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Mark Tunick [47]Mark Evan Tunick [1]
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Mark Tunick
Florida Atlantic University
  1. Tolerant Imperialism: J.S. Mill's Defense of British Rule in India.Mark Tunick - 2006 - Review of Politics 68 (4):586-611.
    Some critics of Mill understand him to advocate the forced assimilation of people he regards as uncivilized, and to defend toleration and the principle of liberty only for civilized people of the West. Examination of Mill’s social and political writings and practice while serving the British East India Company shows, instead, that Mill is a ‘tolerant imperialist’: Mill defends interference in India to promote the protection of legal rights, respect and toleration for conflicting viewpoints, and a commercial society that can (...)
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  2. Can Culture Excuse Crime.Mark Tunick - 2004 - Punishment and Society 6:395-409.
    The inability thesis holds that one’s culture determines behavior and can make one unable to comply with the law and therefore less deserving of punishment. Opponents of the thesis reject the view that humans are made physically unable to act certain ways by their cultural upbringing. The article seeks to help evaluate the inability thesis by pointing to a literature in cultural psychology and anthropology presenting empirical evidence of the influence of culture on behavior, and offering conceptual analysis of the (...)
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  3. Privacy and Punishment.Mark Tunick - 2013 - Social Theory and Practice 39 (4):643-668.
    Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, or (...)
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  4. Hegel on Justified Disobedience.Mark Tunick - 1998 - Political Theory 26 (4):514-535.
    Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, institutions (...)
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  5.  18
    The Need for Walls: Privacy, Community and Freedom in the Dispossessed.Mark Tunick - 2005 - In Laurence Davis & Peter Stillman (eds.), The New Utopian Politics of Ursula K. Le Guin's the Dispossessed. Lanham, MD 20706, USA: pp. 129-48.
    The Dispossessed has been described by political thinker Andre Gorz as 'The most striking description I know of the seductions—and snares—of self-managed communist or, in other words, anarchist society.' To date, however, the radical social, cultural, and political ramifications of Le Guin's multiple award-winning novel remain woefully under explored. Editors Laurence Davis and Peter Stillman right this state of affairs in the first ever collection of original essays devoted to Le Guin's novel. Among the topics covered in this wide-ranging, international (...)
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  6. Should We Aim for a Unified and Coherent Theory of Punishment?Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  7. The Moral Obligation to Obey Law.Mark Tunick - 2002 - Journal of Social Philosophy 33 (3):464–482.
    Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...)
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  8. Privacy in Public Places.Mark Tunick - 2009 - Social Theory and Practice 35 (4):597-622.
    New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in public, (...)
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  9.  14
    Hegel's Political Philosophy.Mark Tunick - 1992 - Princeton University Press.
    Hegel claims that punishment is the criminal's right and makes the criminal free. In critically examining Hegel's justification of legal punishment, the author takes us to the core of Hegel's political philosophy, offering an account of what Hegel means by right and freedom. Drawing on recently published but still untranslated lecture notes of Hegel's philosophy of right, which illuminate Hegel's notoriously difficult texts, the author rejects the commonly taken position that Hegel uncritically accepts existing practices. Acknowledging that Hegel opposes radical (...)
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  10. Does Privacy Undermine Community.Mark Tunick - 2001 - Journal of Value Inquiry 35 (4):517-534.
    Does privacy--the condition of being invisible to public scrutiny--in so emphasizing individual rights, undermine community? One objection to privacy is that it is a license to engage in antisocial activity that undermines social norms. Another objection is that privacy encourages isolation and anonymity, also undermining community. Drawing on the political theory of Hegel, I argue that privacy can promote community. Some invasions of privacy can undermine a sort of autonomy essential for maintaining a community. I also discuss what we need (...)
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  11.  11
    Privacy in the Face of New Technologies of Surveillance.Mark Tunick - 2000 - Public Affairs Quarterly 14 (3):259-277.
    This article addresses the question of whether an expectation of privacy is reasonable in the face of new technologies of surveillance, by developing a principle that best fits our intuitions. A "no sense enhancement" principle which would rule out searches using technologically sophisticated devices is rejected. The paper instead argues for the "mischance principle," which proscribes uses of technology that reveal what could not plausibly be discovered accidentally without the technology, subject to the proviso that searches that serve a great (...)
