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Privacy RevisitedA Global Perspective on the Right to Be Left Alone$
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Ronald J. Krotoszynski, Jr.

Print publication date: 2016

Print ISBN-13: 9780199315215

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199315215.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 05 December 2021



A Prolegomenon to Privacy: On the Potential Virtues and Benefits of a Comparative Legal Analysis of the Right to Be Left Alone

(p.1) Chapter 1 Introduction
Privacy Revisited

Ronald J. Krotoszynski Jr.

Oxford University Press

This chapter begins the analysis by examining a critically important definitional question: What is privacy? Moreover, what are the appropriate metes and bounds of the right of privacy? Does the concept of privacy really do any useful jurisprudential work that more carefully articulated discrete liberty interests could not protect as well as, if not better than, the construct of a right of privacy? Would other, alternative nomenclature, such as human dignity, better serve to conceptualize the discrete interests that we seek to protect from government coercion? Despite the centrality of privacy rights to most systems of constitutional human rights protection—and to democratic self-government—privacy is notoriously difficult to define. Accordingly, an initial difficulty with any study of privacy is the protean nature of the concept. This chapter seeks to elucidate these issues and to provide a working definition of “privacy” that will carry forward in the chapters that follow.

Keywords:   privacy, human dignity, coercion, liberty, self-government, democracy, human rights

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