Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.
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0 of 1 people found the following review helpful:
5.0 out of 5 stars
Excellent overview of privacy,
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This review is from: In Pursuit of Privacy: Law, Ethics and the Rise of Technology (Paperback)
DeCew's book provides unique and insightful information on privacy rights in the United States. It is a scholarly work, but it is nevertheless very accessible to those who have not previously studied privacy law. If you are interested in privacy and why it is important, I highly recommend it.
3 of 6 people found the following review helpful:
3.0 out of 5 stars
Too In-depth for a student,
By Mikey (KC, USA) - See all my reviews
This review is from: In Pursuit of Privacy: Law, Ethics and the Rise of Technology (Paperback)
This book was very informative and gave in-depth, detailed information about privacy in terms of tort law and ethics. As a student lacking background information in law and philosophy, I found the book to be over my head most of the time. For a general overview of privacy in our laws and culture, look elsewhere.
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Inside This Book
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First Sentence:
In the United States, formal legal protection for privacy has developed only during the last hundred years. Read the first page Key Phrases - Capitalized Phrases (CAPs): (learn more)
Fourth Amendment, Supreme Court, United States, New York, William Parent, Alan Westin, First Amendment, Fourteenth Amendment, John Stuart Mill, Ronald Dworkin, Warren Court New!
Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
In the United States, formal legal protection for privacy has developed only during the last hundred years. Read the first page Key Phrases - Capitalized Phrases (CAPs): (learn more)
Fourth Amendment, Supreme Court, United States, New York, William Parent, Alan Westin, First Amendment, Fourteenth Amendment, John Stuart Mill, Ronald Dworkin, Warren Court New!
Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
Citations (learn more)
This book cites 28
books:
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11
books
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- On Liberty by John Stuart Mill on page 119, Back Matter (1), and Back Matter (2)
- A Treatise on Government by Aristotle on page 10, and Back Matter
- Public Man, Private Woman by Jean Bethke Elshtain in Back Matter (1), and Back Matter (2)
- Casenote Legal Briefs: Criminal Law - Keyed to Johnson by Casenote Legal Briefs Casenote Legal Briefs in Back Matter (1), and Back Matter (2)
- The Assault on Privacy by Arthur Miller in Back Matter
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- The Right to Privacy: Volume 17, Part 2 (Social Philosophy and Policy) (Vol 17, Pt.2) by Ellen Frankel Paul on page 28, page 142, and page 213
- Principles of Biomedical Ethics (Principles of Biomedical Ethics (Beauchamp)) by Tom L. Beauchamp on page 329
- Human Rights in the 'War on Terror' by Richard Ashby Wilson on page 290
- Genetic Privacy: A Challenge to Medico-Legal Norms by Graeme Laurie on page 55
- Surveillance and Security: Technological Politics and Power in Everyday Life by Torin Monahan in Back Matter
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