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Public Private Dichotomy

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The subject of privacy has been a divisive issue throughout history. The public/ private distinction originated out of individuals desire to set boundaries for private and public spheres. The idea behind the public/private distinction is that the law should enhance the public good, while respecting and creating a balance for private liberty. Out of this distinction, various issues on ones natural rights and the responsibility of the law to protect these rights both in the private and public have been raised. The feminist movement and housing rights have been directly impacted negatively by the public/private dichotomy and the separation of the two realms. In these two movements, and many other campaigns, the public/private separation has placed …show more content…
A clear example of women’s exclusion from the public realm was the denial to vote. It's significance grew, once women saw other excluded groups, gaining this right and access to the public. White males, no matter their status had gained the right to vote and soon after the same entry into the public was granted to Black men (Taub and Schneider, 329.) Despite, gaining the right to vote with the nineteenth amendment in 1920, the exclusion of women continued. In 1961, whilst they were able to vote they were unable to register for jury …show more content…
In the past, the law has regulated certain aspects of the private sphere, for example, barring women from birth control, the Supreme Court decision in the 1973 case of Roe v. Wade – which legalized abortion, and other choices concerning their bodies. The law has been selective in its participation in the private domain. Refusing to interfere in family relations. Tort law, which falls under private, has always withdrew from matters within the private realm. Thus, under the doctrine of interspousal and parent-child immunity, the courts consistently rejected compensation to the victims of family disputes (Taub and Schneider,

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