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Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors
Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Kate Hamburger Center "Law as Culture", the term "constitutional culture" evokes the multidimensional life of a constitution that cannot be restricted to its - though essential - textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world.
"Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Käte Hamburger Center "Law as Culture," the term "constitutional culture" evokes the multidimensional life of a constitution that cannot be restricted to its--though essential--textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world."-- Back cover.
Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture is seen as an important component of constitutional history. The volume brings together historians from Argentina, France, Germany, Great Britain, Spain and the United States; all are specialised in constitutional history and political culture in the 19th century. Their contributions include case studies on the colonial European powers as well as their colonies or ex-colonies in the Americas. A special aim of the volume is to show the connectedness of the constitutional processes that took place in these regions during the late 18th and the 19th centuries. By connecting two vibrant research areas, this volume makes an important contribution to studies on political culture and the history of the Atlantic World. The book targets a broad academic readership, especially in the fields of cultural studies, history, and political science, and contributes to an internationalisation of the academic debate on the concept of constitutional culture.
Puliter Prie-winning historian Michael Kammen examines the cultural impact of the Constitution on the United States, explores the Constitutions place in the public consciousness and its role as a symbol in American life from ratification in 1788 to our own time, and expounds on what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence for our American "Ark of the Covenant," most of us neither know nor fully understand our Constitution.
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.