Read e-book online Transforming Privacy: A Transpersonal Philosophy of Rights PDF
By Stefano Scoglio
Utilizing an leading edge historical past of the constitutional correct to privateness, and encouraged through Emersonian Justices like Brandeis and Douglas, this e-book rescues the that means of privateness from standard liberal considering through offering a basic concept of rights in response to a spiritual-ecological jurisprudence culture on the center of yankee legislation. the correct to privateness is a strong, but usually ignored culture, whose major representatives are Justice Brandeis and Justice Douglas, either one of whom translated into concretely felony and political principles the philosophy of yank thinkers like Emerson and Thoreau. In gentle of this old knowing, the foremost constitutional circumstances on the subject of privateness, reminiscent of Griswold or Roe v. Wade, are given new interpretations. via a thorough reinterpretation of Mill's philosophy of liberty, and a comparability of that reinterpretation with the single of Brandeis, this ebook proposes a brand new basic idea of rights, in accordance with the valuation of privateness as a transformative context within which self-knowledge can emerge, giving start to moral and communal accountability.
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Extra info for Transforming Privacy: A Transpersonal Philosophy of Rights
35 We need therefore to explore very briefly the basic metaphysical presuppositions of our revolutionary definition of the law of privacy. ’’36 This may seem a sort of obscure metaphysical riddle, but it is indeed quite simple and very concrete, although it must be very clear that Plato’s statement, as well as the following explanation of his words, is but a metaphorical myth or tale that portrays, in words that the ordinary human intellect can grasp, a reality that is utterly beyond language. What Plato is saying, in a language that was that of the Greek youth trained in philosophical debate, is that the world or reality appears to us as ‘‘many,’’ that is, as a multiplicity of things and beings.
10 As is well known, this reductionism results in the fundamental utilitarian principle, the maximization of pleasure and the minimization of pain, pleasure and pain being fully understood in purely sensistic and materialistic terms, as shown by Bentham’s famous equalization of ‘‘pushpin’’ and ‘‘poetry’’ on the ground that, regardless of their presumed higher or lower quality, both produce a measurable amount of pleasurable stimulation of the senses. Reality, including human beings, is thus interpreted as a unitary continuum of sensematter, and whatever is claimed to transcend such a level of reality is by Bentham discarded as metaphysics.
For instance, it is true that the utilitarian search for the maximization of pleasure seems to require a forceful desiring self. But the fact that such a desiring self has no legitimate choice to withdraw from wanting more and more sensual pleasure reveals how in the end the utilitarian self is no self at all, but only a modulation of the sense-matter continuum. Such a dissolution of selves into a radical hedonistic and materialistic monism has also its positive side: Bentham’s insistence on the ‘‘greatest happiness of the greatest number,’’ as well as his noble sensitivity for the suffering of all sentient beings, can be explained only in reference to the strong sense that all beings share a common and unitary sense-matter nature.
Transforming Privacy: A Transpersonal Philosophy of Rights by Stefano Scoglio