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In Pursuit of Privacy - Law, Ethics, and the Rise of Technology (Paperback, New)
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In Pursuit of Privacy - Law, Ethics, and the Rise of Technology (Paperback, New)
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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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