Transforming Privacy: A Transpersonal Philosophy of RightsBloomsbury Academic, 1998 M02 18 - 272 pages Using an innovative history of the constitutional right to privacy, and inspired by Emersonian Justices like Brandeis and Douglas, this book rescues the meaning of privacy from prevalent liberal thinking by proposing a general theory of rights based on a spiritual-ecological jurisprudence tradition at the heart of American law. The right to privacy is a powerful, yet often overlooked tradition, whose main representatives are Justice Brandeis and Justice Douglas, both of whom translated into concretely legal and political ideas the philosophy of American thinkers like Emerson and Thoreau. In light of this historical understanding, the major constitutional cases relating to privacy, such as Griswold or Roe v. Wade, are given new interpretations. Through a radical reinterpretation of Mill's philosophy of liberty, and a comparison of that reinterpretation with the one of Brandeis, this book proposes a new general theory of rights, based on the valuation of privacy as a transformative context in which self-knowledge can emerge, giving birth to ethical and communal responsibility. |
Contents
The Abysmal State of Privacy in the Age of Absolute | 1 |
The Philosophy of Privacy | 21 |
Chapter 2 | 53 |
Copyright | |
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Other editions - View all
Transforming Privacy: A Transpersonal Philosophy of Rights Stefano Scoglio No preview available - 1998 |
Common terms and phrases
abortion action active Amendment American approach become Bigness Brandeis Brandeis's central choice claim clear concept condition considered constitutional Court decision dimension direct dissent distinction Douglas due process economic emerges empirical essence essential ethical existential expression fact force freedom fundamental gives ground hand Harlan harm human idea immunity important independence individual inherent inner instance interest interference interiority involved judicial Justice legitimate liberal liberty limits living majority material means Mill mind moral natural law notion one's opinion opposition outer political position possible practice present principle production promote protection radical reality reason reference relation remains require responsibility result right to privacy seen sense shows side social society soul speech sphere spiritual standard substantive theory things thought tradition transpersonal true understanding universal utilitarian wealth whereby whole York