 |
English
|
正體中文
|
简体中文
|
Post-Print筆數 : 27 |
Items with full text/Total items : 113484/144471 (79%)
Visitors : 51394797
Online Users : 341
|
|
|
Loading...
|
Please use this identifier to cite or link to this item:
https://nccur.lib.nccu.edu.tw/handle/140.119/78404
|
| Title: | Privacy and the New Legal Paradigm: Tradition and Development in Taiwan |
| Authors: | Chen, Chi-shing
陳起行 |
| Contributors: | 法律系 |
| Date: | 2012-01 |
| Issue Date: | 2015-09-14 15:44:31 (UTC+8) |
| Abstract: | The right to privacy is relatively new but has ever increasing importance. Different approaches toward its protection do exist at the moment; however, they all face challenges due to rapid technological and global changes. This article presents an idea of a new legal paradigm and its application in privacy protection. This legal paradigm gives equal attention to the forming of state-made law and social norms. It also emphasizes the cooperative relationship between the two lawmaking efforts. The new legal paradigm requires a shift from the traditional internal legal point of view, which overlooks the importance of social normative formation. Such a shift, however, may not be equally difficult in the Chinese-speaking world, where social norms derived from efforts searching for proper relationship among different roles in a society have long been the teaching of the Confucian school. Within the Confucian teaching, this article searches for the traditional Chinese idea of privacy and how it is placed in a series of self-cultivation needed to bring order to the societies, following with a preliminary sketch of the current development of privacy protection in Taiwan to demonstrate its distinctiveness under such Confucian influence, i.e., emphasizing private ordering much more than legislative and administrative lawmaking. Since the success of the Taiwanese approach, or all future successful privacy protection, requires public spheres where concerns of different stakeholders can be reflected and dealt with, this article ends with a critical description of the development of the new research area, i.e., e-participation, and suggests how e-participation can be benefited by the idea of the new legal paradigm. |
| Relation: | Review of Policy Research, 29(1), 119-130 |
| Data Type: | article |
| DOI 連結: | http://dx.doi.org/10.1111/j.1541-1338.2011.00540.x |
| DOI: | 10.1111/j.1541-1338.2011.00540.x |
| Appears in Collections: | [法律學系] 期刊論文
|
Files in This Item:
| File |
Description |
Size | Format | |
|---|
| 119-130.pdf | | 95Kb | Adobe PDF2 | 863 | View/Open |
|
All items in 政大典藏 are protected by copyright, with all rights reserved.
|
著作權政策宣告 Copyright Announcement1.本網站之數位內容為國立政治大學所收錄之機構典藏，無償提供學術研究與公眾教育等公益性使用，惟仍請適度，合理使用本網站之內容，以尊重著作權人之權益。商業上之利用，則請先取得著作權人之授權。
The digital content of this website is part of National Chengchi University Institutional Repository. It provides free access to academic research and public education for non-commercial use. Please utilize it in a proper and reasonable manner and respect the rights of copyright owners. For commercial use, please obtain authorization from the copyright owner in advance.
2.本網站之製作，已盡力防止侵害著作權人之權益，如仍發現本網站之數位內容有侵害著作權人權益情事者，請權利人通知本網站維護人員(
nccur@nccu.edu.tw)，維護人員將立即採取移除該數位著作等補救措施。
NCCU Institutional Repository is made to protect the interests of copyright owners. If you believe that any material on the website infringes copyright, please contact our staff(
nccur@nccu.edu.tw). We will remove the work from the repository and investigate your claim.
