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Lookup NU author(s): Dr Patrick O'Callaghan
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This article argues that the English law of privacy lacks a clear sense of purpose and this can partly be attributed to an overreliance on “Strasbourg-speak”. It examines the European Court of Human Rights' confused and sometimes contradictory interpretation of the content of Art 8 of the European Convention on Human Rights and compares this to the German law on privacy, which is invested with a readily intelligible sense of purpose. The article argues that English courts should draw upon their rich common law culture and comparative law, particularly German law, to identify a clearer set of relevant principles so that the law's addressees know how to “go on” (in Wittgenstein’s sense).
Author(s): O'Callaghan P
Publication type: Article
Publication status: Published
Journal: Tort Law Review
Year: 2009
Volume: 17
Issue: 2
Pages: 100-113
ISSN (print): 1039-3285
Publisher: Lawbook Co.
URL: http://ssrn.com/abstract=1484656