WARREN, BRANDEIS AND THE BIRTH OF THE RIGHT TO PRIVACY
Journal Title: Globalization, the State and the Individual - Year 2015, Vol 4, Issue 8
Abstract
In spite of the established and popular opinion, the terms of ргіѵасу and right to ргіѵасу (or right of ргіѵасу) had been present long time before 1890, when the famous article of American lawyers Warren and Brandeis was published. The author tries to find the origins of the formation of the idea of private life protection in American and English doctrine, as well as in views of German or French lawyers. There is no doubt any morę that the concept of the right to respect private life has been developing differently in particular countries, depending on several factors: the role and inven- tion of judicature, the concepts reported in the science, the provisions of the regulation and, most of all, the flexibility of interpretation of the law. As a conclusion the author claims that not еѵегу State has to ensure the protection of the same values to fulfill social postulate to protect a private sphere. The review of the main issues related to the evolution of the right to ргіѵасу allows to make the statement that - as the Judge L. Brandeis said - the right to ргіѵасу is “the most comprehensive of rights, and the right most valued by civilized men.”
Authors and Affiliations
Joanna Braciak
Keywords
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