DQ6-Warren and Brandeis

(pp. 193-97)
  1. Warren and Brandeis begin their essay with a general explanation of how new rights evolve. How do they characterize the trend among new rights, or how do these new rights, generally, compare to existing ones?
  2. What branches of law, or concepts of harm, emerge alongside the development of new rights?
  3. What is the specific prompt or occasion for writing this piece? What is it about “1890″ that makes Warren and Brandeis predict legal change is coming?
  4. What are some the results of these trends? Which, if any, do you see happening today?
  5. Warren & Brandeis don’t at all question the importance of privacy and base their argument on a series of assumptions about its value. Why is privacy so important in the modern age of “1890″? Would we offer the same reasons now? What would we add?
  6. Return to question #1 and notice how W&B set up their essay: they move from the general context to their specific focus. They forecast their “project” (what they’re trying to do and how the essay will develop), and they explain why it matters. In two or three sentences, write a summary of the essay so far.

(pp. 205-07)

7. As legal scholars, Warren and Brandeis cite many precedents (rulings on similar cases made by previous judges) to substantiate their claim or to analyze the previous court’s thinking as a foundation for their own argument. Most of the decisions they discuss might seem to use a “narrow sense” of property (203, 204), but Warren and Brandeis detect “recognitions of a more liberal doctrine” (204) that they call “inviolate personality” (205). Using examples from the text, try to explain this concept and how it differs from property in the narrow sense.

(pp. 219-20)

8. Warren and Brandeis conclude that the “protection of society must come mainly through a recognition of the rights of the individual” (219). Go back to our readings from the New York Times and consider the different conceptions of society we saw there. Where would Warren and Brandeis fit? Explain.

9. In their final sentence, Warren and Brandeis invoke a familiar metaphor:

THE COMMON LAW HAS ALWAYS RECOGNIZED A MAN’S HOUSE AS HIS CASTLE, IMPREGNABLE, OFTEN, EVEN TO ITS OWN OFFICERS ENGAGED IN THE EXECUTION OF ITS COMMANDS. SHALL THE COURTS THUS CLOSE THE FRONT ENTRANCE TO CONSTITUTED AUTHORITY, AND OPEN WIDE THE BACK DOOR TO IDLE OR PRURIENT CURIOSITY? (220)

Building on question #3, what model of social organization does this metaphor support? Is privacy a right that everyone does–or should–enjoy? Why?

12 thoughts on “DQ6-Warren and Brandeis

  1. 1. In the very beginning Warren and Brandeis explain how the rights of people have evolved over time. In Warren and Brandeis’s words, “Gradually the scope of [the] legal rights broadened; and now the right to life has become to mean the right to enjoy life,” and involve emotions such as fear (Warren and Brandeis 193). Classifying fear and property as “nuisances”, Warren and Brandeis explain that protection of peoples’ rights have evolved to go farther than just physical protection but to also include people’s property and emotions.
    2. Because property has become a huge aspect evolved over time it needs more protection because of technological advancements and growing businesses. Newspapers, gossip, and press has developed greatly over the years and become a danger to people who want privacy and people are losing their right to property just as much as privacy over time.
    3. The main purpose for Warren and Brandeis writing this piece is to acknowledge the importance of protection in personal ways and protection of property as well. I think Warren and Brandeis see changes in society coming because they believe “solitude and privacy [were becoming] more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress,” (Warren and Brandeis 196). The question that Warren and Brandeis propose is that with the growth and importance of the press beginning to develop, is there enough protection in the laws that exist?
    4. I’m not sure of what trends this question means? If referring to the press, newspapers, and publicity then they have all been heightened and are much more extreme than before. Many people have lost their privacy because of technological advancements and having information at such easy access.
    5. Privacy was so important in 1890 because there were new discoveries happening every day in very important areas. The country was developing and slowly becoming successful in economic and industrious ways. Warren and Brandeis state, “…the heightening of sensations [came] with the advance of civilization,” meaning that the importance of individuals privacy was more and more important around this time of growth (Warren and Brandeis 195).
    6. The Right to Privacy by Warren and Brandeis is a discussion that shows how new rights are needed because of the evolving political, social, and economical changes happening. They show how over time while the changes of society are happening, peoples’ needs are also transforming as well.
    7. Inviolate personality means having an undisturbed personal identity. Warren and Brandeis use the example of artists expressing their emotions and thoughts through artwork to help identify that “publication in any form, is in reality not the principle of private property, but that of an inviolate personality,” (Warren and Brandeis 206). The difference between this term and property is that once emotions become a published physical piece it is not an example of inviolate personality. The untouched personality is having privacy where those emotions are not necessarily expressed and publicized.
    8. Warren and Brandeis would definitely fit in with the concept of people needing privacy to project personal identity and having the right to privacy. They would agree with Yoshino in having the main question to whether the laws that are present are enough to protect people. Warren and Brandeis’s thoughts on people’s emotions become something that needs protection and this reminds me of what we read about in Yoshino’s writing.
    9. In the metaphor that is brought in at the very end of Warren and Brandeis’s writing, I believe that it means a man has his right to privacy within his own boundaries and that should be protected. But the question is whether authority should protect every person’s privacy so much as to hide all of the thoughts, desires or anything else that occurs behind closed doors.

