The Right To Privacy 'And Brandeis Five Myths'

1231 Words5 Pages

Regardless of the genre, authors write because they have an exigency, or an urgency that motivates them to make their claim. For instance, law reviews and op-eds (“opposite the editorials”) are both genres that provide new information and new perspectives on a certain subject to the readers. However, there are major differences in what readers acquire from these papers, as demonstrated by examining Warren and Brandeis’s “The Right to Privacy” and Solove’s¬ “Five Myths”. Both of these pieces tackle the issue of privacy. In essence, Warren and Brandeis’s piece examines laws and social situations to claim that the right to privacy has been applied in court under the clause of trust and implied contract. Solove’s “Five Myths” addresses common …show more content…

In the “Right to Privacy”, Warren and Brandeis primarily analyze Supreme Court rulings and specific situations where people’s privacy has been violated. This is to give their audience, who are mainly lawyers and lawmakers, concrete evidence and information, so that they understand the main claim that the author has asserted. For instance, Warren and Brandeis discuss cases such as Abernethy v. Hutchinson (1825), where the ground of implied contract was established. The authors of this piece incorporate this information to examine how Hutchinson, a student who recorded all the lectures, attempted to sell the lecture notes he took while listening to professor’s Abernethy’s lectures. Warren and Brandies use this case to demonstrate how the term privacy has been called under the ground of implied contract and confidentiality since the court concluded that students couldn’t publish lectures for profit because it is considered “breach of trust, confidence, or contract” (Brandeis, 208). Solove, however, uses very contemporary and straightforward examples to relate to his stakeholders. In “Five Myths of Privacy”, Solove discusses the NSA controversy and other government actions. Solove’s audience can connect with more readily with these examples since the general public, his audience, have a rudimentary understanding of all of these events. For instance, a myth that Solove …show more content…

There exigencies vary because Warren and Brandeis aim to change the manner in which privacy is addressed in various social situations and how the judicial systems protect violations against privacy, while Solove intends to make himself distinguished and well known in the field of privacy. These authors accomplish their exigencies by choosing places of publication that allow the authors to target a specific audience, and then relate with this audience by choosing specific types of evidence which support the authors’ main claim and the exigency. In turn, this demonstrates how genre impacts the information a reader can obtain and the interpretation that the reader makes. By analyzing the motives that the author has to write a piece, readers will get a better understanding of the piece by becoming aware of biases that the author may impose. In the case of law reviews, the readers obtain a large amount of information on how laws and situations “should be” evaluated in the judicial system by examining court rulings since the author would like to give the reader a different perspective. The readers of Op-eds, on the other hand, tend to receive a very basic understanding of the main topic since the author is typically writing for ulterior motives, such as to bolster him or