The former consensus stipulating the singularity and incomprehensibility of Nazism and the "Final Solution" has been challenged in recent years from two perspectives. Microhistorical works and studies of poststructuralist orientation have emphasized the normal and ordinary aspects that link Nazism and the Holocaust to the postwar period. Both approaches differ in their understanding of the concept of historical truth, but together they stress the need for close-range, contextualist methods for studying the emergence of the "Final Solution" and the development of (...) its representation and memorialization since 1945. This paradigmatic change in the perception of Nazism from an exceptional to an exemplary event apparent in recent scholarship in the United States follows similar developments in Germany. In both countries the rejection of the concept of singularity and the use of contextualist methods developed as a result of a more general generational transformation. Younger scholars born after World War II seek to integrate Nazism within its wider historical context and use knowledge about Nazism and the "Final Solution" as a key to better understanding of the modern era and contemporary societies, a project hitherto discouraged by the notion of Nazism's exceptionality. (shrink)

I argue that the exception must be a legitimate possibility within law as a revolutionary project, in much the same way that civil disobedience is. In this sense, the exception is not outside law if by "law" we mean not positive law as defined by extant legal documents (statutes, legislative committee reports, written judgments, etc.) but law as a living tradition consisting of both abstract norms and a concrete historical understanding of them. So construed, the exception is (...) what can be exemplary - a law unto itself that best interprets and creatively extends (and transcends) the law that already exists, in order to make it inclusive of the other. In the final analysis, immigration law forces us to consider both the concrete individuality and abstract humanity of refugees, asylum seekers and other homeless persons who have been displaced by global economic underdevelopment. When combined with the "statelessness" of desperate classes of immigrants, this fact about immigration law reveals a revolutionary possibility for future development and perfection leading to its own transcendence: from an inhospitable immigration law that is administered exclusively by the nation state to a cosmopolitan law of universal citizenship under the auspices of a global human rights regime. (shrink)

There has been a resurgence of interest in cosmopolitanism in contemporary political theory, based upon the hopeful premise that it heralds an ameliorative response to the malignity of sovereignty's lack and the treacherous violence of sovereignty's excess. The promise of cosmopolitanism inheres in the claim that state sovereignty is and should be supplemented by an international system backed by the legitimacy of international law, grounded in the sovereignty of human rights. Drawing upon Foucault and Agamben, my argument in this (...) essay is that the laudable endeavour of liberal cosmopolitans is flawed in two ways: first, cosmopolitanism cannot escape sovereign violence, because it cannot escape sovereignty; and second, cosmopolitans misconstrue the composition of the very sovereignty they aim to escape. This means that cosmopolitan theorists are unable to identify cosmopolitan practices of sovereignty that also entail forms of violence: cosmopolitan exception. Cosmopolitan exception denotes violent sovereign practices that cannot be differentiated from the protection of rights. (shrink)

