The Dual System of Privacy Rights in the United States

This book examines the complexities of privacy rights in the U.S., categorizing them into proprietary and decisional privacy, highlighting their differing legal trajectories.

Theoretically, the right to privacy represents an individual's entitlement to a personal space free from public scrutiny, allowing for personal decision-making regardless of societal beliefs. However, in the United States, this right has presented challenges for political theorists and constitutional scholars alike, as it often diverges from established theoretical frameworks of privacy and constitutional evolution. In The Dual System of Privacy Rights in the United States, Mary McThomas explores these complexities in depth.

McThomas introduces a new framework for understanding privacy rights, categorizing them into two distinct types: proprietary privacy and decisional privacy. Proprietary privacy encompasses issues like medical confidentiality and wiretapping, while decisional privacy pertains to intimate choices such as the right to die, same-sex marriage, and abortion. Through an examination of significant court cases, she highlights the differing trajectories of these categories, revealing that decisional privacy has progressed more slowly toward constitutional recognition and is thus more susceptible to the influence of community standards and societal norms.

This insightful work bridges theoretical concepts with practical implications, detailing the evolution of privacy rights in the United States. It provides a comprehensive overview of past developments and offers predictions on how contemporary courts may address ongoing contentious issues, making The Dual System of Privacy Rights in the United States a vital resource for understanding the current landscape of privacy rights.