|
|
|
|
||||
|
||||
Prosser's Privacy Law: A Mixed LegacyNeil M. RichardsWashington University in Saint Louis - School of Law Daniel J. SoloveGeorge Washington University Law School March 11, 2010 California Law Review, Vol. 98, p. 1887, 2010 Washington U. School of Law Working Paper No. 10-03-06 Abstract: This Article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort privacy law is thus a mixed one: He greatly increased the law’s stature at the cost of giving it no guidance and making it less able to adapt to new circumstances in the future. If tort privacy is to remain vital in a digital age, it must move beyond Prosser’s conception.
Number of Pages in PDF File: 39 Accepted Paper SeriesDate posted: March 11, 2010 ; Last revised: August 4, 2011Suggested CitationContact Information
|
|
||||||||||||||||
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
FAQ
Terms of Use
Privacy Policy
Copyright
This page was processed by apollo5 in 0.453 seconds
