The Rechtsstaat in a Substantive and a Formal Sense: Revisiting the Theory Development of the 1830s and 1840s
The concept of “Rechtsstaat” developed in the 1830s and 1840s in the German constitutional discussion. Robert von Mohl developed the concept in a substantive sense and Friedrich Julius Stahl then developed it in a formal sense. In this article, the theories of the two scholars are first explained and analysed in the context of their understandings of the State and the law as well as the philosophi
