The Right to Privacy: Rights and Liberties Under the Law

ABC-CLIO, 2003 - 399페이지
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A thorough introduction to privacy law, covering landmark cases, important themes, historical curiosities, and enduring controversies.

The Right to Privacy: Rights and Liberties under the Law measures the impact of what Louis Brandeis called, The most comprehensive of rights and the most valued by civilized man. As the book shows, an individual's right to privacy is not a written-in-stone concept, but one that emerged from the shadows of a number of amendments and court decisions. The book traces that concept to its philosophical and common law roots, then looks at how privacy rights have been interpreted, expanded, and sometimes curtailed throughout the 20th century.

It concludes with a review of privacy rights today, examining landmark recent cases involving euthanasia, polygamy, reproductive rights for inmates, same-sex unions, adoption by gays and lesbians, the right to withhold personal information, and more.

  • A source materials section consisting of critical primary documents, court decisions, statutory provisions, etc., reprinted in excerpted form and preceded by brief headnotes explaining the significance and background of the reproduced material
  • A background reference section--alphabetically arranged entries, combining scholarship with insight, on important people, laws, events, legal issues, constitutional issues, judicial decisions, statutes, places, institutions, offices, organizations, terms, and concepts that are central to understanding the right to privacy

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The Right to Privacy: Rights and Liberty under the Law is a loosley linked collection of privacy case law. The chronology and annotated bibliography were more informative than the text, which was ... 전체 리뷰 읽기

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Series Foreword
Preface and Acknowledgments
1 Introduction
2 Origins
3 TwentiethCentury Issues
4 The Twentyfirst Century
5 Key People Cases and Events
6 Documents
Table of Cases
Annotated Bibliography
About the Author

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125 페이지 - The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
29 페이지 - If two laws conflict with each other the courts must decide on the operation of each. So, if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
27 페이지 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
48 페이지 - The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his forces dare not cross the threshold of the ruined tenement...
62 페이지 - They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things. They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the government, the right to be let alone — the most comprehensive of rights and the right most valued by civilized men.
27 페이지 - It is far more rational to suppose, that the courts were designed to be an intermediate*") body between the people and the legislature, in order, among/ other things, to keep the latter within the limits assigned to their authority.
ix 페이지 - Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.
316 페이지 - We are dealing here with legislation which involves one of the basic civil rights of man. Marriage and procreation are fundamental to the very existence and survival of the race.
215 페이지 - The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness. They recognized the significance of man's spiritual nature, of his feelings and of his intellect. They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things.

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저자 정보 (2003)

Richard A. Glenn is associate professor of government and political affairs at Millersville University, Millersville, PA.

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