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Daniel j. solove why privacy matters
Daniel j. solove why privacy matters
Does privacy still exist essay
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If Giorgio Agamben’s concept of nudity is accurately understood as the opposite of concealment, or the removal of a veil, then his work Nudities also shows us the truth about inoperativity. This philosophy is less concerned with laziness or sloth within humanity than with the continuation of human actions in the politics of the future. Modern politics are vastly concerned with the lives of people everywhere. Not just their state of living, but their ways of living. Privacy is drastically changing in a world where a sovereign power can decide one’s fate through the use of an exceptional scenario that bypasses the rights of citizens and the laws meant to uphold these rights. Agamben’s political outlook is concerned with the way in which this has occurred and what solutions there are to take the formerly extreme executive tactic to obtain power over one’s life and get back to a place where political life does not interfere with natural life.
In his major work State of Exception, Agamben builds an understanding of the evasion of laws in cases where it is necessary to keep legal order, and the confusing distinction between what should be considered legal and what should be considered illegal. Digressing from his more religious examples, he critiques the state of modern life further. Law and state differ in that the state can manipulate the law to meet its needs in governing a nation. Agamben tries to theorize how the state of exception can be both within and outside of the law when he writes how “the state of exception is not a special kind of law; rather, in so far as it is a suspension of the juridical order itself, it defines law’s threshold or limit concept,” (SoE 4). His purpose is to point out the fact that after a certain point,...
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...s. Agamben’s state of exception, the difference between rights of the citizen and their life, is decided upon by the sovereign (government of a state).
The management of “bare life” is both a chief purpose of the modern state state. Agamben states, “Politics is now literally the decision concerning the unpolitical (the bare life of citizens)” (HS 173). His discussion sees modern politics as the development by which incorporating the ‘bare life’ of the marginalized within the political order of the citizen, but the means by which the exception, and the homo sacer and its “bare life”, becomes a modern experience: “the decisive fact is that, together with the process by which exception everywhere becomes the rule, the realm of bare life – which is originally situated at the margins of the political order – gradually begins to coincide with the political realm” (HS 9).
Rosen, Jeffrey. The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age. New York: Random House, 2004. Print.
In the critical studies of Held (1987), the political activist and philosopher argues that a contemporary society is now influenced by the contractual patterns of relations. Held argues, “we are told that modern democratic states rest on a social contract, that their economies should be thought of as a free market, where producers, employers, consumers, and employees make contractual agreements” (Held, 1987, p. 782). In this context, society perceives a culture as a free market, as well. Therefore, various philosophers and political activists consider that morality itself could also be perceived from contractual terms. In response to these assumptions, other political theorists also contribute to understanding of a contractual society. Despite the fact that Robert Nozick was not considered to be a political activist and philosophy, his contributions to political frameworks are evident. In particular, Nozick has had a major influence on the analysis of personal identity, as well as the analysis of political right-wing contributions. So, in order to understand why Held introduces claims against the current system, it is essential to consider her social and political views and compare those with the contractual political theories, supporting that the government should serve as a moralizing tool for the community first.
Legal consciousness refers to how people’s different conceptions of law determine whether they mobilize or resist the law (SOC216, Jan. 26). Susan S. Silbey and Patricia Ewick disclose three narratives of how people perceive the law: before the law, with the law and up against the law (2000). Individuals who are before the law fundamentally treat legality as an objective realm that is removed from their ordinary social lives (Silbey and Ewick 2000). They believe that the law is a hierarchical classification of rules that is both majestic and impartial (Silbey and Ewick 2000). In regards to ‘with the law’, legality is described and played as a game, in which existing rules can be arrayed accordingly and new rules can be invented in order to serve the individual’s interests (Silbey and Ewick 2000). Legality is described as a “terrain for tactical encounters” where
“With surveillance technology like closed-circuit television cameras and digital cameras now linked to the Internet, we now have the means to implement Bentham's inspection principle on a much vaster scale”(Singer) Bentham's inspection principle is a system that allows the collection, storing and dissemination of data on individuals, corporations, and the government. This collection of data has large implications in regard to privacy and security. “There is always danger that the information collected will be misused - whether by regimes seeking to silence opposition or by corporations seeking to profit from more detailed knowledge of their potential customers.”(Singer) What is done with the information collected is the main issue in terms of privacy. We do not want to be marketed to, or inundated with spam from third-party sources. We also do not want our private social circles and experiences to appear that they are being monetized or subjected to surveillance outside our control. In addition, surveillance has a large effect on the government that can beneficial or detrimental to democracy. Exposure of government secrets may make officials tread carefully when making decisions, ensuring that politicians are nothing but just and fair.“The crucial step in preventing a repressive government from
Gedicks, Frederick Mark. "Religious Exemptions, Formal Neutrality, and Laïcité." Indiana Journal of Global Legal Studies. 01 Jul. 2006: 473. eLibrary. Web. 31 Aug. 2011.
