Privacy, Intimacy, and Isolation

Book excerpt: Privacy is a puzzling concept. From the backyard to the bedroom, everyday life gives rise to an abundance of privacy claims. In the legal sphere, privacy is invoked with respect to issues including abortion, marriage, and sexuality. Yet privacy is surrounded by a mire of theoretical debate. Certain philosophers argue that privacy is neither conceptually nor morally distinct from other interests, while numerous legal scholars point to the apparently disparate interests involved in constitutional and tort privacy law. By arguing that intimacy is the core of privacy, including privacy law, Inness undermines privacy skepticism, providing a strong theoretical foundation for many of our everyday and legal privacy claims, including the controversial constitutional right to privacy.