Privacy as a Constitutional Right: Sex, Drugs, and the Right to Life

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Greenwood Publishing Group, 1992 - Business & Economics - 206 pages
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The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way.

This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law are presented from the Hittites to the Puritans. The impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill are presented along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented. The important Supreme Court decisions on privacy are discussed in detail from Griswold to Roe v. Wade.

 

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Contents

Introduction
1
The Foundations of Constitutional Privacy
15
The Historical Foundation From Hittites to Puritans
17
The Philosophical Foundation From Natural Law to Natural Rights
33
The Constitutional Foundation From Natural Rights to Substantive Due Process
59
The Common Law Foundation Creating the Right to Privacy
75
Constitutional Privacy
89
Creating Constitutional Privacy
91
Life and Death
127
Mind and Body
137
Beyond Constitutional Privacy
151
Who Owns History?
153
State Constitutional Privacy
173
Conclusion
181
Appendix
189
Index
195

Sex and Marriage
107

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About the author (1992)

DARIEN A. McWHIRTER is an attorney and consultant. He received his Ph.D. in political science from Yale University and his J.D. from the University of Texas Law School. He is the author of Your Rights at Work (1989), and co-author of Privacy in the Workplace (Quorum, 1990).

JON D. BIBLE is an Associate Professor of Business Law at Southwest Texas State University. He received his M.A. in American Studies and his J.D. from the University of Texas. He has published numerous articles on the law and is a co-author of Privacy in the Workplace (Quorum, 1990).

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