Regulations have administrated human demeanor for hundreds of centuries, and in present-day, criminal laws are to standardize and occasionally preserve social order. By allocating which conducts are prohibited, they present comprehensible standards of actions, cautioning society about which actions will be or will not be held accountable for, depending on the degree of severity; it is also figurative in conveying a statement that the public objects to these particular deeds. The earliest identified account of written decrees dates back to the period of the Babylonian King Hammurabi, or what we now know today as Hammurabi’s Code, which instituted high principles of an individual’s actions and severe penalties to violators, inflicting consequences equivalent to that of their crimes. An additional early structure of written laws was the renowned Mosaic Law, like the Hammurabi’s Code, based on the rule of “an eye for an eye” (Realities and Challenges 99). The general public in the United States are directed by a great quantity of regulations from an array of foundations such as the federal, state, and local administrative institutes that concern everything from acquiring a license to drive to crime against person. Although the organization of laws in the U.S. is extensive, complex, and varied, it can, in fact, be more comprehensive when sorting American laws into two general groups: civil law and criminal law.
According to Hannah Arendt, “The Declaration of the Rights of Man at the end of the eighteenth century was a turning point in history”. (Arendt, 290). She begins her thesis by making this affirmation. However, throughout her essay, she further develops the idea that this “Declaration of the Rights of Man” has been questioned ever since then, because of the fact that these human rights don’t really appear to be implemented over a numerous amount of human beings. This “turning point” which Arendt refers to, indicates that when human rights were first conceived, they stated that only the nation worked as the law, and neither the divine law nor anything else had power over them. This was the moment when control over these rights was lost, since there is a deficiency in the precision of who really has the rule of law over them, if not even the human authorities have been able to manage the “universality” they are supposed to express. Hannah Arendt’s explanation on the human rights article called “The
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
George Orwell’s Famous book 1984 is about a man who struggles to live under the superintendence of Big Brother. Throughout the novel, Winston struggles with constantly being surveilled and the lack of freedom. Similarly, in our world today, there are government agencies that have the power to listen to phone calls, track people's movements, and watch them through cameras. Winston’s world of surveillance and inadequate confidentiality both privately and publicly is in many aspects much the same as in our world today and the people should demand regulations to be set in place to protect their privacy.
Minority right was not well discussed in the early liberalism works. However, it becomes more important when more states had a mix of people of different identities. This paper will first investigate how Hobbes, Locke and Rousseau’s goal to unify people harms the minority. Then, it will compare Burke’s conservatism with their liberalism, and show how Burke’s theory, by embracing the traditions, leaves room for the minority rights. Finally, this paper will discuss how Marx transforms the minority question into the political emancipation of minority, and extends it to the ultimate human emancipation. It will also evaluate the practicability of such ultimate goal.
In 1948, George Orwell wrote about a society in which individual privacy was nonexistent. In this society, which he imagined would become a reality in the 1980s, surveillance was foremost. Everything one did was under surveillance by “Big Brother”, an unseen figure who was always watching you. Surveillance in this society was imposed and malicious. Although this type of society has never fully become a reality in the Western world, changes in technology and media are indirectly bringing this imagined society, one of complete surveillance, to life. With the rise in corporate business and commercialism, surveillance in society increasing; however, new media has brought about a significant shift in its use. In the 20th century, surveillance was primarily used for “protective measures”, as Orwell had imagined. In the 21st century, there has been a rise in its use for commercialism. This essay will critically analyze the developments in new media that have contributed to this shift, as well as explain the reason for the ubiquitous nature of surveillance in today’s western society. To aid with this analysis, surveillance will hereby be defined as a “focused, systematic, and routine attention to personal details for purposes of influence, management, protection or direction” (Lyon 2007:14).
This theory looks at how the sovereign and its officials created the law based on social norms and the institutions (Hart, 1958). However, hard cases such as this makes for bad law, which test the validity of the law at hand based on what the objective of the law was in the first place. The law should not be so easily dismissed just because it does not achieve justice in the most morally sound manner (Hart, 1958). Bentham and Austin understood that there are two errors in the way law is understood, what the law is and what the law should be (Hart, 1958). He knew that if law was to become what humans perceived the law ought to be, the law itself would be lost, but he also recognized that if the opposite was to occur where the law replaced morality, than any man would escape liability and there would be no retribution (Hart, 1958). This theory looks at the point of view of the dissenting judge, Justice Gray, which is that the law is what it is, even if it may conflict with morals. Austin stated that “The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry (Hart, 1958).” This case presents the same conflict that Bentham and Austin addressed, that the law based on the statute of the
It has become a sad and upsetting fact that in today’s society the truth is that the right to one’s privacy in the I.T (information technological) world has become, simply a joke. In an electronic media article “No place to hide”, written by James Norman, two interesting and debatable questions were raised: ‘Are we witnessing the erosion of the demarcation of public and private spaces brought on by the networked economy and new technology?’ Also, ‘What roles do government, industry and citizens have in regard to censorship and privacy?’ These statements ultimately end with the fact that it is impossible for Net users to expect privacy online, because online privacy doesn’t exist. However, one must ask, ‘What will be done about the problem?’ while keeping in mind that yes, the thin line between public and private spaces has been severed as a result of new technology. It is vital that everyone as users of the internet, be it government, Internet Service Providers (ISP’s), or individuals, need take the issue of internet privacy very seriously, while basing all actions towards the issue with the moral statement of, ‘Rights aren’t free, they’re earned’.
Most people concerned about the privacy implications of government surveillance aren’t arguing for no[sic] surveillance and absolute privacy. They’d be fine giving up some privacy as long as appropriate controls, limitations, oversight and accountability mechanisms were in place. ”(“5 Myths about Privacy”). The fight for privacy rights is by no means a recent conflict.
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it