Privacy and autonomy: From Warren and brandeis to Roe and Cruzan

Journal of Medicine and Philosophy 21 (2):121-135 (1996)
Abstract
Warren and Brandeis' tort against invasion of privacy had chiefly a social goal: to enlist the courts to reinforce the norm of civility. Years later in Griswold v. Connecticut (1965), the Supreme Court announced a constitutional right of privacy that was personal in focus. Here and in subsequent rulings on abortion and the "right to die," it became apparent that Warren and Brandeis' Victorian "right to be let alone" had metamorphosed into a right to autonomy, whose amoeboid contours made prediction or even description a tricky business. But privacy is an unsatisfactory proxy for autonomy, and perhaps for this reason has dwindled in importance as a rationale in these areas. Keywords: abortion, autonomy, Charles Warren, Cruzan v. Director , Missouri Department of Health , Griswold v. Connecticut , In re Quinlan , Louis Brandeis, privacy, right to die, Roe v. Wade , Supreme Court CiteULike Connotea Del.icio.us What's this?
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