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“Private Lives and Public Rules.”

Marshall, Sandra
June 4, 2015

Source: (2006) In, Erik Claes, Antony Duff, and Serge Gutwirth. , eds., Privacy and the Criminal Law. Antwerpen-Oxford: Intersentia. PP. 33-42.

“It would be hard not to agree with David Archard that philosophical discussions of the concept of privacy and the right to privacy have not exactly resulted in either clarity or consensus. Thus philosophy may not have been particularly useful in providing guidance to theorising about the criminal law. His own discussion is, therefore, a welcome attempt to provide a coherent account of privacy that could serve as the basis for criminal law. However, sympathetic as I am to that ambition, I fear that in what follows I shall be drawing the discussion back to those muddy waters and intellectual bogs that he seeks to avoid.” (excerpt)


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