+612 9045 4394
The Making of the German Constituti : A Slow Revolution - Margaret Barber Crosby

The Making of the German Constituti

A Slow Revolution

Hardcover Published: 1st April 2008
ISBN: 9781859738122
Number Of Pages: 312

Share This Book:


or 4 easy payments of $53.31 with Learn more
Ships in 7 to 10 business days

Other Available Editions (Hide)

  • Paperback View Product Published: 1st April 2008
    Ships in 7 to 10 business days

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 avoidingor at least delayingviolent 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.

Industry Reviews

'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 fur europaische Rechtsgeschichte

Prefacep. ix
Introduction: Transforming the Reich: Toward a New Political History of Modern Germanyp. 1
Historiographical Backgroundp. 6
Sources and Structure of the Bookp. 14
Prelude to Modern Germany: Iurisdictio and the German Idea of Sovereigntyp. 27
Conflict of the Lawsp. 29
Romanization of Local Iurisdictio and the Idea of Sovereigntyp. 36
Classical Humanism and Evangelical Jurisprudencep. 38
Hermann Conring and Early Modern Legal Radicalismp. 44
Prelude to Modern Constitutional Transformationp. 47
Toward a German Nation: Friedrich Karl von Savigny and the Growth of Legal Politicsp. 57
Historiography on Savignyp. 59
Biographyp. 62
War in the Rhinelandp. 66
The Glory of the Emperor?p. 68
Refining the Old Common Law of Europep. 75
The Thibaut-Savigny Controversy Revisitedp. 79
Politics and Modern Legislationp. 82
Images of the Gemeinwesen: The Germanists and the Growth of Customary Law Constitutionalismp. 99
The Politics of Roman Legal Historyp. 100
The Germanists and the Vaterlandisches Rechtp. 106
Legal Antiquarianism and Images of the Gemeinwesenp. 110
The Age of Recoveryp. 120
Undermining Absolutism: The Path of Legalism and Constituting the Nation 1846-1879p. 131
The Germanisten Conferencesp. 133
Procedural Reformp. 137
The New Periodicalsp. 144
Commercial Lawp. 147
The Civil Code of Saxonyp. 150
Impact of Unification on Constitutional Transformationp. 154
A Century of Promise: Eheliches Guterrecht, Women's Wealth and Independence in Nineteenth-Century Germanyp. 167
Legal Particularismp. 168
Marital Property Relationsp. 170
Women's Wealth and Local Courtsp. 179
Women's Economic and Professional Expectationsp. 183
Last Bastion: The Burgerliches Gesetzbuch and the Transformation of German Societyp. 189
The Father of the Codep. 190
The Lay of the Imperial Landp. 194
Legislating the Gemeinwesenp. 201
Articles of Introductionp. 211
Discontent in the Burgerliche Society 1900-1933: Exclusion and Popular Resentmentp. 219
The Politics of Matriarchyp. 221
Mutterrecht and the Foundations of Social Democratic Constitutionalismp. 227
Mutterrecht and Motherhoodp. 230
Discontent in the Republics: A Continuity in German Historyp. 233
Conclusion: The German Idea of Revolution: Some Final Thoughtsp. 251
Bibliographyp. 267
Indexp. 289
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9781859738122
ISBN-10: 1859738125
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 312
Published: 1st April 2008
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.4 x 15.6  x 2.54
Weight (kg): 0.61
Edition Number: 1