Developments in both Convention jurisprudence and the English courts since the passing of the Human Rights Act 1998 have significantly extended the reach of article 8 of the European Convention on Human Rights, and thus the powers of the judges who administer that broadly-defined provision. Those developments include confirmation that article 8 operates horizontally between private citizens as well as in public law; extension of article 8 to issues of personal autonomy as well as to more narrowly understood issues (...) of privacy; increased emphasis on (judicially determined) proportionality and fair balance; and softening of the criteria for the engagement of article 8 in the first place. The English courts at the highest level have recognized that these developments require them to make decisions on issues of social or even moral priority, extending as far as critical scrutiny of criminal practice and sentencing. Recent cases in the House of Lords such as Countryside Alliance and R v G demonstrate a significant level of disagreement as to how those powers should be exercised, with the result that the outcome of future article 8 cases may depend on the judges’ personality and view of social priorities. (shrink)

There are words and concepts that almost automatically trigger bitter discussions in our country. And among them are the terms in the title of this article. True, there are occasional attempts to tone down the bitterness of the disputes surrounding them by using the more ideologically "neutral" terms "personal" or "individual." But the dispute is of course not about the words but about their meaning. Let us begin by looking in the dictionary.

This chapter contains sections titled: I. II. III. IV. V. VI.

A thoughtful addition to the growing debate over public and private morality. Looks at lying and deception in law, family, medicine, government.

The article considers Gertrude Stein’s reflections about the increasing abstraction of economics in response to the Great Depression and Roosevelt’s New Deal in a number of explicitly political pieces from the mid-1930s, including “A Political Series”, and her five brief newspaper commentaries on “money”: ”Money”, “More About Money”, “Still More About Money”, “All About Money”, and “My Last About Money”. The article then relates them to Walter Benjamin’s and Giorgio Agamben’s ideas about the religious implications of the money system that (...) resonate with Stein’s salute to the “believer in money” as security against contemporary authoritarian tendencies. Stein’s opinion pieces argue against taxation, unionism, and public spending, yet also demonstrate the slippery passage between her explicit conservatism, her economic liberalism and her still present radicalism and critique of patriarchal authority as they recycle crucial elements from contemporaneous works such The Geographical History of America and Everybody’s Autobiography. (shrink)

This article challenges the false opposition between public and private spheres that is often imposed upon our historical understanding in the Old Regime in France. An analysis of the work of Jürgen Habermas, Reinhart Koselleck, Philippe Ariès, and Roger Chartier shows that the "authentic public sphere" articulated by Habermas was constructed in the private realm, and the "new culture" of private life identified by Ariès was constitutive of Habermas's new public sphere. Institutions of sociability were the (...) common ground upon which public and private met in the unstable world of eighteenth-century France. Having superimposed the "maps" of public and private spheres drawn by Habermas and Ariès upon one another, the article then goes on to examine recent studies by Joan Landes and Roger Chartier to show the implications of drawing or avoiding the false opposition between public and private spheres for our understanding of the political culture of the Old Regime and Revolution. (shrink)

The paper uses tropes culled from several of Hannah Arendt's works, as well as Rebecca Schneider's performance-theoretical considerations on "reenactment", to analyze the work of artist Miriam Shenitzer, specifically a show of drawings, captions, and objects called "A Putative Life of Hannah Arendt." The essay probes this "putative life" as construed from the artist's own memory fragments, as well as from faux-artifacts that constitute a "collection" without claim to representing an actual past. With access to history denied and (...) a heritage claimed "without testament," the artist opens a space "between past and future," a moment of contemplation on the borders between private and public lives. (shrink)

In terms of life space, individuals are usually settled in different spaces according to relationships of blood, geography, and profession. In pre-modern societies, ethics were realized through customs, conventions, taboos, magical practices, and politics. Because this was not an open process in which rationality was sufficiently employed, non-reflectiveness and non-criticality were its essence, and intuitions and feelings were its basic modes of existence. In modern societies, the logic of capital movement settles groups of people according to their economic dependence, (...) and interactions based on individuals’ desires and self-serving calculations have become widespread and frequent. A space for public interaction and life in which rationality is sufficiently employed and rational bases of the rules are constantly questioned thus finally came into being. Families and villages lost their centrality, resulting in a crisis of private interactions and life, and of its system of norms. (shrink)