  2. 1. Warren and Brandeis begin the essay explaining how new rights evolve. They state that the basic principle behind all rights is “full protection in person and in property” and then they go on to characterize the trend among new rights evolving (Warren and Brandeis 193). As political, social, and economic changes came about, the law changed from just protecting the physical aspects of life and property to more broadened legal rights. As they state it, now “the right to life has come to mean the right to enjoy life” and protect peoples’ emotions (Warren and Brandeis 193).
    2. As the new rights started to protect peoples’ emotions, protecting people against concepts of harm emerged as well. Since the “legal value of sensations” was being protected, they also had to protect against actual bodily injury and the fear of this injury (Warren and Brandeis 193-4). There could be no more assaults. Other branches of law emerged as well. The law of nuisance emerged which protected against damaging a persons’ reputation. Intangible property was starting to be protected because thoughts, emotions, and sensations needed legal recognition. Business methods, inventions in technology, and newspapers shaped the law to allow a person to be let alone. People needed to be protected against instantaneous photos that invade private and domestic life and against their secrets being told through gossip (Warren and Brandeis 195).
    3. The prompt for writing this piece is that Warren and Brandeis wanted to emphasize the need for privacy and protection of our emotions. Warren and Brandeis predict legal change is coming because of all of the recent inventions and business methods and technology. They thought that these new mechanical devices would start to make “what is whispered in the closest…proclaimed from the house-tops” (Warren and Brandeis 195). They predicted that technology meant people needed protection of their privacy because their photos and gossip was being put in the newspapers which invaded their private and domestic life.
    4. Some results of the trends are photos and gossip in newspapers and how this damages a person’s reputation. Private and domestic lives are invaded much more today than they were when this was written. Today, the press and media gossip daily about the private lives of important and famous people. When the reputations of these people are damaged and their privacy is invaded, it causes mental pain and distress.
    5. The 1890s were a period of rapid technological and cultural change. The economy and industry was developing. It was important that people protected their privacy from the new technology. The press was “overstepping” with pictures and gossip and it was “potent for evil” (Warren and Brandeis 196). Today, privacy is still very important and it is invaded far worse. Photos and secrets are not only displayed through the newspapers, but through the media on television and the Internet. Publicity today is very extreme and technology is easily accessible which makes privacy hard to keep.
    6. The Right to Privacy explains how new rights evolved over time and how advances in society shaped new branches of law. It shows how as society changes and with new technologies, people need new rights to protect their privacy.
    7. Warren and Brandeis explain examples of inviolate personality to avoid only speaking of property in a narrow sense. They state that the “principle which protects personal writings and all other personal productions, not against theft and physical appropriation, but against publication in any form” is the principle of an inviolate personality (Warren and Brandeis 205). A person’s independence, dignity, and integrity must be protected. They show examples of this by saying any art in the form of writing, conduct, or conversation cannot be publicized without consent by the artist. The literary and artistic works have a right to privacy and a right to one’s personality. The artists’ right to their personality differs from the narrow sense of property, which could be physical property like land that somebody owns. A person owns their personality and this needs to be protected like physical property
    8. Warren and Brandeis that protection of society comes through recognition of the rights of the individual. This fits in with the New York Times article, The Whistle-Blower’s Quandary. In this article, it discusses why people like Snowden whistle blow. Warren and Brandeis would agree with the people that term Snowden a hero. They would agree with this because they believe in protecting the society and making sure people have rights. They would see Snowden as someone who did a good thing by letting society know that the NSA is tapping into emails and phone calls of citizens.
    9. This metaphor supports a model of social organization that not only protects the people’s physical properties very well but also their other types of properties such as emotions. It asks why can’t a person have a right to all of his properties in the law. Privacy is a right that everyone should enjoy because without it our society would not be democratic. People have the right to keep their thoughts and pictures private.

  3. 1. Warren and Brandeis begin their essay with a general explanation of how new rights evolve. They characterize the trend among new rights by saying, “Thus, in very early times, the law gave a remedy only for physical interference with life and property, for trespasses vi et armis.” (Warren and Brandeis 193). The new rights compared to the existing rights because “Gradually the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life, — the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term “property” has grown to comprise every form of possession — intangible, as well as tangible.” (Warren and Brandeis 193). The old rights are very strict and particular, where as the new rights are very broad and can cover many different scenarios.

    2. A few concepts of harm that emerge alongside the development of the new rights are the issues with privacy, the issue with owning more land and the technological advances issues. The privacy has been an issue because there are more right; therefore there is more room for privacy issues. Owning more land and more property and having more assets has become an issue because there are some rights that allowed that to be accessible. Technological advances are an issue because new rights allowed new technology and required new technology, therefore creating space for more issues.

    3. The specific occasion for writing this piece is to show the how important it are to protect yourself as a person and your personal property. I think that Warren and Brandeis see changes coming in the 1890 society because “This development of the law is inevitable” (Warren and Brandeis 195) and because “….as in other branches of commerce, the supply creates the demand” (Warren and Brandeis 196). Warren and Brandeis knew that there had to be some kind of change because change is inevitable and the world was becoming more advanced so there had to be some type of new law put in place to regulate the new advances.

