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.
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