Cornell University Press In Pursuit of Privacy: Law, Ethics, and the Rise of Technology

Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID. Review In Pursuit of Privacy makes a significant contribution to the on-going philosophical debate on the nature and value of privacy. In particular, DeCew's attempt to furnish a systematic justification of a broad conception of privacy is worth careful study and her analyses of present-day dangers to privacy deserve every citizen's thoughtful attention.-- "Ethics" In Pursuit of Privacy can serve as an excellent introduction to privacy issues in American jurisprudence, carefully laying out the history of privacy in tort and constitutional law, and presenting important contemporary issues.--Philip Cafaro "Philosophy in Review" Decew makes powerful and persuasive arguments.... She uses techniques of counterexample, isolation of generalizable principles, analysis, and refutation to fashion from the messy confusion of situational facts a legal concept of privacy that reflects common values and safeguards individuals' integrity.--Andrea Nye "Signs" Privacy as a constitutional warrant is an important, controversial, and enigmatic concept.... Judith Wagner DeCew provides a useful introduction to the landscape of the debate.... An accessible starting point for those interested in thinking more carefully and systematically about this ever-evolving concept.-- "Feminist Approaches to Bioethics Newsletter" Well-written and balanced.... Readers not already expert in the legal and the philosophical literatures will find this an enlightening analysis, and experts too should find some food for thought.--Daniel N. Hoffman "The Law and Politics Book Review" About the Author Judith Wagner DeCew is Associate Professor of Philosophy at Clark University.