Abstract

This article contains a summary of selected theses of the theory of the state developed by Hermann Heller, who was one of the leading representatives of the so-called Weimar Theory of the State. State theorists of the Weimar era formed an independent, formally unrelated group of scientists who had often opposing views, but were united by a common effort to conduct even philosophical investigation of the nature of the state, the European, continental state, as well as its internal ratio and mission. In addition to Hermann Heller, this group included Carl Schmitt, Rudolf Smend, Erich Kaufmann and Heinrich Triepel. They asked questions which are absent in today’s science, such as: “What is a state?”, “What kind of being is it and what is its nature?”. The answers determine many issues, including our perception of the durability and strength of the state, our understanding of its structure and development, the relation between the state and the individual and the relation between politics and history, etc. No settlement of this basic issue is not only simple negligence, but – as can be judged – it stems from today’s tacit assumption that the state is not a being, but only an artificial human construct, a combination of elements and a set of institutions. Heller perceives the state substantially: as particular organization of social affairs; organization of specific areas of public life: economy, law and public opinion. These were created in the modern era and have been specific to Europe from the sixteenth century to modern times. The matter of these areas is transformed into a state order by sovereign authorities. Therefore, their policies and their law have their concrete object whose reality they face, and they need to demonstrate that they are capable of organizing this reality. The ethos of the state and at the same time the legitimacy of its power require that elementary principles of justice are ensured, or at least injustice is eliminated from social life.