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The Making of a German Constitution: A Slow Revolution

Autor Margaret Barber Crosby
en Limba Engleză Paperback – feb 2008
The Making of a German Constitution is one of the first books to explore the important place of the theory and practice of private law (civil law) in the transformation of Modern Germany's fin-de-siècle constitutional arrangements. Reading sources from early nineteenth-century private law scholarship, the book offers a thought-provoking and novel understanding of German political development. The author argues that the German idea of sovereignty grew out of a dual conception of law not only as the product of socio-political transformation, but also as a means to it. In the short term, a modern social and political system in Germany was attained through non-violent means and the domestic authority of the Kaiser was severely limited by law. However, the exclusive bourgeois socio-political arrangements that were installed in this era led to considerable discontent in German society, particularly with regard to gender and class tensions. The "slow Bürgerliche Revolution" thus contributed to the traumatic ruptures that mark German history in the first third of the twentieth century.
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Specificații

ISBN-13: 9781859738177
ISBN-10: 1859738176
Pagini: 320
Ilustrații: bibliography, index
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.44 kg
Ediția:English.
Editura: Bloomsbury Publishing
Colecția Berg Publishers
Locul publicării:London, United Kingdom

Caracteristici

Also available in hardback, 9781859738122 £55.00 (February, 2008)

Notă biografică

Margaret Barber Crosby is Associate Professor of Modern European History, Department of History, Howard University.

Cuprins

Introduction: Transforming the Reich: Toward a New Political History of Modern GermanyChapter I: Prelude to Modern Germany: Iurisdictio and the German Idea of SovereigntyChapter II: Toward a Modern Nation: Friedrich Karl von Savigny and the Growth of Modern Legal PoliticsChapter III: Images of the Gemeinwesen: The Germanists and the Growth of German Customary Law ConstitutionalismChapter IV: Undermining Absolutism: The Path of Legalism and Constituting the Nation 1848-1879Chapter V: A Century of Promise: Eheliches Güterrecht, Women's Wealth and Independence in Nineteenth Century GermanyChapter VI: The Last Bastion: The Bürgerliches Gesetzbuch and the Transformation of German SocietyChapter VII: Discontent in the Bürgerliche Republic: Exclusion and Popular Resentment 1900-1933Chapter VIII: Conclusion: The German Idea of Revolution: Some Final Thoughts

Recenzii

'Reconnecting the socio-political history of modern Germany with legal history, Crosby offers an extraordinarily perceptive and methodologically innovative analysis of the covert constitutional transformation that was tantamount to the Kaiserreich's 'bourgeois revolution'.'V.R. Berghahn, Columbia University'This book combines German constitutional and social history with legal history of the 19th century up to the German codification of civil law (1896/1900). The viewpoints are original and the book includes the socialist criticism of the codification in favour of women. A new and not yet sufficiently discussed perspective.'Michael Stolleis, Max-Planck-Institut für europäische Rechtsgeschichte