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Freedom and TimeA Theory of Constitutional Self-Government$
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Jed Rubenfeld

Print publication date: 2001

Print ISBN-13: 9780300080483

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300080483.001.0001

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PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 21 January 2022

The Right of Privacy

The Right of Privacy

(p.221) Twelve The Right of Privacy
Freedom and Time

Jed Rubenfeld

Yale University Press

Unwritten constitutional rights are well established in American law and are best exemplified by the “right of privacy.” The most famous privacy case is Roe v. Wade, although this unwritten right extends beyond abortion and includes contraception, marriage, interracial marriage, and divorce. This chapter explores what constitutionalism as democracy has to say about the unwritten right of privacy. It considers the so-called anti-totalitarian right of privacy that arose from Roe v. Wade and analyzes John Stuart Mill's classic work On Liberty, which elaborates the values of privacy and individuality, “European liberalism,” and a new form of despotism known as “social tyranny”.

Keywords:   right of privacy, Roe v. Wade, abortion, constitutionalism, democracy, John Stuart Mill, On Liberty, individuality, liberalism, social tyranny

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