Invited to compare the American and Jewish legal traditions of privacy, Justice Antonin Scalia reached out to criticize the European tradition.
Speaking Wednesday at a conference organized by the Institute of American and Talmudic Law, which is affiliated with the Chabad Lubavitch movement, Scalia argued that, under a proper conception of the judicial role, judges have little to say about privacy. He drew a sharp contrast with the European Court of Human Rights, which has developed an expansive jurisprudence on the right to respect for private life, based on a dynamic interpretation of the European Convention of Human Rights Article 8.
