The Jurisprudence of Privacy as a Constitutional Right
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Description
The proper philosophical elucidation of the constitutional right to privacy is a major challenge to constitutional jurisprudence. Elsewhere, I have made some suggestions regarding the scope of this constitutional right in the area of sexual autonomy. Here, I should like to develop those suggestions into a more general theory of the constitutional right to privacy, i.e., the application of this right not only to sexual contexts but, as commentators and some courts have suggested, to styles of dress, the use of marijuana, the right to die, and the like. Is it possible, in a philosophically cogent way, to develop a form of philosophical explication which casts light on how and why the constitutional right to privacy has been applied in certain ways and ought to be applied to a number of seemingly disparate and diverse situations? I should like here, in rather brief and summary compass, tentatively to propose a kind of sketch to a prolegomenon of such a theory. I begin with a description of the present forms of the right to privacy in the law, which naturally invites reflection on the jurisprudential foundations of the constitutional right to privacy which is our concern here.
Source Publication
Privacy: A Vanishing Value?
Source Editors/Authors
William C. Bier
Publication Date
1980
Recommended Citation
Richards, David A. J., "The Jurisprudence of Privacy as a Constitutional Right" (1980). Faculty Chapters. 1927.
https://gretchen.law.nyu.edu/fac-chapt/1927
