Privacy Revisited: A Global Perspective on the Right to Be Left Alone

Author:   Ronald J. Krotoszynski Jr (University of Alabama School of Law)
Publisher:   Oxford University Press Inc
ISBN:  

9780190876913


Pages:   314
Publication Date:   15 June 2018
Format:   Paperback
Availability:   To order   Availability explained
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Privacy Revisited: A Global Perspective on the Right to Be Left Alone


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Author:   Ronald J. Krotoszynski Jr (University of Alabama School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 15.70cm , Height: 1.90cm , Length: 23.50cm
Weight:   0.448kg
ISBN:  

9780190876913


ISBN 10:   0190876913
Pages:   314
Publication Date:   15 June 2018
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   To order   Availability explained
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Preface Acknowledgments Chapter 1: Introduction A Prolegomenon to Privacy: On the Potential Virtues and Benefits of a Comparative Legal Analysis of the Right To Be Let Alone Chapter 2: The United States The Polysemy of Privacy: An Analysis of the Many Faces and Facets of the Right of Privacy in the Contemporary United States Chapter 3: Canada Privacy in Canada: Taming a Notoriously Protean Legal Concept with a Coherent and Purposive Approach Chapter 4: The Republic of South Africa Privacy in South Africa: Deploying Dignity, Equality, and Freedom to Safeguard the Process of Democratic Self-Government Chapter 5: The United Kingdom Privacy in the United Kingdom: On the Perils and Promise of Weak-Form Judicial Review in Securing Privacy Rights Chapter 6: The European Court of Human Rights Privacy Rights in Europe: Reconciling Privacy and Speech in the Era of Big Data Chapter 7: Conclusion Bringing Meiklejohn to Privacy: On the Essential Complementarity of Privacy and Speech Index

Reviews

For those seeking a lucis analysis of the development (or lack thereof) of constitutional privacy law in the jurisdictions considered ... Krotoszynski provides a comprehensive and thought-provoking overview ... Privacy Revisited is required reading for academics and practitioners looking to develop their understanding of constitutional privacy law across Western liberal democracies. - Joe Purshouse, University of East Anglia, Cambridge Law Journal I loved the book because it is such a smart and dynamic engagement with comparative law's current malaise... In this wide-ranging work we see the challenges, shortcomings, and promise of [several] competing approaches to comparative law. Who among us hasn't struggled with this, the comparatist's fundamental dilemma? Too few of us are willing to live that struggle so openly and honestly as Krotoszynski. He has given us a compelling invitation to keep hammering away at that methodological and theoretical problem. Whatever we might mean by privacy, Krotoszynski isn't going to let us mask our disciplinary challenges. - Russell Miller, Jotwell This is a wise book that offers a welcome dose of comparative law learning. It is indispensable reading for anyone who wants to grasp global challenges of privacy law. -James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School It's commonplace to note that American law is exceptional in its under-protection of privacy rights in relation to the rest of the industrialized, digitized, networked world. But the nature and reasons for American privacy exceptionalism have rarely received sustained examination. In this careful, erudite, and insightful book, Krotoszynski explains how privacy rights vary between the US, Canada, South Africa, Britain, and continental Europe, and how that variation maps onto different protections for freedom of expression. Digging deeply into both the legal doctrine and broader legal cultures of these societies, Krotoszynski illuminates our understanding of how different societies can protect privacy in such different ways, even as our networked economies bring the world's legal cultures ever closer. A global information society needs interoperable privacy rules, but all too often the world's legal systems talk past each other. - Neil Richards, Professor of Law, Washington University In an increasingly globalized world, in which we carry in our pockets the ability to broadcast intimate information around the world instantaneously, the need to understand how other countries define and protect privacy has never been greater. Professor Krotoszynski's Privacy Revisited is a learned and wide-ranging lesson in how and why we remain very far from a global legal consensus on the scope and meaning of privacy. -David S. Law, Professor of Law and Professor of Political Science, Washington University in St. Louis Professor Krotoszynski provides a valuable overview of how several constitutional systems accommodate competing interests in privacy, speech, and democracy. He shows how scholarship in comparative law can help one think about one's own legal system while remaining sensitive to the different cultural and institutional settings of each nation's law. A very useful contribution. -Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School Privacy Revisited is a truly remarkable book. Successfully deploying an analytic approach which is both comparative and contextual is a wonderful achievement in itself, but Krotoszynski does more. He offers a framework for thinking about privacy as a global human right. In so doing, he shows that the way privacy is understood in the United States means that privacy is protected neither 'as reliably or as comprehensively' as it is in other liberal democracies. This argument is bracing and persuasive, and it makes a singularly important contribution to scholarship and public discourse. -Austin Sarat, Associate Dean of the Faculty, William Nelson Cromwell Professor of Jurisprudence & Political Science, and Director, Mellon Project on Student-Faculty Research, Amherst College


