Transforming Privacy - (Praeger Transformational Politics and Political Science) by Stefano Scoglio (Hardcover)

About the Book

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.

Book Synopsis

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.

Review Quotes

.,."a serious and yet bold new reading of privacy."-Choice

.,."takes a fresh look at British and American notions of privacy since 1850 and thereby illuminates recent court decisions."-Privacy Journal

?...a serious and yet bold new reading of privacy.?-Choice

?...takes a fresh look at British and American notions of privacy since 1850 and thereby illuminates recent court decisions.?-Privacy Journal

?For academics maily interested in the connection of privacy to mind, and for those whose professional life is bound up in privacy literature this is probably a book that should be looked at.?-The Law and Politics Book Review

..."a serious and yet bold new reading of privacy."-Choice

..."takes a fresh look at British and American notions of privacy since 1850 and thereby illuminates recent court decisions."-Privacy Journal

"For academics maily interested in the connection of privacy to mind, and for those whose professional life is bound up in privacy literature this is probably a book that should be looked at."-The Law and Politics Book Review

About the Author

STEFANO SCOGLIO is a Research Assistant at the University of Urbino, Italy. He is the founder and president of a successful health food company.