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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.
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Privacy, Intimacy (Psychology) , Privacy, Right of--United States.
publication date
:
1992
lcc
:
BF575.P93I56 1992eb
ddc
:
155.9/2
subject
:
Privacy, Intimacy (Psychology) , Privacy, Right of--United States.
Page iii
Privacy, Intimacy, and Isolation
Julie C. Inness
Page iv
Oxford University Press
Oxford New York Toronto Delhi Bombay Calcutta Madras Karachi Kuala Lumpur Singapore Hong Kong Tokyo Nairobi Dar es Salaam Cape Town Melbourne Auckland and associated companies in Berlin Ibadan
Copyright 1992 by Julie Inness
Published by Oxford University Press, Inc. 200 Madison Avenue, New York, NY 10016
Oxford is a registered trademark of Oxford University Press
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher.
Library of Congress Cataloging-in-Publication Data Inness, Julie C. Privacy, intimacy, and isolation / Julie Inness. p. cm. Includes bibliographical references and index. ISBN 0-19-507148-4 1. Privacy 2. Intimacy (Psychology) 3. Privacy, Right ofUnited States. I. Title. BF575.P93I56 1992 155.9'2dc20 91-28191
1 3 5 7 9 8 6 4 2
Printed in the United Slates of America on acid-free paper
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For my parents
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Preface
Robert Bork's ultimately unsuccessful Supreme Court confirmation hearings presented me with a dilemma about privacy. Those opposed to his nomination argued that Bork would undermine legal protection for one of our most cherished interests: privacy. By doing so, Bork would leave a wide range of privacy claims without legal support, claims covering such diverse issues as abortion, contraceptives, and access to the home. In response to this criticism, I initially expected Bork's supporters to deny that he would endanger the constitutionally protected right to privacy. Curiously enough, many of them failed to do this; in fact, they argued that Bork ought to attack the notion, stripping it of constitutional sanction. To support this contention, they pointed out that a right to privacy is not stated in the Constitution; furthermore, they argued that privacy is neither conceptually nor morally separable from other legally protected interests, such as liberty from undue state intervention. The conflicting stances of Bork's supporters and opponents constituted the core of my dilemma. On the one hand, I wished to retain privacy, since it seemed to protect so many vital areas of life. On the other hand, I realized that I was unclear about what I meant by ''privacy." I could neither define it nor explain its value. My book emerged in response to this dilemma. It embodies my concern that our vital privacy claims might diminish under skeptical attacks, perhaps even vanish, unless supported by a strong theoretical foundation.
Faced with this threat, I originally turned to the legal and philosophical literature on privacy, seeking to understand its conceptual and normative underpinnings. However, I discovered that both are marked by an unusual amount of heated disagreement, a fact publicized during Bork's confirmation hearings. These disagreements cover considerable ground, ranging from privacy's conceptual independence from other interests to its definition and the source of its value. To resolve such numerous, crucial conflicts, I decided to explore privacy for myself. It seemed to me that the following three questions needed answers before privacy could
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possess a sound theoretical foundation: Is privacy conceptually and morally separable from other interests? How should it be defined? What value should it be accorded? These questions are at the core of this work.
The Bork hearings did not totally undermine my privacy intuitions; I was left with the sense that our interest in privacy cannot be collapsed into other interests. I was also left with the feeling that any satisfactory definition of the term would have to be capable of linking together the apparently divergent issues collected together under the rubric ''privacy," issues involving information, access, and intimate decisions. Finally, I still believed that privacy was correctly accorded a positive normative value. The conclusions I reach in this work support these initial intuitions. After disposing of skepticism about privacy, I argue that privacy provides the agent with control over intimate decisions, including decisions about intimate access, the dissemination of intimate information, and intimate actions. I understand intimacy to be a product of the agent's motivation. To claim that something is intimate is to claim that it draws its meaning and value for the agent from the emotions of love, liking, or care. Hence, I conclude that privacy is the state of possessing control over decisions concerning matters that draw their meaning and value from an agent's love, liking, or care. We value the control privacy provides because it embodies our respect for persons as emotional choosers. To respect others in this fashion, we must acknowledge their autonomous capacity for love, liking, and care: we must accord them privacy. Understanding the ties between privacy and intimacy allows us to understand the paramount importance of protecting privacy: a person without privacy is a person who cannot live by her own plans with respect to intimacy, a person who has been denied control over her emotional destiny.
While ideas may flourish in privacy, they do not develop in isolation; my thoughts about privacy are no exception. I wish to extend my sincere thanks to my colleagues, without whom I could not have undertaken this project. I am grateful for the support provided by my fellow philosophers at Stanford University, where I started this work, especially those members of the Philosophy Department who commented on it. The Humanities Center at Stanford provided me with congenial, interdisciplinary support; I cannot imagine a better place to spend a year writing. My deep gratitude is also extended to the members of the Department of Philosophy at Mount Holyoke College, especially Tom Wartenberg. Teaching has always stimulated my thoughts, so I must
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