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The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No ...

The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way. This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law, from the Hittites to the Puritans, is presented, as is the impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill, along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented, and the important Supreme Court decisions on privacy from Griswold to Roe v. Wade are discussed in detail.

Using an innovative history of the constitutional right to privacy, and inspired by Emersonian Justices like Brandeis and Douglas, this book rescues the meaning of privacy from prevalent liberal thinking by proposing a general theory of rights based on a spiritual-ecological jurisprudence tradition ...

Using an innovative history of the constitutional right to privacy, and inspired by Emersonian Justices like Brandeis and Douglas, this book rescues the meaning of privacy from prevalent liberal thinking by proposing a general theory of rights based on a spiritual-ecological jurisprudence tradition at the heart of American law. The right to privacy is a powerful, yet often overlooked tradition, whose main representatives are Justice Brandeis and Justice Douglas, both of whom translated into concretely legal and political ideas the philosophy of American thinkers like Emerson and Thoreau. In light of this historical understanding, the major constitutional cases relating to privacy, such as Griswold or Roe v. Wade, are given new interpretations. Through a radical reinterpretation of Mill's philosophy of liberty, and a comparison of that reinterpretation with the one of Brandeis, this book proposes a new general theory of rights, based on the valuation of privacy as a transformative context in whichself-knowledge can emerge, giving birth to ethical and communal responsibility.

Fourth in the popular and well-regarded SPTL seminar series, this is an important book which explores the concepts of privacy and loyalty in the law of obligations. Privacy and fiduciary obligations are two very topical subjects, and it is fitting that they are examined here by contributors who are ...

Fourth in the popular and well-regarded SPTL seminar series, this is an important book which explores the concepts of privacy and loyalty in the law of obligations. Privacy and fiduciary obligations are two very topical subjects, and it is fitting that they are examined here by contributors who are among the best known writers in this field. The contributions include Privacy as a Constitutional Right and Value by Eric Barendt; Comparative Rights of Privacy of Public Figures by Basil Markesinis and Nico Nolte; and Constructive Fiduciaries? by Lionel Smith. These essays combine practical and academic perspectives which usefully highlight contemporary trends in the law of obligations. In addition to the essays, there is an extended Editor's Introduction by Peter Birks, a recognized expert in this field. This book will be a very valuable addition to the libraries of all practitioners and teachers involved in this area of law.