This book rethinks the idea of privacy. It argues that a satisfactory account of privacy should not limit itself to identifying why privacy might be valuable. It also needs to attend to the further question of how it can be secured in those circumstances in which it proves to be valuable. Drawing on republican ideas about the relationship between freedom and self-government, the book asserts that privacy is valuable, because it enables us to lead non-dominated lives. It prevents others from acquiring power to interfere in our choices – to remove options that would otherwise be available to us, and to manipulate our decision-making. It further examines the means through which citizens might exercise effective control over decisions and actions that affect their privacy and proposes a democratic theory of privacy. With the emergence of the ‘surveillance state,’ this volume will be indispensable for scholars, students, and researchers in political theory, political philosophy, law, and human and civil rights. It will be of particular interest to policymakers, lawyers, and human rights activists.
Author(s): Andrew Roberts
Edition: 1
Publisher: Routledge | Taylor & Francis Group
Year: 2023
Language: English
Commentary: TruePDF | Full TOC
Pages: 209
Tags: Privacy; Republic
Cover
Half Title
Title
Copyright
Contents
Acknowledgements
Introduction
1 | Privacy and Political Theory
I | Privacy as Inaccessibility per se, or Control Over Access?
(i) Privacy as a State of Inaccessibility
(ii) Privacy as Control Over Access
II | ‘Top-Down’ and ‘Bottom-Up’ Thinking About Privacy
III | Political Values and the Concept of Privacy
(i) The Appeal of Desire and Control for Egalitarian Liberals and Libertarians
(ii) The Appeal of Privacy as Inaccessibility per se for Perfectionist Liberals and Communitarians
(iii) Is a Neutral Conception of Privacy Possible?
IV | Conclusion
2 | Privacy and Non-Domination
I | Freedom as Non-Domination
II | Securing Freedom
III | The Value of Privacy for Republicans
(i) Privacy, Domination, and Interference
(ii) Privacy and Domination in the Absence of Interference
(iii) Are Republican Concerns About Loss of Privacy and Domination in the Absence of Interference Warranted?
IV | Securing Freedom: Domination, Privacy, and Political Autonomy
V | Conclusion
3 | Privacy and the Demands of Republican Social Justice
I | Social Power, Domination, and Privacy
(i) Social Relationships, Social Power, and Dependency
(ii) Imbalances in Social Power, and Dependency
(iii) The Structural Environment
II | Privacy and Republican Social Justice
(i) Insurance Programmes
(ii) Insulation Programmes
III | A Framework of Legal Norms
(i) Criminal Law
(ii) Regulatory Law: Data Protection Regimes
(iii) Private Law: A Privacy Tort
IV | Conclusion
4 | Democratising Privacy
I | Republican Political Legitimacy
II | Securing Conditions of Privacy Through Elections and Ex Post Contestation
(i) Control Through Popular Elections?
(ii) Control Through Ex Post Contestation
III | Privacy, Control, and Ex Ante Participation
(i) Why Deliberate?
(ii) Rationality
(iii) Equality and Inclusivity
IV | Direct Participation
V | Conclusion
5 | A Republican Right to Privacy
I | A Right to a Collective Good, Held in Common
II | The Right to Privacy, Popular Control, and Political Participation
(i) The Secrecy of the Ballot
(ii) Politicians’ Private Lives
(iii) Public Deliberation
(iv) The Two Dimensions of the Right: Substantive and Participatory-Procedural
(a) The Substantive Dimension
(b) The Participatory-Procedural Dimension of the Right
III | Social Justice and Gaps in Privacy Protection
IV | Conclusion
6 | Civic Virtue and Privacy
I | Civic Virtue
(i) Civic Virtue and Political Legitimacy
(ii) Civic Virtue and Social Justice
II | Civic Virtue and Privacy
(i) Civic Virtue, Privacy, and Political Legitimacy
(ii) Privacy, Civic Virtue, and Social Justice
(a) Respect for the Right to Privacy
(b) The Two Dimensions of the Right
(c) Respect for the Substantive Dimension of the Right
(d) Respect and the Right’s Participatory-Procedural Dimension
III | Civic Education
IV | Conclusion
Conclusion: Privacy as a Republican Value
Bibliography
Index
