Privacy and autonomy: From Warren and brandeis to Roe and Cruzan

Journal of Medicine and Philosophy 21 (2):121-135 (1996)
  Copy   BIBTEX

Abstract

Warren and Brandeis ' tort against invasion of privacy had chiefly a social goal: to enlist the courts to reinforce the norm of civility. Years later in Griswold v. Connecticut, the Supreme Court announced a constitutional right of privacy that was personal in focus. Here and in subsequent rulings on abortion and the " right to die," it became apparent that Warren and Brandeis ' Victorian " right to be let alone" had metamorphosed into a right to autonomy, whose amoeboid contours made prediction or even description a tricky business. But privacy is an unsatisfactory proxy for autonomy, and perhaps for this reason has dwindled in importance as a rationale in these areas. Keywords: abortion, autonomy, Charles Warren, Cruzan v. Director, Missouri Department of Health, Griswold v. Connecticut, In re Quinlan, Louis Brandeis, privacy, right to die, Roe v. Wade, Supreme Court CiteULike Connotea Del.icio.us What's this?

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 101,225

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Egalitarian Justice versus the Right to Privacy?Richard J. Arneson - 2000 - Social Philosophy and Policy 17 (2):91-119.
Privacy as Informational Commodity.Jarek Gryz - 2013 - Proceedings of IACAP Conference.
Privacy and Constitutional Theory.Scott D. Gerber - 2000 - Social Philosophy and Policy 17 (2):165-185.
Privacy and Democracy.Paul Voice - 2016 - South African Journal of Philosophy 35 (3):1-9.
The right to privacy.Janet E. Smith - 2008 - San Francisco: Ignatius Press.

Analytics

Added to PP
2010-08-24

Downloads
68 (#309,389)

6 months
9 (#480,483)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Thomas Halper
Baruch College

Citations of this work

Add more citations

References found in this work

No references found.

Add more references