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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.

Origins and history of privacy -- Narrow views of privacy developed from the law -- Definitions of privacy, philosophical responses, and conceptual alternatives -- Defending a broad conception of privacy -- The feminist critique of privacy -- Judicial interpretation and John Hart Ely's critique of Roe v. Wade -- Constitutional privacy and the arguments in Bowers v. Hardwick -- Drug testing: a case study in balancing privacy and public safety -- Information technology: a challenge to privacy protection

Free speech has historically been viewed as a special and preferred
democratic value in the United States, by the public as well as by the
legislatures and courts. In 1937, Justice Benjamin Cardozo wrote in
Palko v. Connecticut that protection of speech is a
"fundamental" liberty due to America's history,
political and legal, and he recognized its importance, saying,
"[F]reedom of thought and speech" is "the
matrix, the indispensable condition, of nearly every other form of
freedom." It is likely notable that in the Bill of Rights free
speech is protected in the First Amendment rather than
later.

Individuals care about and guard their privacy intensely in many areas. With respect to patient medical records, people are exceedingly concerned about privacy protection, because they recognize that health care generates the most sensitive sorts of personal information. In an age of advancing technology, with the switch from paper medical files to massive computer databases, privacy protection for medical information poses a dramatic challenge. Given high-speed computers and Internet capabilities, as well as other advanced communications technologies, the potential for abuse is much greater than ever before. At every stage in the process of collection and storage, dangers can arise, including entry errors, improper access, exploitation, and unauthorized disclosure. Secondary use and aggregation of data are all far easier, faster, and less expensive, and thus pose additional threats to an individual's control over the disposition of medical information.

I first discuss reasons for feminists to attend to the role of women in the military, despite past emphasis on antimilitarism. I then focus on the exclusion of women from combat duty, reviewing its sanction by the U.S. Supreme Court and the history of its adoption. I present arguments favoring the exclusion, defending strong replies to each, and demonstrate that reasoning from related cases and feminist analyses of equality explain why exclusion remains entrenched.

Frontmatter -- NOMOS -- CONTENTS -- Preface -- Contributors -- Introduction -- 1. The Decline and Repudiation of the Whole: Notes on Aristotle's Enclosure of the Pre-Socratic World -- 2. Kant on Theory and Practice -- 3. High Theory, Low Theory, and the Demands of Morality -- 4. Psychological Realism and Moral Theory -- 5. What Plato Would Allow -- 6. "Lawyer for Humanity:" Theory and Practice in Ancient Political Thought -- 7. The Theoretical Importance of Practice -- 8. Avoidable Necessity: Global Warming, International Fairness, and Alternative Energy -- 9. On Legal Theory and Legal Practice -- 10. Religious Resistance to the Kantian Sovereign -- 11. On Regulating Practices with Theories Drawn from Them: A Case of Justice as Fairness -- 12. Public Practical Reason: Political Practice -- 13. " Truth" or Consequences -- 14. The End of Morality? Theory, Practice, and the "Realistic Outlook" of Karl Marx -- 15. Heidegger and Political Philosophy: The Theory of His Practice -- 16. A Performer of Political Thought: Václav Havel on Freedom and Responsibility -- Index