Add to ORKGThis thesis is concerned with the relevance of imagination to the task of judicial elaboration of the common law. It brings this issue into focus by concentrating its analysis on the “intrusion lacuna” in domestic tort law’s protection of privacy interests. The thesis proposes that this lacuna, whereby the common law lacks a tort of intrusion into privacy, can be explained by identifying two “barriers” to the adoption of such a tort. A “formal” barrier inhibits development by causing the courts to believe that the development of a novel privacy tort would amount to an illegitimate exercise in judicial activism. A “semantic” barrier arises out of the difficulty in conceptualising the amorphous term “privacy”, which – it is often (wrongly) th...
A More Principled Approach to the Conflict between Privacy and Freedom of Expression in the Law of M...
In English law, there are calls by a section of the public that Parliament should enact privacy law,...
Because invasion of privacy developed from a late nineteenth century law review article motivated in...
This article considers the nature of common law development as exemplified by the recent privacy cas...
The dissertation begins with an overview of efforts to establish a psychology of jurisprudence. To b...
This Article argues that the current interpretation given to the four-part invasion of privacy frame...
This article concerns two interrelated, persistent problems for privacy law. The first is the failur...
This paper justifies and delineates a common law right to privacy. The first part of the paper revi...
The tort of invasion of privacy has had a short but tortuous development made even more tortuous by ...
Everybody wants privacy. Even though we are in the age of reality television and tell-all books, it ...
To demonstrate that any common law system can adequately and legitimately protect informational priv...
Rugg and Smith encapsulate a transition between two approaches to tort protection of privacy. Rugg r...
As new and intrusive ways of invading a person’s privacy become increasingly common, it is important...
Different cultures produce different privacies – both architecturally and legally speaking – as well...
The problem of privacy today is no longer—if it ever was—a distinctly legal problem. On the contrary...
A More Principled Approach to the Conflict between Privacy and Freedom of Expression in the Law of M...
In English law, there are calls by a section of the public that Parliament should enact privacy law,...
Because invasion of privacy developed from a late nineteenth century law review article motivated in...
This article considers the nature of common law development as exemplified by the recent privacy cas...
The dissertation begins with an overview of efforts to establish a psychology of jurisprudence. To b...
This Article argues that the current interpretation given to the four-part invasion of privacy frame...
This article concerns two interrelated, persistent problems for privacy law. The first is the failur...
This paper justifies and delineates a common law right to privacy. The first part of the paper revi...
The tort of invasion of privacy has had a short but tortuous development made even more tortuous by ...
Everybody wants privacy. Even though we are in the age of reality television and tell-all books, it ...
To demonstrate that any common law system can adequately and legitimately protect informational priv...
Rugg and Smith encapsulate a transition between two approaches to tort protection of privacy. Rugg r...
As new and intrusive ways of invading a person’s privacy become increasingly common, it is important...
Different cultures produce different privacies – both architecturally and legally speaking – as well...
The problem of privacy today is no longer—if it ever was—a distinctly legal problem. On the contrary...
A More Principled Approach to the Conflict between Privacy and Freedom of Expression in the Law of M...
In English law, there are calls by a section of the public that Parliament should enact privacy law,...
Because invasion of privacy developed from a late nineteenth century law review article motivated in...