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Privacy is a puzzling concept. From the backyard to the bedroom,
everyday life gives rise to an abundance of privacy claims. In the
legal sphere, privacy is invoked with respect to issues including
abortion, marriage, and homosexuality. Yet privacy is surrounded by
a mire of theoretical debate. Certain philosophers argue that
privacy is neither conceptually nor morally distinct from other
interests, while numerous legal scholars argue that constitutional
and tort privacy law protect merely a disparate melange of
interests. Inness offers an escape from this mire. She suggests
that intimacy is the core of privacy, including privacy appeals in
tort and constitutional law. Conceptually, privacy's protection of
intimate decisions distinguishes it from other legal interests,
such as liberty from undue state intervention. Intimacy is also the
source of privacy's distinctive value. Privacy embodies our respect
for people as creators of their own plans of intimacy and of their
own emotional destinies. By arguing that intimacy is the core of
privacy, Inness undermines privacy skepticism, while also providing
a new account of privacy that explains our everyday and legal
privacy disagreements, including the controversial constitutional
right to privacy.
Privacy is a puzzling concept. From the backyard to the bedroom,
everyday life gives rise to an abundance of privacy claims. In the
legal sphere, privacy is invoked with respect to issues including
abortion, marriage, and sexuality. Yet privacy is surrounded by a
mire of theoretical debate. Certain philosophers argue that privacy
is neither conceptually nor morally distinct from other interests,
while numerous legal scholars point to the apparently disparate
interests involved in constitutional and tort privacy law. By
arguing that intimacy is the core of privacy, including privacy
law, Inness undermines privacy skepticism, providing a strong
theoretical foundation for many of our everyday and legal privacy
claims, including the controversial constitutional right to
privacy.
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