Abstract

This paper explores differences in American and German constitutional law. In particular, it focuses on how the concept of liberty is regarded in each of these traditions. In a German constitutional context, there appears to be more of a true right to privacy and idea that there is a right to do what one ought, rather than what one wishes. In the American context, however, we are close to moral relativism and act as if liberty is simply the right to do whatever one wishes without regard for its impact on others. Also touched upon in this paper is the influence on American law of philosophers like John Stuart Mill, and the influence on German Law of Kant.

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