Dignity and Liberty: Constitutional Visions in Germany and the United States

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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.

Reviews

"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 philos ophical 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.

Author Bio

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.