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2024 | 34 | 1 | 13-30

Article title

The Right to Privacy. Its Value in a Technologically Developed Society

Content

Title variants

Languages of publication

Abstracts

EN
The paper is aimed at defending the following three claims: (1) that the objective value of privacy may change in time (as its significance is relative to concrete social context); (2) that in the contemporary world, in which the state’s and global corporations power to intrude upon our liberty, especially upon its variety called informational privacy, has become due to technological developments particularly strong, the need for protection of privacy has become especially urgent (given our attachment to the axiological fundamentals of liberal democracies), and therefore its objective value is very high; and (3) that in spite of this high objective value of privacy, it does not correspond to its subjective valuation by the ‘typical’ citizen of contemporary liberal democracies, who, if Byung-Chul Han’s picture of our society as ‘the burnout one’ is correct, has become mentally exhausted by overstimulation and overachievement, and for whom, consequently, the central value has become flatly understood happiness (as material comfort and security), rather than liberty and its constitutive part, which is the right to privacy.

Year

Volume

34

Issue

1

Pages

13-30

Physical description

Dates

published
2024

Contributors

  • Jagiellonian University

References

  • Brin D., The Transparent Society. Will Technology Force Us to Choose Between Privacy and Freedom?, New York 1998.
  • Gavison R., Privacy and the Limits of Law, “The Yale Law Journal” 1980, vol. 89, no. 3, pp. 421–471.
  • Han Byung-Chul, The Burnout Society, trans. E. Butler, Stanford (CA) 2015.
  • McDowell G.L., The Perverse Paradox of Privacy, [in:] “A Country I do Don Recognize”. The Legal Assault on American Values, ed. R.H. Bork, Stanford (CA) 2005, pp. 57–84.
  • Nagel T., Concealment and Exposure, Oxford 2002.
  • Posner R., The Economics of Justice, Cambridge (MA)–London 1983.
  • Prosser W.L., Privacy, “California Law Review” 1960, vol. 48, no. 3, pp. 383–423.
  • Rotenberg M., Reciprocal-Individualism. A Cross-Cultural Conceptualization,“Journal of Humanistic Psychology” 1977, vol. 17, no. 3, pp. 3–17.
  • Warren S.D., Brandeis L.D., The Right to Privacy, “Harvard Law Review” 1890, vol. 4, no. 5, pp. 193–220.
  • Wasserstrom R., Privacy. Some Arguments and Assumptions, [in:] Philosophical Dimensions of Privacy. An Anthology, ed. F.D. Schoeman, Cambridge 1984, pp. 317–332.
  • Weinstein M.A., The Uses of Privacy in the Good Life, “Nomos. Yearbook of the American Society for Political and Legal Philosophy” 1971, vol. 13, pp. 88–104.

Document Type

Publication order reference

Identifiers

Biblioteka Nauki
32908256

YADDA identifier

bwmeta1.element.ojs-doi-10_48269_2451-0807-sp-2024-1-01
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