Interest in home birth appears to be growing among American women, and most obstetricians can expect to encounter patients who are considering home birth. In 2011, the American College of Obstetricians and Gynecologists (ACOG) issued an opinion statement intended to guide obstetricians in responding to such patients.In this article, I examine the ACOG statement in light of the historical and contemporary clinical realities surrounding home birth in the United States, an examination guided in part by my own experiences as an (...) obstetrician in home-birth-friendly and homebirth-unfriendly medical milieus. Comparison with other guidelines indicates that ACOG treats home birth as an ethical exception: comparable evidence leads to strikingly different recommendations in the case of home birth and the case of trial of labor following a prior cesarean; and ACOG treats other controversial issues that involve similar ethical questions quite differently.By casting the provision of information as not just the primary but the sole ethical responsibility of the obstetrician, ACOG statement obviates obstetricians’ responsibilities to provide appropriate clinical care and to make the safest possible clinical environment for those mothers who choose home birth and for their newborns. What, on its face, seems to be a statement of respect for women’s autonomy, implicitly authorizes behaviors that unethically restrain truly autonomous choices. Obstetricians need not attend home births, I argue. Our ethical duties do, however, oblige us (1) to refer clients to skilled clinicians who will attend home birth, (2) to continue respectful antenatal care for those women choosing home birth, (3) to provide appropriate consultation to home birth attendants, and (4) to ensure that transfers of care are smooth and nonpunitive. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Exception or EkklesiaSolution to a Girardian Dead EndAnthony Bartlett (bio)The 2023 Colloquium on Violence & Religion conference held in Paris on the centenary of Girard's birth had as its theme "The Future of Mimetic Theory," suggesting both taking stock and a forward perspective. Lucid historical moments do not coincide necessarily with centenaries, but the pressures of our present time are great and the prompt of a hundred-years anniversary (...) marks an opportune point to take a reckoning in a certain crucial aspect. This aspect—which presents at the moment as a kind of practical and theological impasse—has always been there, but the centennial inflection serves to lift it to deserved prominence as a central, if neglected, issue of the Girardian world-disclosure. I was struck at the conference by what seemed to me the profound inadequacy of a conversation that seemed to hasten on—by passivity of response—the very horror it discloses. The often-voiced complaint that Girard lacks the full academic recognition that is his due should perhaps be inverted as the absence of the theological breakthrough that will carry mimetic theory to the epochal value that its analysis truly calls for. [End Page 129]The collection of essays edited by Robert Hamerton-Kelly and entitled Politics and Apocalypse was published by Michigan State University Press in 2007, the same year Girard's final book came out in its initial French, Achever Clausewitz, later translated and published in English as Battling to the End (2008).1 In many ways this collection serves as prologue for the dramatic statement that Achever/Battling was to represent, and it provides essential context for that climactic book of Girard's career. The essays were actually papers delivered at a conference in Stanford, California, in 2004, a select affair as Hamerton-Kelly's preface tells it—a group of eight participants conversing over a period of six days to give the opportunity for a "leisurely" conversation. The conference took place against the feverish background of post-9/11 politics under the George W. Bush administration. Hamerton-Kelly quotes affirmingly from Peter Thiel's essay in the book, "The brute facts of September 11 demand a reexamination of the foundations of modern politics."2 As such, the papers probably represent a high-water mark of Girardian reflection on the possibility of politics in the light of mimetic crisis and analysis. Girard's conversations with Benoît Chantre, which were to become the content of Achever Clausewitz, were likely happening concurrently, or perhaps realized soon after the Stanford conference. Girard's own piece in the Stanford collection gives little hint of the Achever tone and content—it is in fact a tour de force exegesis of the gospels, displaying their unique clarity in revealing the foundational victim of culture—so the feeling must be that Girard was keeping his revelatory powder dry for his final book. While the other contributors were hotly preoccupied with questions of political theology, especially as developed by the twentieth-century theorists Carl Schmitt and Leo Strauss, Girard, with Chantre, focuses almost solely on the nineteenth-century theoretician of war, Clausewitz, and with that a version of biblical apocalyptic within the determining framework of mimetic theory. In effect, Girard sidesteps political theology and heads, as he sees it, to the heart of New Testament revelation. As may often be the case with Girard, attempts by collaborators to frame him within more standard theological and intellectual contexts were ever exceeded by the original thinker's more daring and provocative biblical vision.Carl Schmitt was a German jurist (and prominent member of the Nazi party) who argued the necessity of the friend–enemy distinction for the cohesion of a given society or state. In his paper for the conference, Wolfgang Palaver devotes considerable space to Schmitt, demonstrating his proximity in certain respects to mimetic theory. Palaver quotes a letter from Leo Strauss to Schmitt summarizing the latter's viewpoint: "The ultimate foundation of the Right is the principle of the natural evil of man; because man is by nature evil, he therefore [End Page 130] needs dominion. But dominion can be established, that is, men can be unified, only... (shrink)

