Authors: Gustavo Ariel Kaufman
Addresses: 24 av de Villeneuve, 78170 La Celle St Cloud, France
Abstract: The |right to be let alone| is a sanctified part of constitutional culture and the principle that seems to justify the right of privacy. The author proposes, instead, to link the right of privacy with each person|s right and need to be a proud member of society, and to examine its nemesis, i.e., the right not to be let alone. By challenging the right to be let alone, this paper will also examine critically the right of society to let people alone against their wishes. ||Constitutional democracy promises to protect the rights and dignity of each individual; such promise is not fulfilled when it proclaims the right to be let alone – which subtlety implies that society has the possibility to let such individual alone as well||.
Keywords: data protection; individual dignity; Samuel Warren; Louis Brandeis; capitalism; public disclosure; social exclusion; constitutional democracy; privacy; constitutional culture; personal rights; human society; being alone; human beings; humanity; loneliness; private law.
International Journal of Private Law, 2011 Vol.4 No.4, pp.445 - 456
Available online: 26 Sep 2011 *Full-text access for editors Access for subscribers Purchase this article Comment on this article