    4. Some trends in the paper are that the gossip is a big deal. Some gossip is posted in their newspapers and some is on the news. This is still a trend today. The latest gossip on celebrities or well know people are still plastered all over newspapers and the news channels. Since it is a newer time there are more places to put the gossip, now there are social networks, magazines and blogs.

    5. Privacy was so important in the 1890s because there were many changes in that time. The economy and the businesses were growing and expanding. It was important for people to keep their privacy because the media was hungry for gossip and anything that would be new news to people. Today privacy is just as bad, and worse than it was then. There are more ways to expose information and gossip to individuals, not only the news and the newspaper but now also the Internet and magazines.

    6. Warren and Brandeis start their essay by saying how they think new rights and laws are needed because of new advances in the world. They are needed because privacy needs to be protected and controlled since the new advances can potentially harm privacy.

    7. Warren and Brandeis use what they call and “inviolate personality” (Warren and Brandeis 205) to show how it differs from a narrow sense. Warren and Brandeis say, “it is difficult to perceive how, in such a case, any right of privacy, in the narrow sense, would be drawn in question, or why, if such a publication would be restrained when it threatened to expose the victim not merely to sarcasm, but to ruin, it should not equally be enjoined, if it threatened to embitter his life” (Warren and Brandeis 204). They are saying that it is hard to see how privacy can be a question, even in a narrow sense. They believe that privacy is important and it only being looked at in a small way. A narrow sense is when privacy is looked at as an accessory and it is not that big of a deal nor is it particularly important. Warren and Brandeis believe that privacy is important needs to be taken more seriously because it has an ““inviolate personality” (Warren and Brandeis 205).

    8. From the reading in the New York Times I think that Warren and Brandeis would fit in with the whistle blowing articles. They think that the “protection of society must come mainly through a recognition of the rights of the individual” (Warren and Brandeis 219) therefore, they think that the rights of people come from how the society protects them. If the society doesn’t protect them then they don’t have many individual rights. They would fit in a whistle blowing article because if the society doesn’t protect them then they have no rights, and the whistle blowing articles the people who are getting the whistle blown o them, the NSA, are protected by the society, so therefore they have many rights.

    9. In the final sentence of Warren and Brandeis piece, the metaphor is model of organization portraying privacy. Personal privacy means that the person has the right to expose and keep private what they wish. Privacy is a right, and some people may enjoy it and some people may not enjoy it. Some people want their lives private and some people couldn’t care less and they want people to know their lives. It is something that people should enjoy because they can choose what they want known and what they want kept private, the only downfall is that the people need to understand that once information or released it is no longer private.

  4. 1.Warren and Brandeis begin their essay by writing about in time the rights of people change. They talk about in this section that rights have evolved by originally being about the physical protection of oneself, to now its more of into the rights of one’s property and emtotion.

    2.Property and peoples emotions have become a big target for the new develoopment of rights. As we grow in technology and business, people’s private lives can become more invaded. Such as news stories breaking lose you can see reporters stacked in front of someones home for days waiting to get an oppportunity to get an interview.

    3.The main reason why Warren and Brandeis wrote this piece is because they saw how the rights of people were changing. Many people want their social and property protected, which with these rights would make people worry less about their home lives.

    4. The results of these trends haven’t really been acknoowledged much today. Since we keep becoming more and more technologically advanced we can’t keep up with how to keep our lives private from publicity.

    5. The reason why in 1890 privacy was so important, was because with all the new discoveries people began to be able to find out that their lives could be watched without them even knowing. Our country was developing economically and had new advnaces everyday. Today we are invaded far worse then we could expect. We always have new advances and always seem to find out more and more about how our privacy can be invaded with them. We add things to our own fault, we add photos to social media, that can break into stories where people find anothers home, and it all can be broadcasted through television, radio, newspapers, blogs, etc.

    6. The Right to Privacy written by Warren and Brandeis talks about how the new rights that are upon us. We seem to keep getting more technological advance where, we can lose more of our privacy. With these new technologies we can gain publicity, which will show how society will shape itself out with new rights contineously.
    7. Warren and Brandeis explain inviolate personality to avoid speaking of property in a narrow sense. They write that “principle which protects personal writings and all other personal productions, not against theft and physical appropriation, but against publication in any form” is the principle of an inviolate personality (Warren and Brandeis 205). This shows that people need their rights kept with their privacy. Without their privacy they don’t have the sense of protection of their own rights. The text uses examples such as when people write about a piece of art work it can’t be published or that piece of art can’t be used unless its gotten permission from the artist themselves. Its a very similar concept to copyrighting. With this example the artist has the right to tell them if they can use their work or not from their narrow sense of their property. That picture is their property and they can be the only ones to say how its used or not.
    8. Warren and Brandeis conclude that the “protection of society must come mainly through a recognition of the rights of the individual.” (Warren and Brandeis 219) Warren and Brandeis would fit into the article about Snowden and “whistle blowing.” The article of “The Whistle-Blower’s Quandary,” written by Waytz et al. This is because Warren and Brandeis write like they believe people who “whistle blow” are heros. That the reason they do it is for the overall good of people.
    9. The metaphor that Warren and Brandeis use at the end of their essay states that everyone should have their own right to privacy. Not just their physical property that they own and can be behind in their own boundaries, but there emotional privacy and rights as well. Privacy is what should be given to us at birth and not taken from us with new advancements.