Semantic dispositionalism is roughly the view that meaning a certain thing by a word, or possessing a certain concept, consists in being disposed to do something, e.g., infer a certain way. Its main problem is that it seems to have so many and disparate exceptions. People can fail to infer as required due to lack of logical acumen, intoxication, confusion, deviant theories, neural malfunctioning, and so on. I present a theory stating possession conditions of concepts that are counterfactuals, rather than (...) disposition attributions, but which is otherwise similar to inferentialist versions of dispositionalism. I argue that it can handle all the exceptions discussed in the literature without recourse to ceteris paribus clauses. Psychological exceptions are handled by suitably undemanding requirements (unlike that of giving the sum of any two numbers) and by setting the following two preconditions upon someone’s making the inference: that she considers the inference and has no motivating reason against it. The non-psychological exceptions, i.e., cases of neural malfunctioning, are handled by requiring that the counterfactuals be true sufficiently often during the relevant interval. I argue that this accommodates some important intuitions about concept possession, in particular, the intuition that concept possession is vague along a certain dimension. (shrink)

There has recently been an expansion of anti-abortion measures in the United States. Within these various measures there is a divide over certain exceptions: some States permit abortion for pregnancies caused by rape while other States do not. This paper explores the underlying moral justification for such exceptions. I argue that within the dominant moral framework for reproductive ethics these exceptions are incoherent by their own lights. But this is not a defense of an exceptionless anti-abortion position. Rather, because the (...) typical way of making such exceptions is incoherent, this shows why the anti-abortion movement is dangerous: as these incoherencies are acknowledged, this may lead to ever stricter measures being put in place. I end by suggesting that those who are sympathetic to these exceptions should find it easier to move to a pro-choice position rather than to a more extreme, exceptionless one. (shrink)

ExcerptWalter Benjamin's famous statement in the eighth of his “Theses on the Philosophy of History,” that “the state of [exception] in which we live is not the exception but the rule,”1 has become as normalized as its proposition asserts. Few turns of phrase have become as easily convertible, turning the “special property” (of the definition of a Greek idioma) through collocation into an implicit signified conventionalized by common usage. In the phrases turning on the elements “the (...) class='Hi'>exception” and “the rule,” the antonyms are being assimilated to each other, neutralizing their oppositional relation—not as a matter of a mystical “attraction…. (shrink)

Non-uniformed combat morally infringes on civilians’ fundamental right to immunity and exacts an impermissible form of unofficial conscription that is morally prohibited even if the civilians knowingly consent to it. It is often argued that revolutionary groups burdened by resource disparities relative to the state or who claim alternative sources of political legitimacy (such as national self-determination or the constitution of a political collective) are justified in using unconventional tactics such as non-uniformed combat. Neither those reasons nor the provision (...) of public goods, however, are sufficient to justify such rights violations and this form of conscription, and it calls into question the suitability of current international legal protections for the non-uniformed. (shrink)

Carl Schmitt and Leo Strauss are undoubtedly two of the most influential and radical conservative critics of liberalism of our century. Their work takes aim at the heart of liberalism: it questions the consistency of liberalism’s theologico-political ground, namely, the separation of church and state. They take exception to the neutrality of the liberal state with respect to matters of faith on the ground that such neutrality betrays a lack of absolute moral commitments and places liberalism in (...) a chronic crisis of legitimacy. Schmitt advances his critique of liberalism from the standpoint of political theology. This discourse claims that the political state is authoritative in virtue of its capacity to equate the individual decision of whether or not to obey unconditionally a given legal order with the absolute decision between good and evil, to which the individual has access only through religious faith. Whether the standpoint of Strauss’s critique falls within the purview of political theology is one of the questions that will be discussed in this review. More importantly, their respective critiques of liberalism raise the topical question of the nature of the relation between liberalism and politico-religious fundamentalism. (shrink)

