Social Rule of Law: Origins, Evolution, and Challenges

The Social Rule of Law: Origins and Evolution

The concept of the "rule of law" is often attributed to the lawyer and German thinker Hermann Heller. Heller advocated for a state with economic and social responsibilities, capable of redressing inequities arising from the market economy. The precedent for the social state of law formula can be found in the works of Lorenz von Stein, who saw the state as a body capable of correcting inequalities arising from industrial and competitive society. In his work *Social Movements and the Monarchy*, Von Stein declared, "The era of revolutions and political reforms has ended, and the era of revolutions and social reforms has begun."

The defense of the social state of law was notably promoted by social democracy, which recognized the need to address social reforms to safeguard equality. Social democracy utilized the democratic rule of law as an instrument for achieving peaceful change while respecting human rights.

The Birth of Social Legislation

The first social legislation that marked the transition from the liberal state to the social state of law took place in Germany under the Weimar Republic. However, the initiation of social legislation occurred a few decades earlier. Inspired by a Christian worldview, in England, Anthony Ashley-Cooper, 7th Earl of Shaftesbury, drove the adoption of laws that prohibited the employment of children in coal factories, provided for the limitation of working hours, and approved the construction of schools for children without financial resources.

Heller believed that economic democracy would be introduced through successive reforms, peacefully negotiated between employers and employees in a climate of mutual trust.

The Current Crisis of the Social State of Law

Presently, the social state of law faces a significant crisis. Several factors contribute to this:

• High Costs of Public Services: Financing the array of public services offered by the state carries a high cost, which citizens must ultimately bear. This increased tax burden reduces citizens' disposable income for consumption.
• Impact on Inflation: The social state of law often entails high public spending, which can negatively impact inflation. Consequently, the goal of achieving material equality in society can paradoxically lead to greater inequality.
• Electoral Manipulation: The social state of law has, at times, been used for electoral purposes, serving as a tool to buy votes without considering the adverse effects on the economy and the overall welfare of citizens. Peter Drucker referred to this phenomenon as the "electioneering state."
• Globalization: The old protectionist principles have given way to the demands of interdependent international markets, a phenomenon known as globalization. This shift has further complicated the traditional model of the social state of law.