The Social Foundations of Privacy: Community and Self in the Common Law Tort

Post, Robert C.

doi:10.2307/3480641

Cited by 74 publications

(20 citation statements)

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“…Through our analysis of a sample of Twitter accounts and English language European and North American newspapers we have established that the dominant framings of privacy in the online and offline coverage are dominated by trade, market and security language. These are propagated primarily by state and legal actors which reify traditional conceptualisations of privacy as an individual right (Post, 1989;Westin, 1970). The visibility of actors across both media varies and raises interesting questions about who is dominant in each space and how they frame the issue.…”

Section: Resultsmentioning

confidence: 99%

“…Significant here is the emphasis on policies and frameworks around technology that endeavour to protect privacy not on technological solutionism mechanisms that state code is law (Lessig, 1999). We have established that the dominant framings of privacy in the online and offline coverage are dominated by trade, market and security language that are propagated primarily by state and legal actors which reify traditional conceptualisations of privacy as an individual right (Post, 1989;Westin, 1970). We argue that privacy is not being redefined in this context but narrowed to a neoliberal free trade framing of information privacy.…”

Section: Discussionmentioning

confidence: 99%

“…Privacy is largely framed in the context of an individuals' right to information privacy, which reflects the dominant concept of privacy as an individual right (Post, 1989;Westin, 1970). The issue of privacy in the context of the Privacy Shield is framed particularly as EU citizens' right to informational privacy.…”

Section: Discussionmentioning

confidence: 99%

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Privacy Shields for Whom? Key Actors and Privacy Discourses on Twitter and in Newspapers

O'Rourke

Kerr

2017

Westminster Papers in Communication and Culture

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Europe and the US from the summer of 2016 to identify the key actors and discourses surrounding the introduction of the Privacy Shield framework. The findings reveal a dominance of trade, market and security language, a focus on individual informational privacy and the dominance of state and legal actors. We argue that privacy is not being redefined in the context of intercontinental data transfers but rather narrowed to a neoliberal free trade framing of information privacy.

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Section: Resultsmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

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Privacy Shields for Whom? Key Actors and Privacy Discourses on Twitter and in Newspapers

O'Rourke

Kerr

2017

Westminster Papers in Communication and Culture

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“…The rise in nationalist political discourse affects both the United States and Europe in their struggle for human rights. Today, models of equality and liberty on both sides of the Atlantic are challenged by a lack of social cohesion (Siegel ) and community values (Post ) in each country and a globalised world where the interpretations of these models can vary. Most often, the need for public order and national security takes precedence over the risks of racial and ethnic profiling (French case Civ.…”

Section: The American Construction Of the Anti‐discrimination Model mentioning

confidence: 99%

Multiple discrimination and intersectionality: issues of equality and liberty

Mercat-Bruns¹

2017

Int Social Sci J

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Kimberle Crenshaw was the first to identify the challenges of intersectional claims in law. On the European level, the term most often used is multiple discrimination. After 50 years of implementation of civil rights legislation, the United States offers a unique critique of the scope and the limits of anti‐discrimination law. The interpretation of concepts like disparate treatment and disparate impact discrimination in employment reveals the complexity of individual and systemic discrimination. American empirical studies of the grounds of discrimination reflect issues of equality and liberty. The transatlantic comparison allows us to revisit the analysis of the intersections between forms or systems of oppression, domination, or discrimination in law from a different standpoint in Europe.

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“…Steiner looks at changing 'social visions' and moral conceptions within the field of tort jurisprudence. Robert Post has in a series of articles (Post, 1986(Post, , 1988(Post, , 1989(Post, , 1990 tried to show that conflicting conceptions of the nature of social relations are implicit in the jurisprudence of communication law. And Kim Scheppele compares how different paradigmsa 'law and economics' model and a contractarian normative interpretation -work as a reconstruction of principles which direct the jurisprudence about secrecy and disclosure.…”

Section: Reconstructive Legal Analysismentioning

confidence: 99%

On reconstructive legal and political theory

Peters

1994

Philosophy & Social Criticism

247

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In his recent work Faktizit3t und Geltung, Habermas ( 1992) has presented a massive and wide-ranging theoretical interpretation of the role of law and politics in modern western societies.' This work represents a distinctive approach to legal phenomena and to social reality in general. Habermas himself has used the term 'reconstruction' or 'reconstructive analysis' to identify this approach. In the first part of this essay I identify some basic features of such a mode of social analysis, as I understand it. To locate this way of theorizing both in the general field of social theory and in relation to other forms of social discourse about law, I develop a typology of theoretical approaches to legal phenomena. This should clarify how reconstructive analysis relates to jurisprudential discourse and normative political theory.Reconstructive analysis implies a certain way of treating symbols and meanings and especially certain structural features of symbolic systems and processes within the social world. I describe these features in somewhat more detail in Part II. There I also contrast reconstructive theory with another set of approaches to symbolic structures and processes which today are often labelled 'constructivist'.In Part III we look at some actual examples of reconstructive theorizing in Habermas's latest work. His attempt to reconstruct some basic, legitimating normative principles and structures of modern legal and political orders is outlined. In my discussion I present one substantive objection: Habermas rightly insists on the importance of certain procedural principles or process values, but in doing so he treats the role of more substantive normative elements of modern constitutional orders in an ambiguous way. Part IV adds a methodological objection: the line between the empirical reconstruction of Downloaded from I Different approaches to law As a part of our social world law is both a field of meanings and symbols (norms, principles, interpretations, etc.) and a field of social relations and social activitiesnamely, of all social relations which are framed in legal terms and of all activities which are specifically oriented to law. Law as a sphere of symbols and meanings is enacted, reproduced and changed by those activities. Among the defining features of modern legal systems is what is sometimes called their 'recursive' structure: the fact that the law explicitly provides for authoritative procedures and methods for making binding decisions and interpretations which determine what counts as valid law at any given time.

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The Social Foundations of Privacy: Community and Self in the Common Law Tort

Abstract: In this Article Professor Post argues that the common law tort of invasion of privacy safeguards social norms

Cited by 74 publications

References 1 publication

Privacy Shields for Whom? Key Actors and Privacy Discourses on Twitter and in Newspapers

Privacy Shields for Whom? Key Actors and Privacy Discourses on Twitter and in Newspapers

Multiple discrimination and intersectionality: issues of equality and liberty

On reconstructive legal and political theory

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