Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- 1 Privacy: philosophical dimensions of the literature
- 2 Social distance and the veil
- 3 The origins of modern claims to privacy
- 4 The right to privacy [the implicit made explicit]
- 5 Privacy [a legal analysis]
- 6 Privacy as an aspect of human dignity: an answer to Dean Prosser
- 7 Privacy [a moral analysis]
- 8 Privacy, freedom, and respect for persons
- 9 Privacy and self-incrimination
- 10 Intimacy and privacy
- 11 The right to privacy
- 12 Why privacy is important
- 13 Privacy, intimacy, and personhood
- 14 Privacy: some arguments and assumptions
- 15 An economic theory of privacy
- 16 Privacy and the limits of law
- 17 Privacy and intimate information
- Selected bibliography
- Index of names
4 - The right to privacy [the implicit made explicit]
Published online by Cambridge University Press: 12 December 2009
- Frontmatter
- Contents
- List of contributors
- Preface
- 1 Privacy: philosophical dimensions of the literature
- 2 Social distance and the veil
- 3 The origins of modern claims to privacy
- 4 The right to privacy [the implicit made explicit]
- 5 Privacy [a legal analysis]
- 6 Privacy as an aspect of human dignity: an answer to Dean Prosser
- 7 Privacy [a moral analysis]
- 8 Privacy, freedom, and respect for persons
- 9 Privacy and self-incrimination
- 10 Intimacy and privacy
- 11 The right to privacy
- 12 Why privacy is important
- 13 Privacy, intimacy, and personhood
- 14 Privacy: some arguments and assumptions
- 15 An economic theory of privacy
- 16 Privacy and the limits of law
- 17 Privacy and intimate information
- Selected bibliography
- Index of names
Summary
It could be done only on principles of private justice, moral fitness, and public convenience, which, when applied to a new subject, make common law without a precedent; much more when received and approved by usage.
Willes, J., in Millar v. Taylor, 4 Burr. 2303, 2312.That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet the demands of society. Thus, in very early times, the law gave a remedy only for physical interference with life and property, for trespasses vi et armis. Then the “right to life” served only to protect the subject from battery in its various forms; liberty meant freedom from actual restraint; and the right to property secured to the individual his lands and his cattle. Later, there came a recognition of man's spiritual nature, of his feelings and his intellect. Gradually the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life,—the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term “property” has grown to comprise every form of possession—intangible, as well as tangible.
- Type
- Chapter
- Information
- Philosophical Dimensions of PrivacyAn Anthology, pp. 75 - 103Publisher: Cambridge University PressPrint publication year: 1984
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