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  12.  1
    John Stuart Mill and Unassimilated Subjects.Mark Tunick - 2005 - Political Studies 53 (4):833-48.
    Mill's harm principle declares that one's liberty of action may be interfered with by the state only if one has caused harm to others. Cases of culture clash involve unassimilated subjects, be they citizens, aliens, immigrants or national minorities, who violate the law while engaging in a practice that is a prevalent and legitimate part of their native culture or religion and which they do not regard as harmful. A Millian approach to the punishment of unassimilated subjects is explored by (...)
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  13.  18
    Punishment: Theory and Practice.Mark Tunick - 1992 - University of California.
    Unlike other treatments of legal punishment, this book takes both an external approach, asking why we punish at all, and an internal approach, considering issues faced by those 'inside' the practice: For what actions should we punish? Should we allow plea-bargaining? the insanity defense? How should sentencing be determined? The two approaches are connected: To decide whether to punish someone who is 'insane', or who cops a plea, we need to ask whether doing so is consistent with our theory of (...)
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  14.  28
    John Locke and the Right to Bear Arms.Mark Tunick - 2014 - History of Political Thought 35 (1):50-69.
    Recent legal opinions and scholarly works invoke the political philosophy of John Locke, and his claim that there is a natural right of self-defense, to support the view that the 2nd Amendment’s right to bear arms is so fundamental that no state may disarm the people. I challenge this use of Locke. For Locke, we have a right of self-defense in a state of nature. But once we join society we no longer may take whatever measures that seem reasonable to (...)
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  15.  25
    Hegel's Philosophy of Politics. [REVIEW]Mark Tunick - 1994 - The Owl of Minerva 26 (1):65-68.
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  16.  48
    The Scope of Our Natural Duties.Mark Tunick - 1998 - Journal of Social Philosophy 29 (2):87-96.
    The natural duty theory holds that "we have a natural duty to support the laws and institutions of a just state" (Jeremy Waldron). We owe this not because we ever promised to support these laws and institutions, nor because fair play requires we support the cooperative ventures from which we receive benefits. The claim is that we have a general duty to promote institutions that do something justice requires wherever these institutions may be, a duty that does not depend on (...)
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  17. Hegel's Claim About Democracy and His Philosophy of History.Mark Tunick - 2009 - In Will Dudley (ed.), Hegel and History. State University of New York Press.
    Hegel claims democracy is inappropriate for a modern state and offers two justifications: an empirical one focusing on the failure of existing democracies; and a metaphysical one focusing on the inappropriateness for the modern state of the ideal of individual sovereignty that Hegel associates with democracy. This paper shows how Hegel’s discussion of democracy is relevant to the broader interpretive questions of whether Hegel’s understanding of history and of the development of political institutions is truly empirical and whether Hegel accepts (...)
     
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  18.  6
    Entrapment and Retributive Theory.Mark Tunick - 2011 - In Mark White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press.
    I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...)
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  19.  8
    Hegel on Political Identity and the Ties That Bind.Mark Tunick - 2001 - Proceedings of the Hegel Society of America 15:67-89.
    Hegel thinks the state is so important to our identity that we should be willing to give our lives for it. He characterizes the state as our ethical "substance." It is sometimes inferred from this that he thinks members of a modern state form a tightly-knit, culturally and ethnically homogeneous community. A close reading of his texts shows, rather, that Hegel does not think they must be a "community," or of the same race or ethnicity, or speak the same language, (...)
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  20. Acknowledgments.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press.
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  21.  20
    Privacy Rights. [REVIEW]Mark Tunick - 2011 - Social Theory and Practice 37 (3):510-517.
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  22.  3
    Are There Natural Rights?--Hegel's Break with Kant.Mark Tunick - 1994 - In Ardis Collins (ed.), Hegel on the Modern World. SUNY Press.
    Hegel criticizes Kant's categorical imperative and what he takes to be Kant's social contract theory of political obligation, but these criticisms miss the mark, for Kant is not really a consent theorist, nor is his categorical imperative empty. The most distinct break Hegel makes with Kant's philosophy of right is rather his rejection of a theory of natural rights, a theory central to Kant's Metaphysics of Morals. While Hegel offers a theory of natural right in some sense, he does not (...)
