Refining Privacy in Tort Law by Patrick O'Callaghan

By Patrick O'Callaghan

This booklet is ready privateness pursuits in English tort legislations. regardless of the new attractiveness of a misuse of personal info tort, English legislations is still underdeveloped. The presence of gaps within the legislations will be defined, to some degree, by way of a failure at the a part of courts and criminal lecturers to mirror at the which means of privateness. via comparative, serious and ancient research, this ebook seeks to refine our figuring out of privateness by way of contemplating our shared event of it. To this finish, the publication attracts at the paintings of Norbert Elias and Karl Popper, between others, and compares the English legislation of privateness with the hugely intricate German legislations. In doing so, the ebook reaches the realization that an unlucky end result of how English privateness legislation has built is that it gives the look that justice is simply for the wealthy and well-known. If English courts are to make sure equalitarian justice, the booklet argues that they have to examine the worth of privateness and discover the limits of felony possibility.

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Among contemporary privacy scholars, Daniel Solove ranks as the most prominent taxonomist. Drawing on Wittgenstein’s idea of family resemblances and the philosophy of pragmatism, Solove seeks to provide a taxonomy of privacy interests suited to the complexities of the twenty-first century. 86 They include: 1. Information Collection. This group consists of the potential wrongs of surveillance and interrogation; in other words, the act of gathering private information can be a wrongful act in itself.

I now move on to consider each of these conjectures in turn. 1 Identity, Human Dignity and Rank The difficulty associated with potential scientific objectification throws light on the concept itself. Personality implies individuality. ’ See Kateb, Human Dignity (2011) pp 157–158. 50 Mead, Mind, Self, & Society (1934) p 324. 51 Ibid. 3 Privacy and Personality 33 individuality. 52 In this way, personality is associated with identity. Through it, we become conscious of the unique identity of the human species as a whole and the uniqueness of each human individual.

Solove, for instance, provides a thoughtful analysis of privacy’s value. See Solove, Understanding Privacy (2009). P. 2 2 Three Conjectures About Privacy Assessing the Value of Privacy In reflecting on privacy’s content, I draw on the American sociologist Wright Mills’ idea of a ‘sociological imagination’. Wright Mills believed that the most instructive insights are often gained by thinking about extremes. 2 In thinking about our shared experience of privacy, I propose imagining a world in which privacy does not exist in any form and a world in which privacy is understood as a value of paramount importance.

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