Abstract
Warren and Brandeis (W & B) published a paper titled “The Right to Privacy” in 1890, which became a seminal work to establish “the right of privacy as an inviolate personality” and to legislate for it around the world. However, it is sometimes overlooked or neglected in Japan that the same paper posed “property” against “privacy” and investigated the subtle balance between them, using author's right to unpublished work as an example. In and around 1990, there appeared a lot of academic papers to celebrate the hundredth anniversary and to reevaluate the broad scope of W & B's work, among which Post's paper is distinguished. This paper tries to analyze the present value of W & B through the lens of Post.