Abortion is now "banned" in fourteen US states. Fetal personhood—the notion that fetuses should be considered equal persons—has been invoked in many anti-abortion laws. Yet none of the states actually ban abortion completely. Some states allow exceptions in cases of rape or incest, and at the very least, every state so far permits abortion if the pregnancy threatens the life of the pregnant person. However, it is impossible to uphold the validity of these exceptions while maintaining a position of (...) legal equality between fetuses and pregnant people. The authors argue that this logical inconsistency should persuade supporters of near-total abortion bans to abandon their position entirely. (shrink)

This article explores the political potential of Kierkegaard's Repetition and develops a model of non-sovereign agency by analysing the figure of the ‘young man’, the main protagonist of the book. A curious reference in Schmitt's Political Theology serves as a cue for exploring Repetition through contrast with Schmitt's notions of sovereignty, decision and exception, as well as his critique of occasionalism in Political Romanticism. As in the case of Schmitt's sovereign, the young man's conflict is centred on the question (...) of the exception. But by contrast to the former, the young man struggles with the exception from a position of opposition to the powers that govern. Furthermore, the exception in Repetition does not seek to stabilise a given order in the face of a threat, but, rather, to destabilise and transform order. The perspective offered facilitates a shift from thinking the exception as a state of exception, a concept that mostly concerns state politics, to an exception from the state. Kierkegaard's Repetition is thus shown to be relevant for conceptualising transformative agency from a position of marginalisation and exclusion from the hegemonic political order. (shrink)

This letter responds to the article “Beneath the Sword of Damocles: Moral Obligations of Physicians in a Post-Dobbs Landscape,” by Anne Drapkin Lyerly, Ruth R. Faden, and Michelle M. Mello, in the May-June 2024 issue of the Hastings Center Report.

Many political theorists have turned to the dramatic political events of the post-9/11 world – terrorism, war, and the erosion of civil liberties – for insight into our changing sense of the political. Yet few have examined the economic dimensions of these events or sought to learn what they might tell us about the changing nature of political community today. This article seeks to fill this gap by drawing on the work of Michel Foucault and Georgio Agamben to examine the (...) intimate and changing relationship between the political and the economic in the contemporary world. Now more than ever, there is a particular conception of politics at stake in global efforts to govern economic relations. Global economic institutions like the IMF and World Bank are policing the definition of political community and, in doing so, extending the scope of liberal governmentality. At the same time, the character of their implementation and justification is that of the sovereign exception, as state autonomy must continually be breached through extensive conditionality in order for it to be re-established in the form of a more ‘sound’ political and economic order. This is a sovereign exception with a difference: for the norm that is being established is one that necessarily limits the scope of sovereign power in the interests of market freedom. Paradoxically, while the economy is often the exception to politics as usual, is it an exception that simultaneously enables and constrains the possibility of exercising sovereignty itself? (shrink)

ABSTRACT Carl Schmitt is generally considered as the father of exceptionalism – the theory that the heart of politics lies in the sovereign power to issue emergency measures that suspend everyday normality. This is why his name comes up anytime state governments, whether liberal or not, impose limits on constitutional rights and freedoms to cope with emergencies. This article problematises such a received understanding. It argues that Schmitt held an exceptionalist view for a limited period of time and that (...) even in that period his thinking cannot be regarded as unshakably exceptionalist. This interpretation offers a new entry point to Schmitt’s overall theory. While it can hardly be defended from allegations of reactionary conservatism, it remains a juristic theory of the legal order that tries to answer the question of what ensures the stability of social life. The backdrop of this view is an institutional theory of law and politics that is hardly reconcilable with any form of exceptionalism. In this light, the core of Schmitt’s thinking turns out to be the exaltation of legal science as a jurisgenerative practice that shelters a community’s institutional practices and the traditional identity. (shrink)