  5. 1. In the beginning of Warren and Brandies’ article they speak about how rights evolve over time. They mention how “in very early times, the law gave a remedy only for physical interference with life and property, for trespasses vi et armis” which is essentially saying that the rights were generally restricted to those who earned them. Later they mention how “the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life” which is saying that we, as humans, deserve to live freely in order to enjoy the life we have so gladly been given.

    2. Warren and Brandies explore the concepts of harm that have been emerging ever since the evolution of new rights. We notice that privacy and property have both been among the most invaded. We find that it is hard to keep things private because there are always people needing/ wanting to know more. We find with the new rights we are given people are becoming more injured and more and more irritated with offensive odors and noises such as smokers who were allowed to smoke anywhere. We now limit their smoking niches to specific places along the streets labeled designated smoking area.

    3. The reason in which Warren and Brandeis wrote this piece was to acknowledge the fact that we need to place so much emphasis on our personal privacy and property. They notice that with the advancement in technology, business and property that we need to take action on protecting what is ours. Technology enables individuals to seek information that we may not want them to know, but since we are so technologically advanced we don’t realize whether we are putting things in places that we really can protect them.

    4. Some trends that have been happening when reacting to the new changes are talking about the changes in newspapers or magazines in places where people will see it. We notice that photos and words mean a lot, so once something like that goes viral it would be hard not to hear about it in some form.

    5. In 1890 our country was going through drastic economic and technological changes that we needed to find a way to protect. With new technology, it was important to protect our private things because privacy is very important. Privacy today is still very important, although for some reason or another we don’t seem to need to obtain it as much as we did in the past. We find that it is necessary to have privacy although we post some many things that we have such a hard time keeping it.

    6. The Right to Privacy allows us to understand the changes in our technology and privacy over time. Yes, we know that we have the right to privacy, but do we really know how to obtain it? This proves to us that once we do obtain it, we need to guard it with our lives.

    7. An inviolate personality is used in this article to avoid speaking of property in a narrow sense. Without the protection of privacy people would find it hard to keep anything from anyone. The narrow sense of property is when we notice that we have the right to something in which we are able to tell someone when they can or cannot use it. For example, you need to give credit where it’s due when writing a paper. We know that we take words or phrases or even ideas from another persons writing, but in order for it to meet the narrow sense of property we either need to ask permission to use it, or cite where and who it came from within our paper.

    8. I believe that Warren and Brandeis’ paper would fit perfectly with the others that we have read. It talks about privacy and what steps we need to take in order to protect it. It also talks about the protection of ourselves and if it would even be an option to protect ourselves without privacy. This would match perfectly with Yoshino’s point of how people feel they need to protect their identity because they don’t want any new advancement spilling any information.

    9. The metaphor used at the end of the passage could be described as a symbol of them showing how you must obtain privacy in order to protect yourself and your property. Your property doesn’t have to be an object like a house, or a car, but it could also be something bigger that that, something like emotion. That is something that people protect with their lives and would never be able to be protected without the concept of privacy.

  6. 1) Warren and Brandeis characterize the trend among new rights by explaining how they evolved. The new rights came to the right to enjoy life which included the characteristics to have the right to be left alone, the right to liberty which secures the exercise of extensive civil privileges and the term property which has grown to comprise every form of possession – intangible, as well as tangible. These New rights generally compare to the existing ones because beforehand, the law gave a remedy only for physical interference with life and property, for trespasses, then after that “the right of life” served only to protect the subject from battery in its various forms; liberty meant freedom from actual restraint; and the right to property secured to the individual his lands and his cattle. Then there came a recognition of man’s spiritual nature, of his feelings and his intellect, this finally lead to the new rights.

    2) The branches of law, or concepts of harm, that emerge alongside the development of new rights were the law of nuisance which was more the protection of the individual against offensive noises and odors, against dust and smoke, and excessive vibration. There was also the legal compensation of property. “Gradually the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life,– the right to be let alone; the right to liberty secures the exercise of extensive civil privileges; and the term “property” has grown to comprise every form of possession — intangible, as well as tangible. (Warren and Brandeis 194)” For example, the law of nuisance was developed which protected the individual against offensive odors, noises, dust, smoke, and excessive vibration. The second law that was created was, the law of slander and libel which was because the man’s family relations became a part of the legal conception of his life, and the alienation of a wife’s affection was held remediable.

