Libertad Negativa, Autonomia Personal Y Constitucion

Abstract

I inquire about the existence and limits of a moral principle of non-interference with privacy, such that should be constitutionally sanctioned. I evaluate various alternatives of conceptualization and assessment of its ground: Personal autonomy. Those who refuse its value will have defl ationary conceptions of noninterference. But valuing it does not involve a single mode of conceiving it. I assess a broad formulation that is not committed to any conception. Then I present Frankfurt/Dworkińs and Raz's conceptions. For all of them I highlight the consequences that follow concerning the delimitation of the scope of negative freedom, offer a wording of the warranty consistent with each posture and contrast it with hard cases.