Suchergebnisse

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.

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