The concept of “Daseinsvorsorge” by Ernst Forsthoff as legitimation of the authoritarian state

Abstract

The German administrative lawyer, Ernst Forsthoff developed since the 1930s a new concept of administration law (“Daseinsvorsorge”). On the one hand, it was about determining the tasks of administration – due to the changed circumstances in an industrial society –, and, on the other hand, give the state a new basis of legitimation. However, while Forsthoff worked out his new concepts of administrative law as social function, he remained an opponent of the welfare state in constitutional law, although this position contradicted his administrative law. In the following article I analyse the stages of development of his concept (also with reference to National Socialism and the debates on the Welfare State), and I show the contradictions to his constitutional law.

Fecha de envío / Submission Date: 05/01/2022
Fecha de aceptación / Acceptance Date: 1/02/2022