Law Of Privacy Essay Example | Topics and Well Written Essays - 2500 words

Law Of Privacy - Essay ExampleThis evaluation fundamentally misses the conceptual approach to civil wrong law advanced by Warren and Brandeis in finding a pay to privacy and elaborating some aspects f that right. They did not identify a new tort, but earlier a new right that ought to be protected by tort law. That new right in turn was derived from an old right, perhaps a natural right, namely the right to be let alone. In light f these origins, it would take hold been surprising if the tort protection given to privacy remained confined within the narrow bounds f public disclosure. The very theory f torts upon which privacy was based implied its fluidity.I progress to sought in the preceding sections to show how Warren and Brandeis enamoured tort law as the law defining and protecting rights, and how this view was at odds with other conceptions f tort law that emerged at the end f the ordinal century and eventually prevailed. Holmess defendant-based instrumentalist vision pr ovided the conceptual foundation f tort law wholesome into the twentieth century. Strict liability largely gave way to negligence, even in such bastions f rights-based thinking as property. The common law, and most particularly the law f torts, became the domain f reasonableness rather than rights. Intentional torts, once the focus f torts, receded to near irrelevance. Indeed, despite occasional manifestations f life, intentional torts have remained in a formal structure much like the writ system from which they are descended.This in essence has been the fate f privacy. Promulgated as part f a jurisprudence f rights, with strong natural law overtones, the privacy tort had no intellectual place in innovative tort law. Rights now belong to the language f public law discourse rather than occult law discourse. Prossers 1960 article stands as the modern source f the privacy tort. Prossers analysis is a matter to the essentials f the writ system that continue to