30
ChaPter 4: What is Privacy? a Normative account
Law Commission Miscellaneous Paper
languages of expressionf.95 taylor acknowledged that, eWe are of course expected
to develop our own opinions, outlook, stances towards things, and to a
considerable degree through solitary reflection
[emphasis added]f.96 having privacy
can assist this process of developing life plans or projects.
77.
autonomy and equality are certainly linked in spite of both the practical and
imagined tensions between them in some accounts: to value autonomy is to
respect the conceptions that others have of themselves and their life plans or
projects. the political and normative position of humans as having equal dignity
is premised upon the idea that all humans have an entitlement to equal respect.
Whether we are strangers or intimates, each and everyone of us is worthy of
such respect. the potential of humans, erather than anything a person may have
made of it, is what ensures that each person deserves respectf.97 a
t a high level
of abstraction, the concept of democracy, as understood in elements of
contemporary theory, also tends to operate with the notion of moral equality in
the context of political action: ebecause each individual life is an end in itself,
collective decisions ought to recognize, respect, and benefit individualsf interests
and values equally, insofar as possiblef.98
78.
there are undoubted tensions (perceived and real) in liberal political thought.
samuel scheffler has warned that eassociative dutiesf, which he has described as
eduties that the members of significant social groups and the participants in close
personal relationships are often thought to have toward one anotherf, represent
a potential tension point in liberal thought for both autonomy and equality
values.99 scheffler counsels that emost of usc believe that our family relations
and social affiliations can be a source of responsibilities that do not derive solely
from choices we have madef.100 Nevertheless, he believes that there is the
epotential for genuine conflict in our thinking about the extent of our
responsibilities to different individuals and groupsf.101
79.
yael tamir has commented that eassociative dutiesf are not egrounded in the idea
that what is mine is more valuable than what is yoursf.102 hence, e[w]hen i claim
that charity begins at home i do not intend to imply that the poor of my town are
better but merely thatc I have a greater obligation toward them than to strangers
because they are members of my communityc [such] claims do notc imply an
objective hierarchy among different forms of life [emphasis in original]f.103 scheffler
is right to say that, while not all liberals necessarily accept the existence of
95
charles taylor, ethe politics of recognitionf in amy Gutman (ed), Multiculturalism: Examining the
politics of recognition (Princeton
u niversity Press, Princeton, 1994)
96
i
bid.
97
i
bid, 41.
98
Mark e
Warren, eDemocracy and the statef, in John
s
Dryzek, Bonnie
h onig and
a
nne Phillips (eds),
The Oxford Handbook of Political Theory (Oxford
u
niversity Press: Oxford, 2006)
99
s
amuel
s
cheffler, e
ntroductionfinhis
Boundaries and Allegiances: Problems of justice and responsibility
in liberal thought (Oxford university Press, New york, 2001), 4-5. By way of comparison, refer to
Michael sandel, Liberalism and the Limits of Justice (cambridge university Press, cambridge, 1982),
179; Neil Maccormick, eNation and Nationalismf, in his Legal Right and Social Democracy: Essays in
legal and social philosophy (
c
larendon Press, Oxford, 1982), 247-264.
100 i
bid, 5.
101 i
bid.
102 y
ael
amir,
Liberal Nationalism (Princeton
u
niversity Press, Princeton,
103 i
bid, 100-101.