Problematyka praw obywatelskich w świetle poglądów Roberta von Mohla

Paweł Lesiński

doi:10.17951/sil.2021.30.1.181-196

Abstract

The main object of the presented article is to prove that, according to Robert von Mohl’s views on the idea of civil rights, he should be classified as the exponent of moderate early German liberalism. The first section of the study drafts a background for its next two parts. It presents the socio-political circumstances of the German states from the beginning of the 19th century to the developments of the Springtime of the Peoples. The analysis of the German scholar views on the citizenship’s idea in the context of the Rechtsstaat and basic rights notion is undertaken in the second part of the article. In the third part, it is proved, that von Mohl was a thinker who chose the path of the “golden mean”. Regarding the citizen’s position in state, on the one hand, he proposed a substantial catalogue of civil rights. On the other hand, he didn’t support the idea of universal political rights.

Highlights

The article aims to demonstrate the thesis that the perception of the concept of civil rights by German scholar Robert von Mohl may classify him as a representative of moderate German liberalism of the first half of the 19th century
M The main object of the presented article is to prove that, according to Robert von Mohl’s views on the idea of civil rights, he should be classified as the exponent of moderate early German liberalism
There is the analysis of the catalogue of civil rights typical of the idea of the rule of law presented by von Mohl

Summary

INTRODUCTION

The article aims to demonstrate the thesis that the perception of the concept of civil rights by German scholar Robert von Mohl may classify him as a representative of moderate German liberalism of the first half of the 19th century. For von Mohl, Rechtsstaat was one of the forms of the state he distinguished (alongside the patriarchal, patrimonial, theocratic, classical and despotic models) According to him, it characterised naon the issue of electoral law in the German territories in the 19th century, see A.S. Kahan, Liberalism in Nineteenth-Century Europe: The Political Culture of Limited Suffrage, New York 2003, pp. One aspect of the substantive dimension of the idea of state governed by the rule of law in von Mohl’s view will be the concepts relating to the broadly understood position of the individual in this form of State. They materialise when discussing his views on the idea of fundamental rights.. M organised according to the idea of Rechtsstaat. They should be defined as a set U of basic principles determining the rules of state-citizen relations

CATALOGUE OF CIVIL RIGHTS

Another right distinguished by von Mohl included personal freedom of citizens

CONCLUSIONS

Literature