origin of the phrase: the right to privacy

Dennis Baron debaron at ILLINOIS.EDU
Thu Jan 27 23:31:08 UTC 2011


And thx to Google Bks I found "right of privacy" as early as 1833, in Wm. Carpenter. The Political Text-Book. London, p.. 37
____________________
Dennis Baron
Professor of English and Linguistics
Department of English                    
University of Illinois 
608 S. Wright St.
Urbana, IL 61801                                               

office: 217-244-0568
fax: 217-333-4321

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On Jan 27, 2011, at 5:22 PM, Baker, John wrote:

> ---------------------- Information from the mail header -----------------------
> Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
> Poster:       "Baker, John" <JMB at STRADLEY.COM>
> Subject:      Re: origin of the phrase: the right to privacy
> -------------------------------------------------------------------------------
> 
>        However, it should be noted that the collocation "right to X,"
> where X is something that might reasonably be the subject of a right, is
> not exactly novel in legal usage.  I think it's fair to say that "right
> to privacy" was not an established phrase in 1890, and I'm not 100%
> certain it's an established phrase today, as opposed to a non-fixed and
> fully transparent collocation such as "English law" or "earliest cases."
> For what it is worth, the earliest cases tended to say "right of
> privacy" rather than "right to privacy."
> 
> 
> John Baker
> 
> 
> -----Original Message-----
> From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On Behalf
> Of Dan Goncharoff
> Sent: Thursday, January 27, 2011 4:57 PM
> To: ADS-L at LISTSERV.UGA.EDU
> Subject: Re: origin of the phrase: the right to privacy
> 
> The phrase existed in English law before the Harvard Law Review used it.
> 
> JONES v. TAPLING. July 12. 1862
> Cases argued and determined in the Court of Common Pleas and in ...,
> Volume 12
> http://books.google.com/books?id=PkMwAAAAIAAJ&dq=%22right%20to%20privacy
> %22&pg=PP1#v=onepage&q=%22right%20to%20privacy%22&f=false
> "...the law does not protect the right to privacy, as it does that to
> light and air."
> 
> On Thu, Jan 27, 2011 at 4:11 PM, Dennis Baron <debaron at illinois.edu>
> wrote:
>> ---------------------- Information from the mail header
> -----------------------
>> Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
>> Poster:       Dennis Baron <debaron at ILLINOIS.EDU>
>> Subject:      origin of the phrase: the right to privacy
>> 
> ------------------------------------------------------------------------
> -------
>> 
>> Did the phrase "the right to privacy" originate with the essay of that
> =
>> name by Samuel Warren and Louis Brandeis in the Harvard Law Review of
> =
>> 1890? An OED search for the phrase yields that article as the earliest
> =
>> cite. I'm teaching the article in my Language and Law class next week,
> =
>> and I am curious to know if the phrase antedates that often cited =
>> article? (I wouldn't be surprised if it does.)
>> 
>> 
>> ____________________
>> Dennis Baron
>> Professor of English and Linguistics
>> Department of English                   =20
>> University of Illinois=20
>> 608 S. Wright St.
>> Urbana, IL 61801                                              =20
>> 
>> office: 217-244-0568
>> fax: 217-333-4321
>> 
>> http://www.illinois.edu/goto/debaron
>> 
>> read the Web of Language:
>> http://www.illinois.edu/goto/weboflanguage
>> 
> 
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