Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Putting Deficient Rechtsstaat on the Research Agenda: Reflections on Diminished Subtypes

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Comparative Sociology
For content published from 1960-2001, see International Journal of Comparative Sociology.

This article proposes a typology of diminished subtypes of Rechtsstaat. Building on a historical overview of the different constitutional traditions in the United States, Great Britain, and Germany, an ideal type of Rechtsstaat is identified. This definition provides the foundation for the creation of subtypes, which are structured into two categories. First, four diminished subtypes of Rechtsstaat are defined: inconsistent, arbitrary, partly-implemented, and excluded. Second, three different causes for the deficiencies are identified: lack of capacities (LoC Type), powerful interests supporting alternative rules (PIAR Type), and high acceptance of alternative norm systems (HAAS Type). The latter two types of causes, PIAR and HAAS, are largely ignored in legal reform strategies and yet – according to our approach in this article – they are more prevalent empirically than the first type.

Affiliations: 1: Institute of Political Science and Social Research, Department of Comparative Politics, University of Wuerzburg, Wittelsbacherplatz 1, 97074 Würzburg, Germany;, Email: hans-joachim.lauth@uni-wuerzburg.de; 2: Institute of Political Science and Social Research, Department of Comparative Politics, University of Wuerzburg, Wittelsbacherplatz 1, 97074 Würzburg, Germany;, Email: jenniver.sehring@uni-wuerzburg.de

Loading

Full text loading...

/content/journals/10.1163/156913309x421637
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/156913309x421637
Loading

Article metrics loading...

/content/journals/10.1163/156913309x421637
2009-04-01
2016-12-07

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Comparative Sociology — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation