 Privacy as Autonomy vs. Privacy as Familial Attachment: A Conceptual Approach to Right to Privacy CasesPatricia Boling Review of Policy Research, 1994, vol. 13, issue 1‐2, 91-110 Abstract: This article explains why the Supreme Court's privacy jurisprudence has become deeply problematic for addressing emerging reproductive and sexual choice issues, focusing on abortion funding, minors seeking abortions, adults engaging in consenting homosexual sex, and pregnant women accused of abusing their fetuses. The article makes two arguments. First, it contends that what is private about the rights asserted in cases like Eisenstadt v. Baird and Roe v. Wade has never been fully articulated nor defended, leaving these central decisions conceptually unpersuasive. Second, the article shows that “privacy” is used in two very different senses in Supreme Court constitutional right‐to‐privacy decisions: one rooted in respect for marriage and the family, the other in notions of personal autonomy. Although both senses deserve to be protected, the court has tended to prefer the familial sense of privacy to the autonomy one, with serious consequences for privacy concerns that are not connected to family relationships or that are perceived as undercutting “family values.” Date: 1994 Downloads: (external link) Related works: Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text Persistent link: https://EconPapers.repec.org/RePEc:bla:revpol:v:13:y:1994:i:1-2:p:91-110 Ordering information: This journal article can be ordered from Access Statistics for this article Review of Policy Research is currently edited by Christopher Gore More articles in Review of Policy Research from Policy Studies Organization Contact information at EDIRC. |
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