Refining Privacy in Tort Law

Front Cover
Springer Science & Business Media, Sep 14, 2012 - Law - 170 pages
This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Chapter 1 Refining Privacy
1
Chapter 2 Three Conjectures About Privacy
25
Chapter 3 A Privacy Curve
49
Chapter 4 Comparing Hard Cases
95
Chapter 5 Conclusions
149
Bibliography
159
Index
166
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information