    3) The specific prompt or occasion for writing this piece was because the intense intellectual and emotional life, and the heightening of sensations which came with the advance of civilization, made it clear to men that only a part of the pain, pleasure, and profit of life lay in physical things. Thoughts, emotions, and sensations demanded legal recognition, and the beautiful capacity for growth which characterizes the common law enabled the judges to afford the requisite protection, without interposition of the legislature. What makes Warren and Brandeis predict that legal change is coming because in the “1890s” recent inventions and business methods called attention to the next step which must be taken for the protection of the person, and for securing to the individual what they have the right to be let alone. At this time, instantaneous photographs and newspaper enterprise invaded the precincts of private and domestic life. “Numerous mechanical devices threaten to make good the prediction that “what is whispered in the closet shall be proclaimed from the housetops. (Warren and Brandeis 195)” Warren and Brandeis believed that the evil of the invasion of privacy by the newspapers, long keenly, has been but recently discussed by an able writer.

    4) Some of the results of these trends are gossip which is information that is altered in some way thus making it false. Due to the mass production of newspapers and instant photographs being taken, some of this information can be altered and taken differently in different situations which is why it can be dangerous. Injury of feelings is taken into account and is recognized as legal injury. Today, the value of feelings is now recognized. Fright caused by an assault may be compensated for in a court trial. However, there is a lot of gossip occurring in the newspaper and magazine tabloids. I believe that it is even worse today because of all of the photoshopping on pictures that people are doing – even professional companies are altering images by photoshopping them, making the people in them look differently or committing an act that they weren’t actually doing which causes mental pain and anguish for the poor people whose pictures are being altered.

    5) Privacy is so important in the modern age of “1890” because the press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry as well as effrontery. To satisfy lustful thoughts, the detais of secual reations are spread broadcast in the columns of the daily papers. Press was overstepping its boundaries and gossip became a trade and a way to sell newspapers. I believe that we would add the same reasons now because today gossip is sold to people in the form of magazines to serve as entertainment. The only thing that I would add, is that today this is worse, because the newspapers and magazines are taking images of people and altering them using photoshop, so we could be reading a completely false story and laughing at these poor innocent people that the articles are about.

    6) So far throughout the essay, Warren and Brandeis discussed how the rights of people changes as the time changed. For example, as technology developed the people needed more privacy in order to protect themselves from the newspapers and instantaneous photos infringing their privacy. The definition of property also chanced to include the corporeal property arose the incorporeal rights issuing out of it which opened the wide realm of property that is to be kept to yourself and no one is allowed to mess with it.

    7) Warren and Brandeis cited many precedents, or rulings on similar cases made by previous judges to substantiate their claim or to analyze the previous court’s thinking as a foundation for their own argument. Warren and Brandeis detected “recognitions of a more liberal doctrine” that they called “inviolate personality.” By using examples from the text, this concept differs from property because “the believe that the idea of property in its narrow sense was the basis of the protection of unpublished manuscripts led an able court to refuse, in several cases, injunctions against the publication of private letters, on the ground that ‘letters not possessing the attributes f literary compositions are not property entitled to protection;’ and that it was ‘evident the plaintiff could not have considered the letters as of any value whatever as literary productions, for a letter cannot be considered of value to the author which he never would consent to have published.’” “The principle which protects personal writing and all other personal productions, not against theft and physical appropriation, but against publication in any form, is in reality not the principle of private property, but that of an inviolate personality,” which means that private letters, not intended as compositions, are entitled to the protection of an injunction in the same manner as compositions of a literary character.

    8) Warren and Brandeis concluded that the “protection of society must come mainly through a recognition of the rights of the individual.” From the readings in the New York Times and the different conceptions of society that we saw there in class and discussed, I believe that Warren and Brandeis would fit in with Waytz, Dungan, and Young who wrote “The Whistle-Blower’s Quandary” because in this article, the breakdown of what these authors said was that if you emphasize loyalty, you tend not to be a whistle-blower and rat out people’s secrets, however if you emphasize justice and fairness, you probably tend to be a whistle-blower and let secrets out in order to help yourself and others. Throughout Warren and Brandeis’ article, they were saying that over time laws have changed and because of technology, people’s rights also changed – the need for privacy was growing. Today, the value of feelings is now recognized for example, if you are assaulted you are able to win a court case and receive money for the mental troubles this trauma could have put you through however, sometimes people value money more which is why today, so many tabloids are taking pictures of people and photoshopping them, in order to sell as many issues as possible. People love gossip because it entertains them even though most of the time they know half of the stuff they are reading isn’t true. These poor people who are edited and publizied in newspapers are treated without any respect. Which is why I think Warren and Brandeis would best fit in with Waytz because the sense of what people value is important for these authors.

    9) Warren and Brandeis invoked a familiar metaphor which stated, “The common law has always recognized a man’s house as his castle, impregnable, often, even to its own officers engaged in the execution of its commands. Shall the courts thus close the front entrance to constituted authority, and open wide the back door to idle or prurient curiosity?” The model of social organization that this metaphor supports is the privacy that a man had only for his house and not for his reputation. People were able to come in through the “back door” and find out about private matters and write about them in the newspapers their identity wasn’t protected. Privacy is a right that everyone should definitely have an enjoy because if there wasn’t such a thing protecting us from people who are trying to snoop around our lives and business and release it to the public, I believe that people would always be worried about private matters getting out and this could be a very stressful thing. Especially with the technology expanding, people need this right to privacy in order to protect their reputations and things that they want to keep private.