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  23.  4
    Brain Privacy and the Case of Cannibal Cop.Mark Tunick - 2017 - Res Publica 23 (2):179-196.
    In light of technology that may reveal the content of a person’s innermost thoughts, I address the question of whether there is a right to ‘brain privacy’—a right not to have one’s inner thoughts revealed to others–even if exposing these thoughts might be beneficial to society. I draw on a conception of privacy as the ability to control who has access to information about oneself and to an account that connects one’s interest in privacy to one’s interests in autonomy and (...)
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  24.  8
    Hegel and the Consecrated States.Mark Tunick - 2013 - In Angelica Nuzzo (ed.), Hegel on Religion and Politics. SUNY Press. pp. 19.
    Edmund Burke characterizes the state as consecrated, or sacred. There is a sense in which Hegel, too, consecrates the state: Hegel says the state is based on religion and that to preserve the state, religion “must be carried into it, in buckets and bushels.” This paper discusses the sense in which Hegel’s state is consecrated by juxtaposing his views with Burke’s. Both Burke and Hegel reject the theory of the divine right of kings, while recognizing religion’s ability to connect people (...)
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  25.  7
    Hegel's Nonfoundationalism: A Phenomenological Account of the Structure of Philosophy of Right.Mark Tunick - 1994 - History of Philosophy Quarterly 11 (3):317 - 337.
    In the Phenomenology Hegel insists there are no presupposed standards of truth: standards are internal. "Consciousness provides its own criterion from within itself, so that the investigation becomes a comparison of consciousness with itself"(PhdG 84). We need only contemplate "the matter in hand as it is in and for itself"(PhdG 84). The Phenomenology is a characterisation of consciousness taking on increasingly adequate forms, testing its own internal standards against experience. The Philosophy of Right is a search for right, not, as (...)
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  26.  2
    The Moral Obligation to Obey Law.Mark Tunick - 2002 - Journal of Social Philosophy 33 (3):464-482.
    Is it always morally wrong to violate a law and in doing so does one necessarily act badly? I argue that whether in breaking a law one acts badly depends on considerations unique to the particular act of lawbreaking. The moral judgment in question is deeply contextual and cannot be settled by appeal to blanket moral rules such as that it is wrong to break (any) law. The argument is made by focusing on the example of a runner having to (...)
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  27.  2
    Are There Natural Rights?Mark Tunick - 1995 - Proceedings of the Hegel Society of America 12:219-235.
    Hegel criticizes Kant's categorical imperative and what he takes to be Kant's social contract theory of political obligation, but these criticisms miss the mark, for Kant is not really a consent theorist, nor is his categorical imperative empty. The most distinct break Hegel makes with Kant's philosophy of right is rather his rejection of a theory of natural rights, a theory central to Kant's Metaphysics of Morals. While Hegel offers a theory of natural right in some sense, he does not (...)
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  28.  2
    Hegel and the Consecrated State.Mark Tunick - 2013 - Proceedings of the Hegel Society of America 21:19-38.
    Edmund Burke characterizes the state as consecrated, or sacred. There is a sense in which Hegel, too, consecrates the state: Hegel says the state is based on religion and that to preserve the state, religion “must be carried into it, in buckets and bushels.” This paper discusses the sense in which Hegel’s state is consecrated by juxtaposing his views with Burke’s. Both Burke and Hegel reject the theory of the divine right of kings, while recognizing religion’s ability to connect people (...)
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  29.  2
    Six. Theory and Practice.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 142-174.
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  30.  2
    Five. Hegel's Immanent Criticism of the Practice of Legal Punishment.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 108-141.
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  31.  1
    Hegel’s Claim About Democracy and His Philosophy of History.Mark Tunick - 2009 - Proceedings of the Hegel Society of America 19:195-211.
    Hegel claims democracy is inappropriate for a modern state and offers two justifications: an empirical one focusing on the failure of existing democracies; and a metaphysical one focusing on the inappropriateness for the modern state of the ideal of individual sovereignty that Hegel associates with democracy. This paper shows how Hegel’s discussion of democracy is relevant to the broader interpretive questions of whether Hegel’s understanding of history and of the development of political institutions is truly empirical and whether Hegel accepts (...)
