2008Oxford University Press eBooksRequires access

The Right of Privacy

Jeffrey Shaman

Open publisher page 1 citations

Abstract

The right of privacy or individual autonomy is an essential element of liberty. The right of privacy may encompass the right to marry and have a family, the right of reproductive freedom, the right of bodily integrity, the right to ingest substances, the right to refuse medical treatment, the right to die, and the right of intimate association. Early state conceptions of the right of privacy were based on the belief that there is a right to be let alone and the philosophic principle that the government has no authority to restrict individual liberty except to prevent harm to others. State courts also maintained that the right of privacy was a natural or fundamental right, inherent in the penumbra of constitutional liberties. In modern times, while the federal conception of privacy became dormant, the state right of privacy is dynamic, and more responsive to the evolving needs of society.

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What this paper is about

The right of privacy or individual autonomy is an essential element of liberty. The right of privacy may encompass the right to marry and have a family, the right of reproductive freedom, the right of bodily integrity, the right to ingest substances, the right to refuse medical treatment, the right to die, and the right of intimate association. Early state conceptions of the right of privacy were based on the belief that there is a right to be let alone and the philosophic principle that the government has no authority to restrict individual liberty except to prevent harm to others. State courts also maintained that the right of privacy was a natural or fundamental right, inherent in the penumbra of constitutional liberties. In modern times, while the federal conception of privacy became dormant, the state right of privacy is dynamic, and more responsive to the evolving needs of society.

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Available abstract

The right of privacy or individual autonomy is an essential element of liberty. The right of privacy may encompass the right to marry and have a family, the right of reproductive freedom, the right of bodily integrity, the right to ingest substances, the right to refuse medical treatment, the right to die, and the right of intimate association. Early state conceptions of the right of privacy were based on the belief that there is a right to be let alone and the philosophic principle that the government has no authority to restrict individual liberty except to prevent harm to others. State courts also maintained that the right of privacy was a natural or fundamental right, inherent in the penumbra of constitutional liberties. In modern times, while the federal conception of privacy became dormant, the state right of privacy is dynamic, and more responsive to the evolving needs of society.

Key concepts: The Right to Privacy, Right to privacy, Right to know, Constitutional right, Harm, Autonomy, State (computer science), Law

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