Discusses the reasons why and the degree to which privacy should be protected
The Right to Privacy
Gays, Lesbians, and the Constitution
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Vincent J. Samar
Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork’s questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that these privacy issues share a common constitutional-ethical underpinning with issues such as abortion, surrogate motherhood, drug testing, and the right to die.
"Vincent J. Samar, drawing upon the law, philosophy, and political science has made a major scholarly contribution to the consideration of privacy and individual rights."
"[This book] puts the problems of privacy into a broader, deeper philosophical framework of human rights. It is very sophisticated in its knowledge and use of legal materials and in the very insightful way in which it interprets these in the light of philosophical principles. The book should have an impact on legal theorists, philosophers, and the general public."
"I like the book very much.... It puts forward an interesting concept of privacy, and that concept may influence other scholars and some judges."
Part I: Theory
1. The Objects of Legal Privacy
2. The Concept of Legal Privacy
3. A Justification for Legal Privacy
Part II: Practice
4. Legal Epistemology and Privacy
Epilogue: Autonomy: The Ultimate Question