the representative constitution and self-government as the forms through which society's interests are harmonized with the state will. He argues that the Rechtsstaat is ultimately an ethical organization that binds itself to its own laws. He concludes by linking these legal principles to the Austrian context and the imperial motto 'Viribus unitis'.
Read full text