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What Do Privacy Scholars Maximize? Law as a Practice and Law as a Science

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Abstract

Ignacio Cofone’s book “The Privacy Fallacy” is the starting point for a methodological discussion about how the notion of privacy is approached by law. It is distinguished between law as a practice and law as science. The first is a technique of conflict resolution, while the latter derives empirically testable hypotheses from a theory. In “The Privacy Fallacy” we find both. Epistemological problems arise when the two approaches are not analytically separated.
Original languageEnglish
Pages (from-to)1-9
Number of pages9
JournalEuropean Journal of Privacy Law and Technologies
Issue numberSpecial Issue
Publication statusPublished - 2025

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