A radical cr itique of the concept of subjective rights. Karl Larenz and the national socialist legal theories

Abstract

The paper aims to analyze the ideas of subjectivism in Law and subjective rights that were coined by Karl Larenz in the 1930s, when he was admitted as an adjunct professor at Kiel University Faculty of Law, and later became an influent thinker who actively contributed to the formation of legal theories and the ideology of national socialism, as well as to the drafting of national socialist legislation. For this purpose, the paper shall analyze the “abuse of law” doctrine that was created by Wolfgang Siebert and later mentioned by Larenz, as well as the doctrine of Rechtsstellung (“legal status”) and Ihering’s view on subjective right as an interest that is protected by legislation. Finally, the paper concludes that in the legal system developed by Larenz, the struggle is not in favor of subjective rights, but rather against such concept.