Dignity and Liberty - (Issues in Comparative Public Law) by Edward J Eberle

About the Book

Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to freedom and its relation to community. This work is addressed to philosophers of law, political theorists, constitutional lawyers, and everyone interested in protecting human rights and learning the meaning of human personality and freedom as expressed in democratic constitutional regimes. Eberle challenges current thinking in the field by setting out alternative visions of human freedom, dignity, personality and expression; demonstrating that use of comparative methodology has much to offer critical examination of major constitutional and public policy issues; and showing that different conceptions of fundamental ideas are possible.

Exploring the nature of human personality as reflected in the constitutional law of two important constitutional democracies, Eberle inquires into human values and human freedom, across national borders, in pursuit of a better understanding of human potential and the nature and limit of freedom. The central personality traits examined comprise human dignity; autonomy; self-determination and identity, including privacy, computer privacy, control over personal information, and maintenance of one's image, words, and reputation; abortion; and freedom of expression, including defamation, offensive speech, hate speech, and burning of the flag. The book weaves between German and American law in examining these questions, providing a unique comparative perspective on the idea of human personality and freedom.

Book Synopsis

Striking a balance between the aspirations of individual freedom and the demands of organized society is a central quest of constitutional law. Germany and America provide different paths toward accomplishment of this equilibrium, revealing two paths to freedom and its relation to community. This work is addressed to philosophers of law, political theorists, constitutional lawyers, and everyone interested in protecting human rights and learning the meaning of human personality and freedom as expressed in democratic constitutional regimes. Eberle challenges current thinking in the field by setting out alternative visions of human freedom, dignity, personality and expression; demonstrating that use of comparative methodology has much to offer critical examination of major constitutional and public policy issues; and showing that different conceptions of fundamental ideas are possible.

Exploring the nature of human personality as reflected in the constitutional law of two important constitutional democracies, Eberle inquires into human values and human freedom, across national borders, in pursuit of a better understanding of human potential and the nature and limit of freedom. The central personality traits examined comprise human dignity; autonomy; self-determination and identity, including privacy, computer privacy, control over personal information, and maintenance of one's image, words, and reputation; abortion; and freedom of expression, including defamation, offensive speech, hate speech, and burning of the flag. The book weaves between German and American law in examining these questions, providing a unique comparative perspective on the idea of human personality and freedom.

Review Quotes

"Dignity and Liberty by Edward J. Eberle is a substantial contribution and enrichment to the field of comparative constitutional Law."-Dr. Winfried Brugger Professor of Constitutional Law and Philosophy Law University of Heidelberg, 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."-Kay Hailbronner University of Konstanz, Germany

"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!"-Mark W. Janis William F. Starr Professor of Law University of Connecticut

"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."-Cliff Larsen Associate Professor of Law Washington and Lee University

"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."-Richard S. Kay George and Helen England Professor of Law University of Connecticut School of Law

"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."-Richard G. Huber Emeritus Professor of Law Boston College

?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

"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

About the Author

EDWARD J. EBERLE is Professor of Law at Roger Williams University School of Law, Bristol, RI, and Series Editor of Praeger's Issues in Comparative Public Law.