Refining Privacy in Tort Law

1. Front Matter

   Pages i-xvii

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2. Refining Privacy

   • Patrick O’Callaghan

   Pages 1-23

3. Three Conjectures About Privacy

   • Patrick O’Callaghan

   Pages 25-47

4. A Privacy Curve

   • Patrick O’Callaghan

   Pages 49-94

5. Comparing Hard Cases

   • Patrick O’Callaghan

   Pages 95-147

6. Conclusions

   • Patrick O’Callaghan

   Pages 149-158

7. Back Matter

   Pages 159-169

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This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

• Legal History
• Legal Theory
• Personality Rights
• Privacy
• Tort Law

• Newcastle Law School, Newcastle University, Newcastle Upon Tyne, UK

  Patrick O’Callaghan

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