國立虎尾科技大學 |

Privacy and the American Constitution = new rights through interpretation of an old text /

Record Type:	Language materials, printed : Monograph/item
Title/Author:	Privacy and the American Constitution/ by William C. Heffernan.
Reminder of title:	new rights through interpretation of an old text /
Author:	Heffernan, William C.
Published:	Cham :Springer International Publishing : : 2016.,
Description:	ix, 348 p. :digital ; : 22 cm.;
Contained By:	Springer eBooks
Subject:	Constitutional law - United States. -
Online resource:	http://dx.doi.org/10.1007/978-3-319-43135-2
ISBN:	9783319431352

Privacy and the American Constitution = new rights through interpretation of an old text /
Heffernan, William C.

Privacy and the American Constitutionnew rights through interpretation of an old text /[electronic resource] :by William C. Heffernan. - Cham :Springer International Publishing :2016. - ix, 348 p. :digital ;22 cm.

1. Constitutional Afterthoughts -- 2. The Right to Wear a Hat--and Other Afterthoughts -- 3. Developmental Supplementation -- 4. From Property to Privacy -- 5. The Emergence of Privacy Norms in Nineteenth Century America -- 6. The Nineteenth Century Court Reads the Eighteenth Century Text -- 7. From Thoughts and Beliefs to Emotions and Sensations -- 8. An Exercise in Supplementation that Failed -- 9. Ambitious Supplementation -- 10. Unobtrusive Supplementation -- 11. Informational Privacy Imperiled -- 12. Reappraising the Constitutional Past.

This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It's the best work I know on the subject, yet that subject is not the one it's mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It's also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law.

ISBN: 9783319431352

Standard No.: 10.1007/978-3-319-43135-2doiSubjects--Topical Terms:

573274
Constitutional law
--United States.

LC Class. No.: KF1262 / .H44 2016

Dewey Class. No.: 342.730858

Privacy and the American Constitution = new rights through interpretation of an old text /
LDR:03512nam a2200289 a 4500 001 868204
003 DE-He213
005 20161114114332.0
006 m d
007 cr nn 008maaau
008 170720s2016 gw s 0 eng d
020 $a 9783319431352 $q (electronic bk.)
020 $a 9783319431345 $q (paper)
024 7 $a 10.1007/978-3-319-43135-2 $2 doi
035 $a 978-3-319-43135-2
040 $a GP $c GP
041 0 $a eng
050 4 $a KF1262 $b .H44 2016
082 0 4 $a 342.730858 $2 23
090 $a KF1262 $b .H461 2016
100 1 $a Heffernan, William C. $3 1115617
245 1 0 $a Privacy and the American Constitution $h [electronic resource] : $b new rights through interpretation of an old text / $c by William C. Heffernan.
260 $a Cham : $b Springer International Publishing : $b Imprint: Palgrave Macmillan, $c 2016.
300 $a ix, 348 p. : $b digital ; $c 22 cm.
505 0 $a 1. Constitutional Afterthoughts -- 2. The Right to Wear a Hat--and Other Afterthoughts -- 3. Developmental Supplementation -- 4. From Property to Privacy -- 5. The Emergence of Privacy Norms in Nineteenth Century America -- 6. The Nineteenth Century Court Reads the Eighteenth Century Text -- 7. From Thoughts and Beliefs to Emotions and Sensations -- 8. An Exercise in Supplementation that Failed -- 9. Ambitious Supplementation -- 10. Unobtrusive Supplementation -- 11. Informational Privacy Imperiled -- 12. Reappraising the Constitutional Past.
520 $a This book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It's the best work I know on the subject, yet that subject is not the one it's mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It's also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law.
650 0 $a Constitutional law $z United States. $3 573274
650 0 $a Privacy, Right of $z United States. $3 573110
650 1 4 $a Criminology and Criminal Justice. $3 1113744
650 2 4 $a Criminological Theory. $3 1106067
650 2 4 $a Constitutional Law. $3 671565
650 2 4 $a Crime and Society. $3 1104968
650 2 4 $a US History. $3 1105299
650 2 4 $a US Politics. $3 1105233
710 2 $a SpringerLink (Online service) $3 593884
773 0 $t Springer eBooks
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-43135-2
950 $a Law and Criminology (Springer-41177)