Privacy and the Limits of Law

The Yale Law Journal, Vol. 89, No. 3 (Jan., 1980), pp. 421-471

52 Pages Posted: 18 May 2012  

Ruth E. Gavison

Hebrew University of Jerusalem - Faculty of Law

Date Written: May 16, 2012

Abstract

A path-breaking analysis of the concept of privacy as a question of access to the individual and to information about him. An account of the reasons why privacy is valuable, and why it has the coherence that justified maintaining it as both a theoretical concept and an ideal. Finally, the paper looks into the move from identifying the grounds of the value of privacy to the different question of whether and to what extent privacy should be protected by laws. While privacy is a useful concept in social and moral thought, it may well be the case that it is relatively rare that it should be protected by the law in cases where its violation does not also involve infringement or violation of other important interests or values.

Suggested Citation

Gavison, Ruth E., Privacy and the Limits of Law (May 16, 2012). The Yale Law Journal, Vol. 89, No. 3 (Jan., 1980), pp. 421-471. Available at SSRN: https://ssrn.com/abstract=2060957

Ruth E. Gavison (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus, 91905
Israel

HOME PAGE: http://www.gavison.com

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