David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Social Philosophy and Policy 17 (2):141 (2000)
Drawing on themes important in moral and political philosophy, much of the scholarship on the constitutional law of privacy in the United States distinguishes between privacy understood as a person's control over information and privacy understood as a person's ability to make autonomous decisions. For example, Katz v. United States established the framework for analyzing whether police activity constituted a “search” subject to the Fourth Amendment's requirement that the police either obtain a warrant before conducting a search or otherwise act reasonably. The defendant was a professional gambler who knew enough about police techniques to use a public telephone to make his business calls. Police agents attached a listening device to the outside of the phone booth, and sought to use the recordings against the defendant. The Supreme Court agreed with the defendant that the Fourth Amendment had been violated. Justice John Marshall Harlan's influential concurring opinion asserted that a person's privacy, in the sense of control over information, depended on two factors: “that a person have exhibited an actual expectation of privacy and, second, that the expectation be one that society is prepared to recognize as ‘reasonable.’” Fourth Amendment cases like Katz involve informational control; they define the circumstances under which the government may acquire information from or about a person without first obtaining the person's agreement. In contrast, cases like Griswold v. Connecticut, which barred the state from making it a criminal offense to use contraceptives, and Roe v. Wade, which restricted the state's power to prohibit or regulate abortions, used the language of privacy rights to protect a much broader interest in autonomous decision-making. Seeing these cases and related ones through lenseees provided by moral and political philosophy, scholars have attempted to describe what a morally sound constitutional law of privacy would be, and the broadest sense, dworkinian. That is, they seek to provide an account of privacy with two characteristics: it is broadly consistent with the relevant constitutional decisions, and it is the most morally attractive account possible that satisfies the requirement of consistency with the decisions.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Anita L. Allen (1996). Constitutional Law and Privacy. In Dennis M. Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Blackwell Publishers
John Arthur & William H. Shaw (eds.) (2010). Readings in the Philosophy of Law. Pearson Prentice Hall.
G. Pino (1999). The Place of Legal Positivism in Contemporary Constitutional States. Law and Philosophy 18 (5):513-536.
Neil MacCormick (2007). Institutions of Law: An Essay in Legal Theory. Oxford University Press.
Allen Thomas O'Rourke, Refuge From a Jurisprudence of Doubt: Hohfeldian Analysis of Constitutional Law.
Lawrence O. Gostin (2001). Health Information: Reconciling Personal Privacy with the Public Good of Human Health. [REVIEW] Health Care Analysis 9 (3):321-335.
Pavlos Eleftheriadis (2010). Pluralism and Integrity. Ratio Juris 23 (3):365-389.
Lorenzo Zucca (2007). Constitutional Dilemmas: Conflicts of Fundamental Legal Rights in Europe and the USA. OUP Oxford.
G. T. Laurie (2002). Genetic Privacy: A Challenge to Medico-Legal Norms. Cambridge University Press.
Luca Compagna, Paul El Khoury, Alžběta Krausová, Fabio Massacci & Nicola Zannone (2009). How to Integrate Legal Requirements Into a Requirements Engineering Methodology for the Development of Security and Privacy Patterns. Artificial Intelligence and Law 17 (1):1-30.
Paul El Khoury Luca Compagna, Fabio Massacci Alžběta Krausová & Nicola Zannone (2009). How to Integrate Legal Requirements Into a Requirements Engineering Methodology for the Development of Security and Privacy Patterns. Artificial Intelligence and Law 17 (1).
Jeffery L. Johnson (1994). Constitutional Privacy. Law and Philosophy 13 (2):161 - 193.
Added to index2010-08-31
Total downloads114 ( #28,279 of 1,781,467 )
Recent downloads (6 months)1 ( #295,005 of 1,781,467 )
How can I increase my downloads?