This article highlights a contemporary privacy problem that falls outside the scope of dominant theoretical approaches. Although these approaches emphasize the connection between privacy and a protected personal (or intimate) sphere, many individuals perceive a threat to privacy in the widespread collection of information even in realms normally considered "public". In identifying and describing the problem of privacy in public, this article is preliminary work in a larger effort to map out future theoretical directions.

The Principles of Fair Information Practice are almost three decades old and need to be broadened to take account of new technologies for collecting personal information such as drug testing, video cameras, electronic location monitoring and the internet. I argue that the ethics of surveillance activity must be judged according to the means, the context and conditions of data collection and the uses/goals and suggest 29 questions related to this. The more one can answer these questions in a way that (...) affirms the underlying principle the more ethical the use of a tactic is likely to be. Four conditions are identified which, when breached, are likely to violate an individual's reasonable expectation of privacy. Respect for the dignity of the person is a central factor and emphasis is put on the avoidance of harm, validity, trust, notice and permission when crossing personal borders. (shrink)

This is Jürgen Habermas's most concrete historical-sociological book and one of the key contributions to political thought in the postwar period. It will be a revelation to those who have known Habermas only through his theoretical writing to find his later interests in problems of legitimation and communication foreshadowed in this lucid study of the origins, nature, and evolution of public opinion in democratic societies.

Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...) the psychiatrist should disclose to his patient's girlfriend that the patient wants to kill her? Kim Lane Scheppele answers the question, Which secrets are legal secrets and what makes them so? She challenges the economic theory of law, which argues that judges decide cases in ways that maximize efficiency, and she shows that judges use equality as an important principle in their decisions. In the course of thinking about secrets, Scheppele also explores broader questions about judicial reasoning--how judges find meaning in legal texts and how they infuse every fact summary with the values of their legal culture. Finally, the specific insights about secrecy are shown to be consistent with a general moral theory of law that indicates what the content of law should be if the law is to be legitimate, a theory that sees legal justification as the opportunity to attract consent. This is more than a book about secrets. It is also a book about the limits of an economic view of law. Ultimately, it is a work in constructive legal theory, one that draws on moral philosophy, sociology, economics, and political theory to develop a new view of legal interpretation and legal morality. (shrink)