The purpose of this study is to examine the relationship between contextual work-related factors on the one hand, in terms of job demands (i.e., risk factors) and job resources (i.e., protective factors), and work-family conflict in teachers on the other. Building on the Job Demands-Resources (JD-R) model, we hypothesized that job demands, namely qualitative and quantitative workload, are positively associated with work-family conflict in teachers. Moreover, in line with the buffer hypothesis of the JD-R, we expected job resources, in terms (...) of support from supervisor, job autonomy, and participation in decision making, to affect this association, which is expected to be stronger when job resources are low. The study was conducted in an Italian secondary school. Overall, 122 teachers completed a self-report questionnaire aimed at determining work-family conflict, as well as job demands and resources. The hypothesized relationships were tested using moderated multiple regression. The results of this study largely support our predictions. First, both aspects of workload were positively associated with work-family conflict. Secondly, job resources, including support from supervisor and participation in decision making, buffered this association, which was stronger when resources were low. On the contrary, job autonomy did not buffer the association between workload and work-family conflict. Overall, the results of this study are consistent with the Job Demands-Resources model and contribute to to the understanding of work–family conflict among teachers. More specifically, our study suggests that teachers with high levels of job resources, namely support from supervisor and participation in decision making, can effectively cope with job demands, in terms of both qualitative and quantitative workload, thus preventing negative consequences such as conflict between work and family domains. Interventions aimed at preventing work-family conflict among teachers should encourage organizations to optimize the balance between job demands and resources, as well as the identification and training of the workers at risk of work-family conflict. (shrink)

This essay focuses on the interrelationship of regulation and private life in human rights. It argues three main points. Article 8 connects the question of protection of private lives and privacies with the question of their management. Thus, Article 8 orients regulatory practices to private lives and privacies. Article 8’s holders are autonomous to the extent that laws respect their private lives and privacies. They are not autonomous in a ‘pre-political’ sense, where we might expect (...) legal rules to protect an already autonomous private life or privacy. Article 8 does not simply prohibit or permit acts. In certain cases, it also ‘enables’ acts. Then, this essay introduces the idea of oikopolitics. This idea allows us to capture these three points in a useful manner. By this idea, this essay means the context where the interpretation of privacy reaches out to broader social practices and norms and where the status of rights-holders living their private lives makes them objects of attention. (shrink)

I have naturally a [comique] and [privé ] style...I hate men base in deeds but wise in words.Although we have many examples of men, contemporary to Montaigne, who claim to write about their private lives, few of them satisfy our curiosity about the state of intimate life in the French Renaissance. For example, in Blaise de Monluc's Commentaires, his vision of recounting his inner self means, as he writes, detailing the "honor and reputation... [he] acquired... by force of (...) arms."3 Similarly, each subject in Théodore de Bèze's Les Vrais portraits des hommes illustres is painted in a more public light. Kings and military leaders reach the "summit of knowledge" and "glory," "surpassing all. (shrink)

High-profile political scandals are symptomatic of a profound transformation of the relations between public and private life that has accompanied and helped to shape the development of modern societies. While the distinction between public and private life is not unique to modern societies, the emergence of new media of communication, from print to radio, television and the internet, has altered the very nature of the public, the private and the relations between them. Both the public (...) and the private have been reconstituted as spheres of information and symbolic content that are largely detached from physical locales and increasingly interwoven with evolving technologies of communication, creating a very fluid situation in which the boundaries between public and private are blurred, porous, contestable and subject to constant negotiation and struggle. The shifting boundaries between public and private life have become a new battleground in modern societies, a contested terrain where individuals and organizations wage a new kind of information war, a terrain where established relations of power can be challenged and disrupted, lives damaged and reputations sometimes lost. (shrink)

Most conceptions of public and private life within political and social theory do not adequately consider the networks or fluidities involved in contemporary social relations. The distinction of public and private is often conceived of as statically `regional' in character. This article, following an extensive analysis of the multiple meanings of the `public' and `private', criticizes such a static conception and maintains that massive changes are occurring in the nature of both public and private (...) class='Hi'>life and especially of the relations between them. We consider flows and networks that enable mobility between and across apparent publics and privates. These mobilities are both physical and informational. We consider the transformations of public and private life that have arisen from `complex' configurations of place and space: the dominant system of car-centred automobility whose spatial fluidities are simultaneously private and public; and various globalizations through the exposure of `private' lives on public screens and the public screening of mediatized events. These mobile, machinic examples demonstrate the limitations of the static, regional conceptualizations of public and private life developed within much social and political theory, and suggest that this divide may need relegation to the dustbin of history. (shrink)

Suppose that there are good or morally defensible reasons for not responding truthfully to a question or request for information. Is a lie or a deception better as a means to avoid telling the truth? There are many situations in public and private life in which the answer to this question would serve as a useful moral guide, for instance, clinical situations involving dying patients, educational situations involving young children and personal situations involving close friends. Intuitively, we feel (...) that there is a moral asymmetry in favor of deceiving over lying. However, doubts have been cast on such intuition. The aim of this paper is to bolster this intuition. It will be argued that the claim of moral asymmetry in favor of deception can be supported on a consideration of the different degrees of expectation involved in communicative ethics. Two other objections to the claim of asymmetry will also be considered. (shrink)

In the French presidential election, both candidates tried to keep their domestic life separate from their campaign. Ségolène Royal is not married to François Hollande, the father of her four children. When asked whether they were a couple, Royal replied, “Our lives belong to us.†Similarly, in response to rumors that President-elect Nicholas Sarkozy’s wife had left him, a spokesman for Sarkozy said, “That’s a private matter.â€.