Privacy Law's Indeterminacy
20 Theoretical Inquiries L. XX (2019)
17 Pages Posted: 3 Dec 2018
Date Written: November 8, 2018
American Legal Realism numbers among the most important theoretical contributions of legal academia to date. Given the movement’s influence, as well as the common centrality of certain key figures, it is surprising that privacy scholarship in the United States has paid next to no attention to the movement. This inattention is unfortunate for several reasons, including that privacy law furnishes rich examples of the indeterminacy thesis — a key concept of American Legal Realism — and because the interdisciplinary efforts of privacy scholars to explore extra-legal influences on privacy law arguably further the plot of legal realism itself. The application of social science to privacy has, if anything, deepened its indeterminacy.
Keywords: privacy, legal realism
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