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Unformatted text preview: , the person under surveillance, and the location where the interception is actually carried out. Privacy is a human need and a human value Anita L. Allen, Professor of Law, University of Pennsylvania Law School, "Reuschlein Lecture: Lying to Protect Privacy." Villanova Law Review, 1999. A large amount of philosophical, jurisprudential and psychological literature argues that privacy, including sexual privacy, is important. n77 Philosophers ascribe to privacy a utilitarian and deontic value tied to autonomy, independence, selfexpression, love, friendship, bodily integrity, judgment and democracy. Jurisprudential scholars stress privacy's value as it relates to limiting government and democratic rights. n78 Psychologists say privacy is key to our well-being, which is characterized by the reduction of social anxieties. PRIVACY IS A NATURAL RIGHT Lloyd L. Weinreb, Dane Professor of Law at Harvard Law School, The Right To Privacy, 2000, pages 25-44 The whole subject of privacy is considerably muddled by the convergence of claims and arguments of very different kinds: that the desire for privacy is a natural and universal human characteristic; that there are many legal rights to privacy or that there is one overarching legal right that takes many particular forms; that privacy is inherently good or is generally productive of the good. At least one important strand in the discussion, which is not always clearly distinguished from the rest, represents privacy as a right that is not in any way dependent on positive law but stands behind and justifies particular legal rights. PRIVACY IS A NATURAL RIGHT (GRISWOLD V. CONNETICUT) Lloyd L. Weinreb, Dane Professor of Law at Harvard Law School, The Right To Privacy, 2000, pages 25-44 So, for example, in Griswold v. Connecticut (1965), Justice William 0. Douglas based the conclusion that married couples have a constitutional right to use contraceptives in their bedroom on "a right of privacy older than the Bill of Rights."3 Although he cited some prior cases as evidence that there is such a right, he did not indicate its source, whether some law higher than the Constitution, the community's long tradition, or s...
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This document was uploaded on 11/20/2013.
- Fall '13