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  32.  1
    One. Introduction to Hegel's Political Philosophy.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 3-23.
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  33.  1
    Three. Hegel's Conception of Freedom.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 37-75.
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  34.  1
    Two. Hegel's Theory of Legal Punishment: An Overview.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 24-36.
  35. Bibliography.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 175-184.
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  36. Balancing Privacy and Free Speech: Unwanted Attention in the Age of Social Media.Mark Tunick - 2015 - London: Routledge.
    In an age of smartphones, Facebook and You Tube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, I ask whether privacy interests can ever be weightier than society’s interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on (...)
     
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  37. Contents.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press.
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  38. Efficiency, Practices, and the Moral Point of View: Limits of Economic Interpretations of Law.Mark Tunick - 2009 - In Mark White (ed.), Theoretical Foundations of Law and Economics. Cambridge University Press.
    This paper points to some limitations of law and economics as both an explanative and a normative theory. In explaining law as the result of efficiency promoting decisions, law and economics theorists often dismiss the reasons actors in the legal system give for their behavior. Recognizing that sometimes actors may be unaware of why institutions evolve as they do, I argue that the case for dismissing reasons for action is weaker when those reasons make reference to rules of practices that (...)
     
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  39. Four. Recht-an-Sich and the Power That Punishes.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press. pp. 76-107.
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  40. Hegel’s Philosophy of Politics: Idealism, Identity, and Modernity. [REVIEW]Mark Tunick - 1994 - The Owl of Minerva 26 (1):65-68.
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  41. Love and Politics: Re-Interpreting Hegel. [REVIEW]Mark Tunick - 2005 - Clio: A Journal of Literature, History, and the Philosophy of History 35 (1):116-120.
     
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  42. Preface.Mark Tunick - 1992 - In Hegel's Political Philosophy. Princeton University Press.
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  43.  5
    Practices and Principles: Approaches to Ethical and Legal Judgment.Mark Tunick - 1998 - Princeton University Press.
    Are there universally valid moral principles that dictate what's right regardless of what the consensus is within a particular society? Or are moral judgments culturally relative, ultimately dictated by conventions and practices which vary among societies? Practices and Principles takes up the debate between cultural relativists and universalists, and the related debate in political philosophy between communitarians and liberals, each of which has roots in an earlier debate between Kant and Hegel. Rejecting uncritical deference to social practice, I acknowledge the (...)
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  44. Political Identity and the Ties That Bind: Hegel's Practice Conception.Mark Tunick - 2001 - In Robert Williams (ed.), Beyond Liberalism and Communitarianism: Studies in Hegel's Philosophy of Right. SUNY Press.
    Hegel thinks the state is so important to our identity that we should be willing to give our lives for it. He characterizes the state as our ethical "substance." It is sometimes inferred from this that he thinks members of a modern state form a tightly-knit, culturally and ethnically homogeneous community. A close reading of his texts shows, rather, that Hegel does not think they must be a "community," or of the same race or ethnicity, or speak the same language, (...)
     
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  45. Privacy in Public Places: Do GPS and Video Surveillance Provide Plain Views?Mark Tunick - 2009 - Social Theory and Practice 35 (4):597-622.
    New technologies of surveillance such as Global Positioning Systems (GPS) are increasingly used as convenient substitutes for conventional means of observation. Recent court decisions hold that the government may, without a warrant, use a GPS to track a vehicle’s movements in public places without violating the 4th Amendment, as the vehicle is in plain view and no reasonable expectation of privacy is violated. This emerging consensus of opinions fails to distinguish the unreasonable expectation that we not be seen in public, (...)
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  46. Privacy Rights: Moral and Legal Foundations. [REVIEW]Mark Tunick - 2011 - Social Theory and Practice 37 (3):510-517.
    Review of Adam Moore's book Privacy Rights.
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  47. Review: Thom Brooks: Hegel's Political Philosophy: A Systematic Reading of the Philosophy of Right. [REVIEW]Mark Tunick - 2009 - Mind 118 (470):449-453.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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