Values File

For rubenfeld the political character of the

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Unformatted text preview: that individuals are and should be wellinformed, morally autonomous choosers. My conception is also egalitarian and feminist in its assumption that a background of educational, economic, and sexual equality is a requirement of meaningful choice. In a just and liberal democracy, one's ability to choose how one shall live will be constrained through taxation and regulation so that others can achieve a comparable palette of choices. The "old" civic republican conception of privacy rights as public recognition of obligations generated by encumbrances of identity may well have been what Warren and Brandeis had in mind. So much the worse for them. Surely my privacy means more than that others should let me alone to be the best darn African-American, Methodist, suburban wife and mother I can be. Privacy is also a matter of freedom to escape, reject, and modify such identities. I should be free to make and remake myself. Privacy is a matter of escaping as well as embracing encumbrances of identity. Without adequate privacy, there can be no meaningful identities to embrace or escape, and no opportunities to engage in meaningful reflection, conversation, and debate about the grounds for embracing, escaping, and modifying particular identities. Undergirding the liberal democratic way of life will require public policies mindful of the cumulative threat to privacy. SLHS Value File PRIVACY IS A PREREQUISITE FOR TRUST AND CURBS TOTALITARIANISM Barbara von Tigerstrom, Clerk, Supreme Court of Canada, APPEAL: REVIEW OF CURRENT LAW AND LAW REFORM, 1998, p. 46-47. Opinions differ as to the interests and values that are protected by a right to privacy. One view sees privacy as crucial to the protection of human dignity and personality, while the other major perspective emphasizes the importance of privacy to society and social relationships. An example of the former is the well-known early article on "The Right to Privacy" by Warren and Brandeis, in which the interest protected was referred to as "inviolate personality," an interest distinct from th...
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