Abstract

Welcker was the first to develop the concept "Rechtsstaat" . Kant's concept of freedom, however, provides the background for Welcker's concept of the Rechtsstaat. This article investigates the question of how the concept "respect toward others" is related to the concepts "Rechtsstaat" and "right of freedom". According to Kant, "respect" is not a duty of law but rather a duty of virtue. Still we owe others fulfillment of this duty in a manner that is similar to the way we owe them the fulfillment of a duty of law. Furthermore this duty of virtue corresponds to a moral right of others to respect. Although mutual respect among citizens is not constitutive of a Rechtsstaat, still it is in fact necessary for the survival of a Rechtsstaat