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This book is about privacy interests in English tort law. Despite
the recent recognition of a misuse of private information tort,
English law remains underdeveloped. The presence of gaps in the law
can be explained, to some extent, by a failure on the part of
courts and legal academics to reflect on the meaning of privacy.
Through comparative, critical and historical analysis, this book
seeks to refine our understanding of privacy by considering our
shared experience of it. To this end, the book draws on the work of
Norbert Elias and Karl Popper, among others, and compares the
English law of privacy with the highly elaborate German law. In
doing so, the book reaches the conclusion that an unfortunate
consequence of the way English privacy law has developed is that it
gives the impression that justice is only for the rich and famous.
If English courts are to ensure equalitarian justice, the book
argues that they must reflect on the value of privacy and explore
the bounds of legal possibility.
This book is about privacy interests in English tort law. Despite
the recent recognition of a misuse of private information tort,
English law remains underdeveloped. The presence of gaps in the law
can be explained, to some extent, by a failure on the part of
courts and legal academics to reflect on the meaning of privacy.
Through comparative, critical and historical analysis, this book
seeks to refine our understanding of privacy by considering our
shared experience of it. To this end, the book draws on the work of
Norbert Elias and Karl Popper, among others, and compares the
English law of privacy with the highly elaborate German law. In
doing so, the book reaches the conclusion that an unfortunate
consequence of the way English privacy law has developed is that it
gives the impression that justice is only for the rich and famous.
If English courts are to ensure equalitarian justice, the book
argues that they must reflect on the value of privacy and explore
the bounds of legal possibility.
This volume provides a comprehensive analysis of civil liability
for invasion of personality interests in Europe. It is the final
product of the collaboration of twenty-seven scholars and includes
case studies of fourteen European jurisdictions, as well as an
introductory chapter written from a US perspective. The case
studies focus in particular on the legal protection of honour and
reputation, privacy, self-determination and image. This volume aims
to detect hidden similarities (the 'common core') in the actual
legal treatment accorded by different European countries to
personal interests which in some of these countries qualify as
'personality rights', and also to detect hidden disparities in the
'law in action' of countries whose 'law in the books' seem to
protect one and the same personality interest in the same way.
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