Liberalism, Constitutionalism, and Citizenship: Historical Contestations

Prof. Inken Borzyskowski; Dr. Benno Gammerl; Dr. Jakob Zollmann

doi:10.5771/9783748951902

Summary

In his writing, Dieter Gosewinkel skillfully combines legal expertise with meticulous historical analysis. He examines liberal, conservative, and social-democratic schools of thought and then devises new conceptual frameworks that open up fresh perspectives on important actors, on debates about property, on intricate socio-legal phenomena like citizenship, as well as on constitutionalism between past failures and future opportunities. The broad social histories Gosewinkel writes about reach far beyond the narrow confines of the law. They echo various voices from the past and allow readers to understand how things could always have developed otherwise. The texts, assembled here for the first time in English, thus enable a much needed multi-perspective conversation between various liberal-democratic positions of the present.

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Bibliographic data

Copyright year: 2025
ISBN-Print: 978-3-7560-2445-2
ISBN-Online: 978-3-7489-5190-2
Publisher: Nomos, Baden-Baden
Language: German
Pages: 318
Product type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages 1 - 14
Introduction: Liberalism, Citizenship, and Constitutionalism: The historical work of Dieter Gosewinkel No access Pages 15 - 28
1. Chapter 1. An Intellectual in the Social Democratic Party of Germany (SPD): Adolf Arndt (1904–1974) No access
2. Chapter 2. Political Punishment at the Limits of the Judicial State: The History of the National Socialist Judiciary in the German Judiciary Act of 1961 No access
3. Chapter 3. Historicity of Law – Law in History: On the Work of Ernst-Wolfgang Böckenförde (1930–2019) No access
1. 1. 4.1 In the Shadow of the Crisis: Authoritarian Planning during the Era of the World Wars No access
  2. 4.2 France – Europe – Germany: The Entanglement of Liberal Planning Concepts after 1945 No access
  3. 4.3 Conclusion No access
2. Chapter 5. The Development of Property Rights and Citizenship in Germany during the 19th and 20th Centuries No access
3. 1. 6.1 The Situation after 1918 No access
  2. 6.2 The Years 1938–1939 as the End of Civic Equality No access
  3. 6.3 The Situation after 1945 No access
  4. 6.4 Conclusions No access
1. 1. 1. 7.1.1. History of Research: Historiography – Jurisprudence – Social Sciences/International Relations No access
    2. 7.1.2. Citizenship as a Legal Institution of Border Crossing and International Relations No access
    3. 7.1.3. Conceptual History: Citizenship, Citoyenneté, and so on No access
    4. 7.1.4. Citizenship and Class Society: An Analytical Dimension No access
    5. 7.1.5. Questions: On the Power of Analysis of the Concept “Citizenship” No access
  2. 1. 7.2.1. Citizenship and the Concept of Nation: A Deconstruction of the Dichotomy ius sanguinis vs. ius soli No access
    2. 7.2.2. A Historical Case: Citizenship in the National Socialist Regime – The Destruction of Protection and Freedom No access
2. 1. 8.1 Pre-National Citizenship in the German Confederation No access
  2. 8.2 The Concept of “German” in the National Revolution of 1848 No access
  3. 8.3 The Nationalization of Citizenship under the German Empire No access
  4. 8.4 The Ethnicization of Citizenship: From World War I to the Weimar Republic No access
  5. 8.5 The Destruction of Citizenship in the Racial State: National Socialism No access
  6. 8.6 Reconstruction and Reform: From the Basic Law to the Citizenship Act of 2000 No access
3. 1. 9.1 Problem, Questions, Concepts No access
  2. 1. 9.2.1. Nation and Citizenship in the Late Nineteenth Century No access
    2. 9.2.2. Strengthening and Erosion of Citizenship in the Era of the World Wars No access
    3. 9.2.3. Citizenship and Human Rights after 1945 No access
  3. 9.3 Conclusion No access
1. 1. 10.1 The Nation and the Limits of Morality No access
  2. 10.2 Colonial Citizenship: Germany in the European Context No access
  3. 10.3 Morality within the Boundaries of Race: The National Socialist Colonial Empire No access
2. 1. 11.1. Introduction to the Problem No access
  2. 1. 11.2a. Methodological Prerequisites of a Constitutional Historiography of the Federal Republic of Germany No access
    2. 11.2b. Theoretical Decisions: State and Constitution No access
    3. 11.2c. The Historization of the Basic Law: Phases and Positions No access
3. 1. 12.1 (Transatlantic) Revolution as Constitutional Revolution: The Breakthrough of Constitutionalism as a Principle of Political and Legal Form No access
  2. 12.2 From Revolution to Restoration: A Laboratory of Constitutionalism (1791–1815) No access
  3. 12.3 The Dual Model and the Europeanization of Constitutionalism: Between Monarchical Principle and Democratic Revolution (1815–1848) No access
  4. 12.4 The Constitutional State as Nation-State No access
  5. 12.5 The Period of the World Wars: European Constitutionalism between Democracy and Dictatorship No access
  6. 12.6 The Restabilization and Success of the Democratic Constitutional State in Europe after 1945: Outlook No access