  7. 1. At the beginning of their essay, Warren and Brandeis give an explanation of how new rights evolve. They began by stating that the law “gave a remedy only for physical interference with life and property” (Warren and Brandeis, 193). They described various rights and what they used to mean. For example, they mentioned that a person’s right to life protected them from various types of bodily harm. However overtime, they explained how laws changed to include the feelings and intellect of a person. They described how the right to life was altered to not only protect a person from harm but to ensure that they enjoy the life they live.
    2. From the development of new rights, as described by Warren and Brandeis, there also came new branches of law such as the law of nuisance, which protects against injuries, and the laws for slander which protect one’s reputation. These new laws also created the need of protection from certain types of harm. These harms include privacy invasion and the growing issues regarding property.
    3. The occasion for writing this piece is to address how Warren and Brandeis saw the times changing. They themselves say that the “development of the law was inevitable” (Warren and Brandeis, 195). In the 1890’s, there was a great advance in civilization. With it, came the need for more protection of privacy, property, etc.
    4. As a result of these trends, Warren and Brandeis describe the gossip that arose from it. They also describe that newspapers had a habit of invading the privacy of people. We still see issues like this today. As our civilization is greatly changing due to the never ending technological advances of today, we still see privacy invasion except on a bigger scale. Nowadays, it isn’t just newspapers invading privacy. Technology is closely monitored by the government where they can get numerous amounts of information on an individual without the individual’s permission.
    5. In 1890, privacy was so important because of the changes going through society. There was more technology available and cities were becoming wildly popular. With all of these advances and with society pushing forward, people really needed to cover rights of privacy. Nowadays, we can still say the same thing. We are rapidly advancing in the world of technology and with this advancement, privacy is ever more important. However, in present times, we have more technology which can be used to invade our privacy more than it was in 1890.
    6. In this essay, Warren and Brandeis have described old laws and what they covered. They then switched to modern times, which then was 1890, and discussed how these laws had to be adjusted to accommodate new things that were becoming more and more important to society, such as the right to privacy. With these new interests in mind, new laws were created to once again please the public.
    7. To avoid speaking of property in a narrow sort of sense, Warren and Brandeis use the term “inviolate personality” to describe things. They describe “inviolate personality” as being any “principle which protects personal writings and all other personal productions…against publication in any form” (Warren and Brandeis 205). To enforce this explanation, Warren and Brandeis use examples of how arts need protection of publication.
    8. Throughout this entire essay, Warren and Brandeis focused and really emphasized an individual’s rights. With the other readings we have done from the New York Times so far in class, I believe that Warren and Brandeis would fit well with the ideas. The other articles stressed the importance of the need for privacy and Warren and Brandeis talked a lot about how privacy was increasingly more necessary as society progressed through time.
    9. The last statement of Warren and Brandeis essay is a metaphor describing the need for society’s right to property and privacy. It is saying that a man’s house is his own. It should not be invaded in any way. A person has a right to privacy within their own home. I think that the right to privacy should be exercised by everyone. It is stressful to keep one’s entire life in the public. People should be entitled to some form of privacy. I feel like it is necessary for one’s sanity to have certain things remain unknown to the public.

  8. 1. Warren and Brandeis start their essay with the evolving rights we have. They characterize the trend among these new civil rights as gradually broadening and how they have “come to mean the right to enjoy life” (Warren and Brandeis, 193). These new rights are more than just protecting one’s self and property. They now recognize political, social, and economic changes in society.
    2. The branches of law that emerge alongside the development of new civil rights were the law of nuisance, protection against injuries to property, and the law of slander, regarding human emotions and protecting reputations. With these new civil rights it was brought to attention that physical things matter less than the emotional.
    3. When times change, thinking/emotions and laws evolve. In the 1890’s there was much change and innovation in business and inventions and with such great changes, legal change isn’t far behind. Therefore Warren and Brandies could see legal change happening soon.
    4. Gossip is a result of these trends and “the press overstepping in every direction the obvious bounds of propriety and of decency” (Warren and Brandies, 196). And we certainly see that today. Newspapers and magazines trying to get a headline by digging deep into people’s/celebrities personal lives. Also, gossip is everywhere. Many can’t even have conversations without bringing up news about someone else or asking about rumors.
    5. Privacy is so important in the modern age of 1890 because of its advancements. With increasing technologies and cities people want to have privacy with increasing causes/demands of publicity. Today technology is rapidly increasing with social networking, texting, etc. and people want more and more privacy with more and more publicity. Also today it is much easier to publicize, so there must be more and stricter privacy policies.
    6. Warren and Brandies show that civil rights evolve with the demand of society’s needs and wants. Civil rights accommodate the changes of thinking, emotions, and technology in modern and old times.
    7. Warren and Brandies state that “The principle which protects personal writings and all other personal productions, not against theft and physical appropriation, but against publication in any form, is in reality not the principle of private property, but that of an inviolate personality” (Warren and Brandies, 205). Meaning that the inviolate personality is completely private and is protected to stay private, and private property is more owned and can be publicized but with certain regulations and protections.
    8. I believe that Warren and Brandies fit in with Yoshino in a way. They state that the “protection of society must come mainly through a recognition of the rights of the individual” (219) and similarly Yoshino believes that society should recognize everyone’s differences individually and develop rights for them.
    9. In Warren and Brandeis’s final sentence the metaphor is supporting the right to privacy. It also states that there is an issue between publicity and privacy. They ask “shall the courts thus close the front entrance to the constituted authority, and open wide the back door to idle or prurient curiosity?” (220) Shutting the doors gives privacy but having a back entrance allows for unwanted publicity. Everyone should have privacy, because it allows for control less judgment. But sometimes there is the case where people believe one’s privacy is another’s business.

