O racjonalności państwa prawnego w myśli Roberta von Mohla
The Rationality of the State of Law Idea in the Robert von Mohl’s Thought

Summary/Abstract: The idea of the state of law (Rechtsstaat) derives from the sphere of German science. Its sources can be found at the turn of the 18th century, in the works of scholars like Immanuel Kant or Johann Wilhelm Petersen (publishing under pseudonym Johann Wilhelm Placidus). This article refers to the origins of the legal state idea in German thought. The major task was to analyze the early conception of Rechtsstaat idea in the thought of Robert von Mohl, German, early-liberal scholar, and politician. The article shall prove that the state of law concept in von Mohl’s thought was the rational one. This rationality was expressed not only by the “holiness of law” rule but also by assigning the state of law to fulfill the special task. This task was to support the citizens in overcoming obstacles that may occur in the realization of their “life goals”. The rationality of this concept proves the fact that this support should have a subsidiary nature. State should act only in the last resort when the forces and abilities of individuals and their free associations are insifficient.

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