A Berlin Republic brings together writings on the new, united Germany by one of their most original and trenchant commentators, Jürgen Habermas. Among other topics, he addresses the consequences of German history, the challenges and perils of the post-Wall era, and Germany's place in contemporary Europe. Here, as in his earlier The Past as Future, Habermas emerges as an inspired analyst of contemporary German political and intellectual life. He repeatedly criticizes recent efforts by historical and political commentators to 'normalize' and, in part, to understate the horrors of modern German history. He insists that 1945 - not 1989 - was the crucial turning point in German history, since it was then that West Germany decisively repudiated certain aspects of its cultural and political past (nationalism and antisemitism in particular) and turned towards Western Traditions of democracy: free and open discussion, and respect for the civil rights of all individuals. Similarly, Habermas deplores the renewal of nationalist sentiment in Germany and throughout Europe. Drawing upon his vast historical knowledge and contemporary insight, Habermas argues for heightened emphasis on trans-European and global democratic institutions - institutions far better suited to meet the challenges (and dangers) of the next century.

The fall of the Berlin Wall and the unification of East and West Germany in 1989/90 were events of world-historical significance. The twentieth anniversary of this juncture represents an excellent opportunity to reflect upon the evolution of the new Berlin Republic. Given the on-going significance of the country for theory and concept–building in many disciplines, an in-depth examination of the case is essential. In this volume, unique in its focus on all aspects of contemporary Germany - culture, historiography, society, politics and the economy - top scholars offer their assessments of the country’s performance in these and other areas and analyze the successes and continued challenges.

The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.

Law in West German Democracy relates the history of the Federal Republic of Germany as seen through a series of significant trials conducted between 1947 and 2017, explaining how these trials came to take place, the legal issues which they raised, and their importance to the development of democracy in a country slowly emerging from a murderous and criminal régime. It thus illustrates the central issues of the new republic. If, as a Minister for Justice once remarked, crime can be seen as ‘the reverse image of any political system, the shadow cast by the social and economic structures of the day’, it is natural to use court cases to illuminate the eventful history of the Federal Republic’s first seventy years.

Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.