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Cantor - Privacy in the Western Civilization

Cantor - Privacy in the Western Civilization

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Published by: simsong2 on Jun 26, 2009
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05/01/2013

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/PRIVACY
IN
WESTERN
CIVILIZATIO~
by
NORMAN
F.
CANTOR,
COLUMBIA
UNIVERSITY
withthe
assIstance
of
Arthur
L.
Schatten
and
Patricia
A.
Lee
A
REPORT SUBMITTED
TO
THE
ASSOCIATION
OF
THEBAR
OF
THE
CITY
OF
NEW
YORK)
S~acial
Committee on
Science
and
Law
Confidential
--
For
Private
Circulation
Only
October 11,
1963
 
Contents
ForeNard
. . . . . .
I.
Privacy
and
Liberty.
II.
Privacy
in
the
Common
LaN. .
III.
The
Victorian
Concept
of
Privacy
.IV.
Conclusion.
, . . . . , . . . .
i
1
16
.
73
.104
 
Fore
<lord
The
report
begins
\'1i
th
a
study
of
the
origins
of
theconcept
of
the
liberty
and
dignity
of
the
individual
upon
Nhich
the
right
of
privacy
must
be
founded.
It
is
shO\'ffi
that
the
most
significant
origins
of
modern
concepts
of
liberty
lie
in
English
common
laN
and
certain
aspects
of
Christian
thought.
The
second
part
"
of
the
report
is
a
careful analysis
of
the
rights
of
pri-
vacy
in
Anglo-American
common
la,.,. from
the
sixteenth
throughthe
nineteenth
centuries,
with
particular
reference
to
search
and
seizure,
privilege
against
self-incrimination,
and
various
forms
of
defamation.
The
third
part
of
the
report
shoNS
hm'l
the
concept
of privacy
developed
in
Victorian
England,
empha-
sizing
the
Victorian
enthusiasm
for
rights
of
privacy
and
the
conflicts
between
the
claims
for
privacy
and
the
pressures of
industrialized
society
and
mass
culture.
Some
brief
and
ten
tative
conclusions
are
attempted
in
the
final
part
of
the
report.
i

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