The Right to Privacy

by Edited by Ellen Frankel Paul , Fred D. Miller, Jr , Jeffrey Paul

• ISBN13: 9780521786218
• ISBN10: 0521786215
• Format: Paperback
• Copyright: 2000-06-26
• Publisher: Cambridge University Press

Summary

The distinction between the public and private spheres of human life is a critical facet of contemporary moral, political, and legal thought. Much recent scholarship has invoked privacy as an important component of individual autonomy and as something essential to the ability of individuals to lead complete and fulfilling lives. However, the protection of one's privacy can interfere with the ability of others to pursue their own projects and with the capacity of the state to achieve collective goals. Developing an acceptable account of the right to privacy - one that provides satisfactory answers to both theoretical and practical questions - has proven to be a vexing problem. The thirteen essays in this volume examine various aspects of both the right to privacy and the roles that this right plays in moral philosophy, legal theory, and public policy.

Table of Contents

Introduction	vii
Acknowledgments	xvi
Contributors	xvii
Deconstructing Privacy: And Putting It Back Together Again	1	(24)
Richard A. Epstein
The Right to Privacy	25	(20)
Lloyd L. Weinreb
Privacy, Control, and Talk of Rights	45	(23)
R. G. Frey
Privacy as a Matter of Taste and Right	68	(23)
Alexander Rosenberg
Egalitarian Justice versus the Right to Privacy	91	(29)
Richard J. Arneson
Privacy and Limited Democracy: The Moral Centrality of Persons	120	(21)
H. Tristram Engelhardt, Jr.
Legal Conventionalism in the U.S. Constitutional Law of Privacy	141	(24)
Mark Tushnet
Privacy and Constitutional Theory	165	(21)
Scott D. Gerber
Privacy and Technology	186	(27)
David Friedman
The Priority of Privacy for Medical Information	213	(22)
Judith Wagner Decew
Genetics and Insurance: Accessing and Using Private Information	235	(41)
A. M. Capron
The Right to Privacy and the Right to Die	276	(17)
Tom L. Beauchamp
Can Public Figures Have Private Lives?	293	(18)
Frederick Schauer
Index	311