For those seeking a lucis analysis of the development (or lack thereof) of constitutional privacy law in the jurisdictions considered ... Krotoszynski provides a comprehensive and thought-provoking overview ... Privacy Revisited is required reading for academics and practitioners looking to develop their understanding of constitutional privacy law across Western liberal democracies. * Joe Purshouse, University of East Anglia, Cambridge Law Journal * I loved the book because it is such a smart and dynamic engagement with comparative law's current malaise... In this wide-ranging work we see the challenges, shortcomings, and promise of [several] competing approaches to comparative law. Who among us hasn't struggled with this, the comparatist's fundamental dilemma? Too few of us are willing to live that struggle so openly and honestly as Krotoszynski. He has given us a compelling invitation to keep hammering away at that methodological and theoretical problem. Whatever we might mean by privacy, Krotoszynski isn't going to let us mask our disciplinary challenges. * Russell Miller, Jotwell * This is a wise book that offers a welcome dose of comparative law learning. It is indispensable reading for anyone who wants to grasp global challenges of privacy law. * James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School * It's commonplace to note that American law is exceptional in its under-protection of privacy rights in relation to the rest of the industrialized, digitized, networked world. But the nature and reasons for American privacy exceptionalism have rarely received sustained examination. In this careful, erudite, and insightful book, Krotoszynski explains how privacy rights vary between the US, Canada, South Africa, Britain, and continental Europe, and how that variation maps onto different protections for freedom of expression. Digging deeply into both the legal doctrine and broader legal cultures of these societies, Krotoszynski illuminates our understanding of how different societies can protect privacy in such different ways, even as our networked economies bring the world's legal cultures ever closer. A global information society needs interoperable privacy rules, but all too often the world's legal systems talk past each other. * Neil Richards, Professor of Law, Washington University * In an increasingly globalized world, in which we carry in our pockets the ability to broadcast intimate information around the world instantaneously, the need to understand how other countries define and protect privacy has never been greater. Professor Krotoszynski's Privacy Revisited is a learned and wide-ranging lesson in how and why we remain very far from a global legal consensus on the scope and meaning of privacy. * David S. Law, Professor of Law and Professor of Political Science, Washington University in St. Louis * Professor Krotoszynski provides a valuable overview of how several constitutional systems accommodate competing interests in privacy, speech, and democracy. He shows how scholarship in comparative law can help one think about one's own legal system while remaining sensitive to the different cultural and institutional settings of each nation's law. A very useful contribution. * Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School * Privacy Revisited is a truly remarkable book. Successfully deploying an analytic approach which is both comparative and contextual is a wonderful achievement in itself, but Krotoszynski does more. He offers a framework for thinking about privacy as a global human right. In so doing, he shows that the way privacy is understood in the United States means that privacy is protected neither 'as reliably or as comprehensively' as it is in other liberal democracies. This argument is bracing and persuasive, and it makes a singularly important contribution to scholarship and public discourse. * Austin Sarat, Associate Dean of the Faculty, William Nelson Cromwell Professor of Jurisprudence & Political Science, and Director, Mellon Project on Student-Faculty Research, Amherst College *


Author Information

Ronald J. Krotoszynski, Jr. is the John S. Stone Chair, Director of Faculty Research, and Professor of Law at the University of Alabama School of Law. He clerked for the Honorable Frank M. Johnson, Jr., of the United States Court of Appeals for the Eleventh Circuit and was an associate with Covington & Burling. Prior to joining the faculty at the University of Alabama School of Law, Professor Krotoszynski served on the law faculties of Washington and Lee University and the Indiana University McKinney School of Law.

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