Lo Stato di diritto cristiano. Riflessioni sulla filosofia giuridica di Friedrich Julius Stahl

The concept of Rechtsstaat, German version of the concept of 'rule of law', appears in the early nineteenth century . Its most famous definition was given, perhaps, by the conservative Lutheran jurist Friedrich Julius Stahl, who stressed its formal nature. In his opinion, God is the source of every human power and legitimizes every arbitrary act of its holder; nevertheless, the law of modern States, whatever its content is, should preferably a stable one, observed by all agents of the public authority. The essay begins with the description of Stahl's philosophical and religious background, in order to better explain his conception of the relationship between ethical and juridical law. In this respect, it is possible to examine the question if Stahl can be considered a positivist, as he asserted to be in analogy with Savigny, or if he was somehow influenced by the doctrine of the natural law. The second part of the essay expounds the political consequences of Stahl's position in the light of his support to the aristocracy and of his refusal os democracy and popular sovereignity. Finally a brief conclusion returns to the concept of Rechtsstaat considering how it can find its way in Stahl's entire work.