  9. 1. Warren and Brandeis said that politics, society, and the economy changes we go through are the base for the development of new rights. At the beginning, rights used to be mainly focused on the physical interference with life and property, but now it has branched out to spiritual nature such as feelings and intellect.
    2. Laws have been made to protect things such as battery, assault, offensive noises and odors, dust and smoke, laws against nuisance, and the overall right to enjoy life. These all arose when laws no longer were needed just to protect physical property and life, but to protect anything tangible and intangible.
    3. The specific reason for writing this piece is to address how certain aspects of our lives are being overstepped. The newspapers have disregarded privacy by invading in private life, gossip that results from the press is no longer just talk, and it is now a “trade which is pursued with industry” (196). Warren and Brandeis can predict legal change is coming because they see these invasions and how the human needs their feelings and ideas to be protected along with their physical property and being. There must be laws created to protect these aspects of our lives.
    4. With the emersion of gossip and press, “man has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual” (196). Other things arose such as protection of our senses like noises, smoke, and smells. It is very apparent in today’s society that we want to have rights to our own senses like smells and noises. That is why courtesy hours were created and smoking so many feet away from a building.
    5. The “right to be let alone” (195) is a step to protect the person and secure the individual. Privacy is so important because personal portraits started circulation around without permission. They also want protection from the invasion of privacy by newspapers. This seems like de-ja vu. These are the issues people are having with society today. The only things added would be invasion of privacy through technology.
    6. In the beginning, individuals were protected on the basis of their person and their property. Over time the need for protect has grown from physical protection to the protection of tangible and intangible aspects of our lives and our privacy. The press has overstepped their boundaries in gossip, circulation of private portraits, and invasion of private lives.
    7. Property in the narrow sense can be considered “the basis of protection of unpublished manuscripts led an able court to refuse…injunctions against the publication of private letters” (203). Property in the narrow sense protected “thoughts, sentiments, and emotions, expressed through the medium of writing or of the arts” (205). “Inviolate personality” can be defined as the right to one’s personality. It is not just the right to private property. “If, then, the decisions indicate a general right to privacy for thoughts, emotions, and sensations, these should receive the same protection, whether expressed in writing, or in conduct, in conversation, in attitudes, or in facial expression” (206). These fall under the “inviolate personality.”
    8. Warren and Brandeis would fit in with concepts such as the need for privacy to project one’s personal identity. They would also fit with the idea of the necessity to the right to privacy. Yoshino talks about the progression of civil rights and privacy. Warren and Brandeis discuss the progression of rights for privacy. The civil rights grow along with the rights to privacy. Yoshino and Warren and Brandeis both question if the present rights that we have are enough to protect privacy and individuality. Yoshino talks about the need to protect people’s feelings in a sense and this is what Warren and Brandeis begin to get into with this article.
    9. This metaphor, I think, means that man has a right to privacy when he is in his “domain,” but that does not mean he is immune to the scrutiny of the public. Everyone’s privacy is open to be invaded. By closing off the “front entrance” to the rights that the constitution has allotted them, the “back door” is now open for the public’s pointless and lustful curiosity that leads to the invasion of privacy. Privacy is a right that everyone should enjoy.

  10. 1. At the beginning of their essay, Warren and Brandies are writing about changes in the rights of people. Rights used to protect people from bodily harm, but over time these rights started including property and emotions.
    2. The branches of law, or concepts of harm, that emerge alongside the development of new rights were the law of nuisance, which protected against injuries and the laws for slander, which protected against damaging a persons’ reputation. Thoughts, emotions and sensations needed legal recognition, so intangible property was starting to be protected. Legal compensation of property was also starting.
    3. As times change, the way people think changes too, causing laws to evolve. In the 1890s there were many changes occurring as innovations in business and inventions occurred, legal changes were soon to follow.
    4. Some of the trends are gossip and photos in the news, newspapers, magazines, ect. that are damaging to people’s reputation. Private lives are being invaded; especially those of famous or well-known individuals and their families, and details meant to be kept to themselves are getting into the press and sometimes ruin their reputations.
    5. Privacy was important in the 1890s because of all the changes that were occurring. Business and the economy were expanding and it was important for people to keep their privacy as the media continually looked for anything that would be news to people. Today, privacy is just as important as it was then, but even harder to keep with more information being exposed and easily accessible with the internet and social networking being so integrated with many peoples’ lives.
    6. “The Right to Privacy” by Warren and Brandies discusses how new rights are needed as political, social and economic changes occur. They explain how over time there are changes within society with new technologies evolving and therefor, people’s rights much change to protect them as the need evolves.
    7. Without the protection of privacy, it would be hard to keep anything from anyone. The narrow sense of property is when we notice that we have the right to something in which we are able to tell someone when they can or cannot use it. Warren and Brandies are saying that it is difficult to see how privacy can be questioned, even in a narrow sense. A narrow sense is when privacy is looked at as an accessory and is not that big of a deal or important.
    8. Warren and Brandies focused on the individual’s rights and the need for privacy to protect that person’s identity when needed. Other readings we have done have also stressed the importance of the individuals need for privacy.
    9. The last statement of Warren and Brandies essay is a metaphor of the need for society’s right to privacy and property. It says that a person has the right to privacy within their own home. The right to privacy should be used and enjoyed by everyone.

