Dignity and Liberty Constitutional Visions in Germany and the United States

Subjects:

• Law » Constitutional Law
• Law » International Law
• Political Science » Comparative Politics
• Political Science » Political Philosophy

Reviews:

• Most readers are likely at some point to disagree with one or another of Eberle's characterizations of these different jurisprudential traditions, or about the meanings of specific cases and decisions. The value of a work like this, however, rests less in its specific analyses of case law and doctrine and more in its capacity to spark meaningful reflection and the nature and variety of constitutionalism as a preferred way of organizing human society. Toward that end, "Dignity and Liberty" is an important contribution.
  —The Law and Politics Book Review May 2002

• Endorsement From Dr. Winfried Brugger
  Professor of Constitutional Law and Philosophy Law
  University of Heidelberg, Germany: Dignity and Liberty by Edward J. Eberle is a substantial contribution and enrichment to the field of comparative constitutional Law.
• Endorsement From Richard G. Huber
  Emeritus Professor of Law
  Boston College: The balance between individual rights and the sound functioning of a society remains one of the most difficult issued facing nations--individually and in concert. Professor Eberle has written a very important and illuminating study of the differences and similarities of the constitutional solutions in Germany and the United States. This scholarly, thorough and challenging book is suitable as a text for both undergraduates and advances students. The discussions of the cases and the constitutional and statutory text provide the excellent coverage of the philosophical and social bases underlying the formal legal results. I strongly recommend the book as a text suitable for courses in political science, law or philosophy, as well as a superior reference source.
• Endorsement From Mark W. Janis
  William F. Starr Professor of Law
  University of Connecticut: Dignity and Liberty is not only a fine and highly readable study of constitutional law in America and Germany, it is a sensitive and stimulating comparative cultural analysis. Professor Eberle is to be congratulated!
• Endorsement From Richard S. Kay
  George and Helen England Professor of Law
  University of Connecticut School of Law: In Dignity and Liberty Edward Eberle offers a perceptive and critical account of personal freedom in Germany and the United States. Equally valuably he uses the constitutional experiences of the two societies to expose basic differences in their political and social cultures. This book wil open eyes and challenge minds in both countries.
• Endorsement From Kay Hailbronner
  University of Konstanz, Germany: Dignity and Liberty gives a deep insight into the contrasting constitutional visions and conceptions of humanity, personality, and community in America and Germany. It is an extremely interesting piece of comparative legal research which provides the German constitutional lawyer with a new perspective and a new understanding of many of the concepts which have evolved in constitutional jurisprudence of the last twenty years. Eberle's book is an admirable example of highly useful and intellectually satisfying comparative research. German constitutional lawyers may greatly profit from his book and one is inclined to strongly recommend his conclusions about mutual learning.
• Endorsement From Cliff Larsen
  Associate Professor of Law
  Washington and Lee University: For students of German law and comparative law, Dignity and Liberty is the long-awaited integration of in-depth research of individual German and American cases into an overall analysis of the core constitutional law values of the two societies. Dignity and Liberty is essential reading also for all constitutional law scholars who wish to broaden their focus and gain, for their U.S. law scholarship, the perspective that comes only from incisive comparative study.

Table of Contents:

• Introduction
• The Constitutions of America and Germany
• Human Dignity
• Personality and Freedom of Action: The Outer World
• Inner Freedom: The Personal Sphere
• Identity, Self-Determination, and Autonomy
• Abortion
• Freedom of Expression
• Comparative Observations
• Conclusion