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Brandeis's Research On Privacy Thoughts

Posted on:2017-01-23Degree:MasterType:Thesis
Country:ChinaCandidate:L P YueFull Text:PDF
GTID:2356330488996701Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Research on privacy, who have to be mentioned is Louis D. Brandeis. He and Samuel D. Warren were co-author of "the right to privacy",which topped the list of the reference rate on Heinonline for a long time. Domestic and foreign academic mainstream view this article first expounded the theory of privacy. While he is famous for the dissent in the case Olmstead v. United States, he was also privacy scholars of the theory of reference. In the dissent of Gilbert v. Minnesotae and the court opinions of Packer Corporation v. the Utah also include the right to privacy, and also has important influence on later generations."Tort privacy -- constitutional privacy" this analysis tool easy is only pay attention to infringement of the main difference, more appropriate analysis tool is "Tort privacy -- intellectual privacy" proposed by Professor Neil Richard. In his lifetime, Brandeis’s thought about the relationship between the right to privacy and freedom of speech had changed, and he fell into a profound contradiction of the theory of tort in <The right to privacy>. Brandeis’s thought of privacy changed from tort privacy to intellectual privacy.
Keywords/Search Tags:Brandies, the right to privacy, tort privacy, intellectual privacy
PDF Full Text Request
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