The right to privacy : gays, lesbians, and the Constitution / Vincent J. Samar.

Format:

Book

Author/Creator:

Samar, Vincent Joseph, 1953-

Language:

English

Subjects (All):

Privacy, Right of--United States.

Privacy, Right of.

Homosexuality--Law and legislation--United States.

Homosexuality.

Sex and law--United States.

Sex and law.

Physical Description:

1 online resource (269 p.)

Edition:

1st ed.

Place of Publication:

Philadelphia : Temple University Press, 1991.

Language Note:

English

Summary:

Where did the right to privacy come from and what does it mean? Grappling with the critical issues involving women and gays that relate to the recent Supreme Court appointment, Vincent J. Samar develops a definition of legal privacy, discusses the reasons why and the degree to which privacy should be protected, and shows the relationship between privacy and personal autonomy. He answers former Supreme Court nominee Robert Bork's questions about scope, content, and legal justification for a general right to privacy and emphasizes issues involving gays and lesbians, Samar maintains that

Contents:

Contents; Preface; Introduction: A Word About Politics and Original Intent; Part One: Theory; 1. The Objects of Legal Privacy; Analyzing Privacy; Historical Antecedents; Privacy in the Law Today; How Courts Justify Decisions; 2. The Concept of Legal Privacy; Problems with the Current Definitions; A Conceptual Methodology; The Definition of Legal Privacy; The Coverage-Protection Distinction; 3. A Justification for Legal Privacy; A Normative Methodology; What a Privacy Justification Is; Privacy and Autonomy; Part Two: Practice; 4. Legal Epistemology and Privacy; Dworkin's Interpretative Theory

Mohr's Privacy JustificationHixon's Utilitarian Approach to Privacy; 5. Applications; Criteria for Dispute Resolutions; The Openly Gay or Lesbian Teacher; Gay and Lesbian Parenting and Marriage; Surrogate Motherhood; Privacy and AIDS; Adult Consensual Sodomy Statutes; The Justification of Abortion; Computer Data Banks and Electronic Funds; Transfer Services; Pornography and Drugs in the Home; Employer Drug and Polygraph Testing; The Right to Die; Epilogue: Autonomy: The Ultimate Question; Conclusion; Notes; Selected Bibliography; Index

Notes:

Description based upon print version of record.

Includes bibliographical references (p. [237]-248) and index.

ISBN:

9786612938719

9781282938717

1282938711

9781439903780

1439903786

OCLC:

649905677