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Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume—written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists—investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory.
Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality.
This collection’s broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.

Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

Many people think of Jews as victims of a particular sort of racism, not as active participants in the development of racial thinking in the nineteenth and twentieth centuries. Yet many Jews did take up racial discourse and used it to analyze Judaism, Jewish history, and the contemporary condition of world Jewry. Race discourse generated by Jews was in part apologetic, a response to racial antisemitism; however, it also served other political and ideological needs. Focusing primarily on works written at the height of the racial hygiene and eugenics movements in Europe and North America, this diverse anthology shows how Jewish scholars and popular writers in Europe, North America, and Palestine developed racial interpretations of Judaism and Jewish history, thereby raising fascinating and thorny issues about the nature and history of racial discourse in Europe and America. Designed for class adoption, the volume contains annotations and an introduction by the editor.