Synopses & Reviews
The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way.
This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law are presented from the Hittites to the Puritans. The impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill are presented along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented. The important Supreme Court decisions on privacy are discussed in detail from Griswold to Roe v. Wade.
Review
McWhirter (an attorney) and Bible (Southwest Texas State University) offer a clear, readable, and comprehensive work on the constitutional right of privacy in all its various forms. Although the seasoned privacy scholar will find little that is new, the book provides general readers, students, and casual observers with a marvelous treatise that compiles most of what is known about privacy for even the most involved expert. In a very interesting and highly readable way, this volume presents the historical, philosophical, constitutional, and common law foundations of privacy from prehistory to the present. In addition, the authors review the various guises of the privacy right (sex and marriage; life and death; mind and body), thoroughly analyzing the major federal and state court cases in each. To their great credit the authors examine state constitutional rights to privacy as well as federal--an important development given the conservative nature of the US Supreme Court in the latter 20th century. Any work on privacy that ranges from the code of Hammurabi and the Hittite law codes to John Locke and Montesquieu to William O. Douglas and William H. Rehnquist deserves special attention, especially when the analysis is as methodical, complete, and well done as this one. The only criticism (and a minor one, to be sure) is the lack of a bibliography. Highly recommended for readers at all levels.Choice
Synopsis
This book presents in understandable terms what the law of constitutional privacy is in the U.S. It deals with issues such as sex, abortion, drug testing, and the right to die. It provides a comprehensive discussion of the historical, philosophical, and legal foundations of the constitutional right to privacy.
Synopsis
This book presents in understandable terms what the law of constitutional privacy is in the United States. It deals with issues such as sex, abortion, drug testing, and the right to die. It provides a comprehensive discussion of the historical, philosophical, and legal foundations of the constitutional right to privacy. It also explores where constitutional privacy might be going in the years to come. The conflict between the right to privacy and the right of free press is also discussed with a complete discussion of recent Supreme Court decisions that have changed the face of this area of the law.
About the Author
DARIEN A. McWHIRTER is an attorney and consultant.JON D. BIBLE is an Associate Professor of Business Law at Southwest Texas State University.
Table of Contents
Preface
Introduction
The Foundations of Constitutional Privacy
The Historical Foundation: From Hittites to Puritans
The Philosophical Foundation: From Natural Law to Natural Rights
The Constitutional Foundation: From Natural Rights to Substantive Due Process
The Common Law Foundation: Creating the Right to Privacy
Constitutional Privacy
Creating Constitutional Privacy
Sex and Marriage
Life and Death
Mind and Body
Beyond Constitutional Privacy
Who Owns History?
State Constitutional Privacy
Conclusion
Appendix
Index