Jump to ContentJump to Main Navigation
Democracy, Capitalism, and the Welfare StateDebating Social Order in Postwar West Germany, 1949-1989$
Users without a subscription are not able to see the full content.

Peter C. Caldwell

Print publication date: 2019

Print ISBN-13: 9780198833819

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780198833819.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 September 2020

Rights, Citizenship, and Society

Rights, Citizenship, and Society

The Social Rechtsstaat

Chapter:
(p.45) 2 Rights, Citizenship, and Society
Source:
Democracy, Capitalism, and the Welfare State
Author(s):

Peter C. Caldwell

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198833819.003.0002

The social rule of law, or social Rechtsstaat, was a second key term used in the first decade of the Federal Republic of Germany to justify extensive state interventions into society, so long as they preserved individual freedoms. Individual freedoms—such as the right to free speech, the right to enter and exit contracts, and the right to own property—required some kind of social supplement to ensure real freedom, or so the term suggested. By cementing this principle in the Basic Law, the founders opened up a debate about the justification, nature, and extent of the welfare state. Some, like Ernst Forsthoff, rejected the entire discussion as non-sensical; others, like Wolfgang Abendroth, viewed the constitutional concept as a spur to social reform. While this debate took place among lawyers, its real significance lay in the way it articulated the relationship between social policy and democracy.

Keywords:   Social Rule of Law, Social Rights, Daseinsvorsorge, Socialization, constitutionalism and the welfare state, social citizenship, Ernst Forsthoff, Wolfgang Abendroth, democracy and bureaucracy, Constitutional Court

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .