Brandeis And Warren Argumentative Analysis

Brandeis Louis and Samuel Warren in their article talked about the right to privacy, the entitlement to have full protection in person and in property is a fundamental principle for everyone. They acknowledged that the principle is unfixed, and it has been reconstructed time by time because of political, social, and economic changes. (Warren and Brandeis 193). In short, the authors illustrated the development of common law about the life and property which always meet the new standards of our society, and they also made coherent and potent arguments to explain why defamation, property and contract law failed to provide appropriate protection for privacy.
2) The Authors’ Arguments
Firstly, Brandeis and Warren argued that the rights and the common law are variable according to the updated standard of society. Previously the common law principle regarding “right to life” only provided the remediation for physical interference with life and property, yet later it was extended to recognize the sentiments and mind of people. For example, the action of battery or assault, previously only provided …show more content…
In brief, the limitations are as followed, the right to privacy do not prohibit publications regarding the public interests. Speaking gossip and oral communications are not inside the scope of privacy rights. Privileged communications are the domain of slander and libel. There is no defense for published truth, and malice are irrelevant to a breach of privacy action. In terms of remedies, the authors suggested that people can claim for compensations of harm under tort law or ask an injunction. In addition, the authors categorized the invasion to four types: invasion into individual’s private life and personal affairs, public disclosure of awkward secrete facts, misapplication of one’s name or images for profits, and unwanted publicity of private person (Warren and Brandeis