  11. 1.The trend among new rights progress as the times change. The new rights are paired with existing old rights that seem to be expanded to include the new definition. “Gradually the scope of these legal rights broadened; and now the right to life has come to mean the right to enjoy life” (193). There is this gray area it seems as to what the law actually protects.
    2.The courts need to consider establishing legal rights for thoughts, emotions, and sensations, instead of just physical objects. This would include our right to privacy also known as “the right to be let alone”. Will the government ever recognize and protects these rights?
    3.This piece raises the questions about the right to privacy from the press and what gets posted in the newspaper like gossip and photographs. New change is predicted to come based on the civilization and new technology that allowed for instantaneous photographs to be taken and posted in the newspaper. The law needs to protect the private and domestic life and new mechanical devices are threatening that right.
    4. These trends result in people’s right to privacy getting infringed upon and their private information getting posted publically. This happens all the time today. Celebrities are constantly under fire from paparazzi and so are any public figure. They really don’t have a private life.
    5. Privacy is all some people have. It’s who they are and it should be protected by law. Since the press publishes whatever it wants they can start gossip that can in turn harm people’s integrity and social standing. Yes, I think this point is always going to be relevant but not as much as it is nowadays.
    6. Warren and Brandeis have set the stage explaining to the reader the background information on laws and how it has evolved over time. Then, they introduce the main point of their essay, the invasion of privacy caused by the new era of civilization and growth of technologies. They proceed to explain why this issue is relevant and how people can be affected by gossip.
    7. The “narrow sense” (203) of the term property would be the physical object. What Warren and Brandeis are trying to get across is this idea of “inviolate personality” (205) or what they call “the right to one’s personality” (207). They are trying to point out is the fact that the laws don’t protect our thoughts, emotions, and sensations and these concepts are not property they are part of our personality. The law should protect these rights. If this were actually the case we would have the right to say what we want publicized and what we don’t because it is our property.
    8. Warren and Brandeis would fit in from a historical and legal point of view. They are trying to bring up this new idea of “inviolate personality” (205) to make the public aware that they should fight for their rights. If these laws came about during these times, we might not have all the infringements of privacy that society faces today.
    9. This metaphor supports the idea of one’s own privacy, however, there is always going to be a concern that people can invade this privacy. Everyone should have the right to privacy and it should be a right but, there is always going to be a way to get around these laws.

  12. 1. Warren and Brandeis state, “the term ‘property’ has grown to comprise every form of possession — intangible, as well as tangible”. They talk about this transformation of privacy as one from physical to emotional. They then talk about what Judge Cooley calls the right “to be let alone”. With the technology advancements comes more of a demand for privacy. Between the gossip, press and media it is harder and harder for us to get our privacy.
    2. They say the new rights must keep up with the demand of society. If society is continuously changing, the rights must as well. Warren and Brandeis believe that everything is changing together as it should. After each change they state that the demands of society were met.
    3. The prompt for writing this was “instantaneous photography” and “the evil of invasion of privacy by the newspapers”. They believe that due to these things protection against them is a “necessity” and “inevitable”.
    4. Warren and Brandeis state, “Numerous mechanical devices threaten to make good the prediction that ‘what is whispered in the closet shall be proclaimed from the house-tops’”. Today we have countless mechanical devices that allow these whispers to be announced on house-tops. A conversation between two people can be recorded and broadcasted on a website for anyone with access to the Internet within seconds.
    5. Privacy is so important in the modern day of 1980 because it was just now being invaded without an immediate protection from the law. Technological advancements that were unheard of were quickly invading their privacy. Technology is definitely still the reason we need privacy today. And some may argue that nothing is being done for it and that our privacy is gone.
    6. Warren and Brandeis’ article discusses how as a society changes so do its demands. These changes may be technological, political and economical and our rights must change accordingly.
    7. “Inviolate personality” is “publication in any form” according the Warren and Brandeis. Property is more of a broad term that includes all of one’s possessions that may become inviolate personality when it is shared. An example they provide is an artists paiting.
    8. Warren and Brandeis’ conclusion that “protection of society must come mainly through a recognition of the rights of the individual” is very similar to Kenji Yoshino’s solution to the lack of privacy in our society. He believes we need a “new civil rights” that must come within each of us collectively rather than something enforced through law.
    9. I believe this metaphor is explaining the authorities “closing the front doors of our home” or protecting our blatant rights that are obvious and expected. But the “back door” remains open and can easily be accessed by any that want to because of our technology today.

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