The Dual System of Privacy Rights in the United States

Nonfiction, Social & Cultural Studies, Political Science, Politics, Civil Rights, Government
Cover of the book The Dual System of Privacy Rights in the United States by Mary McThomas, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Mary McThomas ISBN: 9781135128562
Publisher: Taylor and Francis Publication: March 5, 2013
Imprint: Routledge Language: English
Author: Mary McThomas
ISBN: 9781135128562
Publisher: Taylor and Francis
Publication: March 5, 2013
Imprint: Routledge
Language: English

Theoretically, the right to privacy is an individual’s right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the right to privacy in the United States has proven problematic for both political theorists and constitutional scholars, as it does not conform to theoretical conceptions of privacy or to existing theories of constitutional development.

Mary McThomas provides a new model that helps us to think about both the right to privacy as well as constitutional development. She first divides privacy issues into two categories, and then illustrates how the two categories are treated differently. The first category, proprietary privacy, covers such issues as medical records and wiretapping. The second category, decisional privacy, involves making decisions about intimate matters such as the right to die, same-sex marriage, and abortion. McThomas tracks and assesses higher court cases in conversational privacy, representative of proprietary privacy, and court cases in marital privacy, representative of decisional privacy. She concludes that the most notable difference between the different types of privacy is that decisional privacy has evolved more slowly towards constitutionalization, and so is much more likely to be limited by community standards and social norms.

This book brings the theoretical conceptions and the practice of privacy rights together, explaining what has happened in the area up until this point, and offering ways to predict how the courts will handle some of today’s most contentious issues.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Theoretically, the right to privacy is an individual’s right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the right to privacy in the United States has proven problematic for both political theorists and constitutional scholars, as it does not conform to theoretical conceptions of privacy or to existing theories of constitutional development.

Mary McThomas provides a new model that helps us to think about both the right to privacy as well as constitutional development. She first divides privacy issues into two categories, and then illustrates how the two categories are treated differently. The first category, proprietary privacy, covers such issues as medical records and wiretapping. The second category, decisional privacy, involves making decisions about intimate matters such as the right to die, same-sex marriage, and abortion. McThomas tracks and assesses higher court cases in conversational privacy, representative of proprietary privacy, and court cases in marital privacy, representative of decisional privacy. She concludes that the most notable difference between the different types of privacy is that decisional privacy has evolved more slowly towards constitutionalization, and so is much more likely to be limited by community standards and social norms.

This book brings the theoretical conceptions and the practice of privacy rights together, explaining what has happened in the area up until this point, and offering ways to predict how the courts will handle some of today’s most contentious issues.

More books from Taylor and Francis

Cover of the book Democratic Accountability and International Human Development by Mary McThomas
Cover of the book Dreams and Education (RLE Edu K) by Mary McThomas
Cover of the book Compendium of Insurance Law by Mary McThomas
Cover of the book Patents, Pictures and Patronage by Mary McThomas
Cover of the book The Reinvention of Britain 1960-2016 by Mary McThomas
Cover of the book Neo-Liberal Strategies of Governing India by Mary McThomas
Cover of the book Systemic Structural Constellations and Sustainability in Academia by Mary McThomas
Cover of the book Strategic Journeys for Building Logical Reasoning, 9-12 by Mary McThomas
Cover of the book Architecture Against the Post-Political by Mary McThomas
Cover of the book Behavioural and Mental Health Research by Mary McThomas
Cover of the book The Political Economy of European Integration by Mary McThomas
Cover of the book Voice Studies by Mary McThomas
Cover of the book Gender and Social Psychology by Mary McThomas
Cover of the book The Soviet Revolution by Mary McThomas
Cover of the book Japan and Multilateral Diplomacy by Mary McThomas
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy