This Article proposes an explanation for the special place of the home by surveying the development of privacy jurisprudence and grounding that development in our political tradition. Our earliest conception of rights began with a kind of home protection. But then there was a crucial shift into the abstract realm of privacy. Legal home protection has evolved beyond a ceasefire between state and citizen. Where before it was enough to stay the government’s intrusion into the home, there is today a recognition of the value of the intimate association of free individuals and the trust in government which arises from the respect shown that intimate association.
Domestic Tranquility: The Goals of Home Protection,
S. Ill. U. L.J.
Available at: https://opensiuc.lib.siu.edu/siulj/vol39/iss1/2