1st Edition

The Dual System of Privacy Rights in the United States

By Mary McThomas Copyright 2013
132 Pages
by Routledge

132 Pages
by Routledge

132 Pages
by Routledge

Theoretically, the right to privacy is an individual’s right to space away from the public gaze to make life choices that are best for her or him, regardless of the beliefs of the majority. Yet the right to privacy in the United States has proven problematic for both political theorists and constitutional scholars, as it does not conform to theoretical conceptions of privacy or to existing... Read more

1. Introduction. 2. Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy. 3. Marital Privacy. 4. Conversational Privacy. 5. Theoretical and Political Implications. 6. Conclusion.

Biography

Mary McThomas is an Assistant Professor of Political Science at Mississippi State University. Her primary research interests include privacy, the role of individual rights and rights-claiming in a pluralistic society, immigration, and theories of citizenship.

"Mary McThomas has accomplished the impossible: a fresh new reading of American privacy doctrine. I urge my fellow constitutionalists to read this book."

—Judith Baer, Texas A&M University

"The Dual System of Privacy Rights in the United States is a wonderful addition to the literature on the constitutional law of privacy. Combining a rich and sophisticated approach to political and legal theory with compelling case studies of the evolution of privacy law on the U.S. Supreme Court, Mary McThomas achieves the uncommon – she changes the way that we think about both privacy law and the role of courts in a democratic society. It is an excellent example of how theory and empirics should be combined in studies of law and courts."

—Jack Knight, Duke University