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Privacy and the American Constitution: New Rights Through Interpretation of an Old Text

Privacy and the American Constitution: New Rights Through Interpretation of an Old Text

Name: Privacy and the American Constitution: New Rights Through Interpretation of an Old Text
Brand: Springer-Verlag
SKU: 9783319431345
Price: 1462.00 HKD
Availability: InStock
Author: William C. Heffernan
ISBN: 9783319431345

By William C. Heffernan

Springer-Verlag November 2016

Specifications

ISBN-13: 9783319431345
Publisher: Springer-Verlag
Publication: November 2016
Format: Hardback
Jurisdiction: Switzerland ? Countri(es) for reference only

Details

This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion.

The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law.

1. Constitutional Afterthoughts

2. The Right to Wear a Hat-and Other Afterthoughts

3. Developmental Supplementation

4. From Property to Privacy

5. The Emergence of Privacy Norms in Nineteenth Century America

6. The Nineteenth Century Court Reads the Eighteenth Century Text

7. From Thoughts and Beliefs to Emotions and Sensations

8. An Exercise in Supplementation that Failed

9. Ambitious Supplementation

10. Unobtrusive Supplementation

11. Informational Privacy Imperiled

12. Reappraising the Constitutional Past.