ABSTRACT

The privacy obligations are legal obligations and obligations endowed with a certain force is indisputable. The daily news appears intent on convincing us of the contrary, so insistent and pervasive are the privacy violations it portrays. There is also a great deal of normative indeterminacy in the expectations on which privacy rests. Privacy, human subjectivity, and the law hold, in other words, a relationship of reciprocal necessitation; a relationship so profound it might be said that, like space, time, and the universe, none of these ideas would be able to exist without the others. Of all legal domains, privacy is indeed that most typically performs the task of institutionally recognizing the boundaries of human subjectivity. Law's passage through human subjectivity partly enables, partly registers people journey towards dignity. Law's reflexive pauses are theoretically much more interesting than the habitual obedience to the law. Law recognizes and institutionalizes the existence of such beings, beings of reason, if imperfectly so, through personhood.