Možnost využití ekonomické analýzy jako aplikačního a interpretačního nástroje v oblasti práva na soukromí a ochrany osobnosti

Monček, Vladimír

The possibility of using law & economics as a tool for application and interpretation in the field of right to privacy and personality rights Abstract This thesis is focused on the area of economic analysis of law (law & economics) and it is based on an assumption that law & economics is a suitable addition to other methods of interpretation, especially as a part of purposive interpretation. We apply economic analysis to the field of privacy and personality rights, especially intrusion into privacy by libel, or slander. In other words, we use law & economics to help solve conflict between privacy rights and free speech rights. The thesis has six main parts. In introduction (part 1) we discuss reasons for the choice of this topic and formulate hypothesis, which is: (i) that law & economics can help distinguish which situations are covered by privacy rights protections, (ii) that using law & economics one can valuate privacy and therefore estimate damages for infringement of privacy rights and (iii) law & economics is capable of estimating pecuniary damages for infringement of personality rights. In the second part we focus on history of privacy rights in the United States from its humble beginnings in an academic paper by Samuel Warren and Louis Brandeis to its modern iterations, such as reproductive rights...

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