Judith Wagner DeCew – författare
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Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.
328 kr
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Judith Wagner DeCew provides a solid philosophical foundation for legal discussions of privacy by articulating and unifying diverse arguments on the right to privacy and on how it should be guaranteed in various contemporary contexts. Philosophers and legal theorists tend either to define privacy narrowly or to abandon privacy as conceptually incoherent, she claims. In order to assess how far privacy should extend, and determine how the wide range of specific cases can be reconciled, DeCew surveys the history of the notion of privacy as it first evolved in American tort law and constitutional law and then analyzes current characterizations. In different contexts, privacy has been defined on the basis of information, autonomy, property, and intimacy. DeCew's broader claim is that privacy has fundamental value because it allows us to create ourselves as individuals, offering us freedom from judgment, scrutiny, and the pressure to conform. Feminist theorists often view privacy as a tool for shielding abuses. DeCew responds to this feminist critique of privacy, as well as addressing the issues of abortion and of gay and lesbian sexuality in the context of specific landmark legal cases. In discussions of Roe v. Wade, Bowers v. Hardwick, and the Hart/Devlin debates on decriminalization of homosexuality and prostitution, DeCew applies her broad theory to sexual and reproductive privacy, anti-sodomy laws, and the legislation and enforcement of morals. She finally discusses the intersection of privacy with public safety concerns, such as drug testing, and in light of new communication technologies, such as caller ID.
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With 16 original essays all published here for the first time, Theory and Practice focuses on the relationship between philosophical tradition and everyday life in the Western tradition. In this comprehensive volume, Ian Shapiro and Judith Wagner DeCew have gathered contributions from some of the most influential thinkers of our generation including Cass Sunnstein, Jean Bethke Elshtain, Martha Nussbaum, Jeremy Waldron, and Kent Greenwalt.What are the relations between philosophical theories and everyday life? This question, as old as it is profound, is the central focus of Theory and Practice. The contributors include some of the most influential thinkers of our generation, among them Cass Sunnstein, Jean Bethke Elshtain, Martha Nessbaum, Jeremy Waldron, and Kent Greenwalt. In sixteen chapters--all published here for the first timethe authors examine major attempts to reconcile theory with practice in the Western tradition from Herodotus, Plato, and Aristotle to Kant and Heidegger.Considerable attention is devoted to the role of theory in judicial decision-making, debates between defenders of the value of pure theory and those who argue for the priority of practice, the political implications of theory, practical problems such as global warming, and the theoretical commitments of practitioners from Karl Marx to Vaclav Havel. One of the most expansive volumes in the NOMOS series to date, Theory and Practice will be of interest to philosophers, lawyers, and social scientists from a wide range of disciplines.