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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > Civil rights & citizenship
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The Dual System of Privacy Rights in the United States (Paperback)
Loot Price: R1,322
Discovery Miles 13 220
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The Dual System of Privacy Rights in the United States (Paperback)
Series: Law, Courts and Politics
Expected to ship within 12 - 17 working days
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Theoretically, the right to privacy is an individual's right to
space away from the public gaze to make life choices that are best
for her or him, regardless of the beliefs of the majority. Yet the
right to privacy in the United States has proven problematic for
both political theorists and constitutional scholars, as it does
not conform to theoretical conceptions of privacy or to existing
theories of constitutional development. Mary McThomas provides a
new model that helps us to think about both the right to privacy as
well as constitutional development. She first divides privacy
issues into two categories, and then illustrates how the two
categories are treated differently. The first category, proprietary
privacy, covers such issues as medical records and wiretapping. The
second category, decisional privacy, involves making decisions
about intimate matters such as the right to die, same-sex marriage,
and abortion. McThomas tracks and assesses higher court cases in
conversational privacy, representative of proprietary privacy, and
court cases in marital privacy, representative of decisional
privacy. She concludes that the most notable difference between the
different types of privacy is that decisional privacy has evolved
more slowly towards constitutionalization, and so is much more
likely to be limited by community standards and social norms. This
book brings the theoretical conceptions and the practice of privacy
rights together, explaining what has happened in the area up until
this point, and offering ways to predict how the courts will handle
some of today's most contentious issues.
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