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Vol 21 No 10 Oct/Nov 2016

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The Making of a German Constitution

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ISBN13: 9781859738122
ISBN: 1859738125
Published: July 2006
Publisher: Berg Publishers
Format: Hardback
Price: £55.00



It is impossible to comprehend the political development of England, the United States or France without considering English common law, the US Constitution or the Code Napoleon, respectively. Why then has legalism been so long neglected in the study of German politics? Drawing on constitutional and legal history, this book reconsiders the creation of the German state and the nature of the 'bourgeois revolution'.;The author re-reads the critical time period of 1814-1930 to demonstrate the links between the legal code and political evolution. She also focuses on the changing character of gender relations to further understand social and political change. The author argues that German liberals conceived and perceived that the ends of revolution could be achieved legislatively, thus Germany was able to attain a modern political and social system while avoiding-or at least delaying-violent movements.;Examining the progressive and regressive elements within German liberalism, Crosby provides a much-needed republican synthesis of German political development through time. The Making of the German Constitution offers a new interpretation of German political and constitutional history through its reading of a slow, bourgeois revolution.

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Contents:
Introduction: The Importance of Private Law in German Constitutional Theory * Toward Modern Germany: Savigny, the German Legal World and Patterns of Classical Liberalism * Images of the German Commonwealth: German Legal Humanism, Jacob Grimm to Rudolf Gneist, et. al. * The Great Metaphors: Family, Civil Marriage and Public Power * A Century of Promise: Eheliches Guterrecht, Women's Wealth and Independence in the Nineteenth Century * Undermining Absolutism Legally: The Path of Legalism and Constituting the German States, 1847-1866 * The Last Bastion: the BGB and the Transformation of German Society, 1867-1900 * Rejecting the Gemeinwesen: Johann Bachofen and a New Legal Challenge from the Left * The Politics of Social Discontent on the Left and Right Resistance in the Courts: Private Law and National Identity, 1919-1933 * Conclusion;