Susanna Rinard has recently offered a new argument for pragmatism and against evidentialism. According to Rinard, evidentialists must hold that the rationality of belief is determined in a way that is different from how the rationality of other states is determined. She argues that we should instead endorse a view she calls Equal Treatment, according to which the rationality of all states is determined in the same way. In this paper, I show that Rinard’s claims are mistaken, and that evidentialism (...) is more theoretically virtuous than its opponents sometimes give it credit for. Not only does evidentialism not make an exception for belief, but it fits naturally into a unified, explanatorily powerful account of the rationality of intentional mental states. According to such an account, the rationality of all intentional mental states, including belief, is determined by the right kind of reasons for those states. Since the right kind of reasons for belief just are evidential considerations, this unified account entails evidentialism. I conclude, contra Rinard, that evidentialism can be situated within a general account of rationality that is at least as theoretically virtuous as pragmatism, if not more so. (shrink)

This paper defends a principle I call Equal Treatment, according to which the rationality of a belief is determined in precisely the same way as the rationality of any other state. For example, if wearing a raincoat is rational just in case doing so maximizes expected value, then believing some proposition P is rational just in case doing so maximizes expected value. This contrasts with the popular view that the rationality of belief is determined by evidential support. It also (...) contrasts with the common idea that in the case of belief, there are two different incommensurable senses of rationality, one of which is distinctively epistemic. I present considerations that favor Equal Treatment over these two alternatives, reply to objections, and criticize some arguments for Evidentialism. I also show how Equal Treatment opens the door to a distinctive kind of response to skepticism. (shrink)

The Covid-19 pandemic has created a ‘perfect crisis’ that combined health, ecological and economic crises, resulting in the death of millions of people and the unemployment of others. While states took extraordinary measures to manage the crisis, social scientists tried to make sense of this situation. Early in the pandemic, Italian philosopher Giorgio Agamben controversially claimed that states were instrumentalizing the disease to proclaim, “an authentic state of exception”. This study contributes to the criticisms of Agamben through a (...) critical rereading of German legal theorist, Carl Schmitt. The main argument is that Agamben’s approach to the pandemic is too strongly social constructivist, over-philosophical, over-political and a-historical due to his general philosopho-political project. Agamben’s decisionist and over-political approach is derived from his use of Schmitt’s problematic concept of the “state of exception”. However, Agamben’s use is even more problematic because he uses it to analyze various political developments ahistorically, which obliviates the concept’s analytical consistency. (shrink)

Much discourse on school shootings tends to imply a binary separation between what is considered normal and exceptional, between an expected course of human events and sociohistorical aberrations. In this article Harvey Shapiro suggests the need for new directions in our responses: First, he shows how responses to school shootings tend to expropriate and dismiss certain kinds of violence in order to articulate a vision of the self as sovereign, exerting power over bodily life, exercising a self-removal from community conversations, (...) and thus claiming what Giorgio Agamben and others call the “sovereign exception.” Second, he suggests how Agamben's development of Walter Benjamin's concept of “divine violence” can unmask prevailing states of exception and can inform education's efforts to challenge binaries of good and evil, urban and suburban, individual and community, justice and law, normal and exceptional, that confound our deliberations and long-term responses to mass shootings. (shrink)

The war against terrorism enables the implementation of techniques of exception at all stages of judicial proceedings in criminal cases, front the initiation of a lawsuit to the verdict. It thus puts into question the constitutional mechanisms intended for the protection of privacy. The type of incrimination specific w the accusation of terrorism has created a specifically political crime, i.e., the intention to exert art inappropriate form of pressure on a government or an international organization. It serves as the (...) means for a preventive attack on any process of class recomposition. We thus are witnessing a suspension of the law, which is paradoxically inscribed within the law and belongs to a new legal or juridical order. This amounts to the end of the twofold dimension of the Western legal system as we have known it, namely, the separation between rule of law within and pure violence on the external level. The present imperial organization knowns no externality pure violence has been reinserted at its heart and now belongs to the rule of law. Hence the State of exception as the form of government of the Empire appears above all to be a transitional phase, a tool in the process of installing a more stable form: dictatorship. The end of the formal separation of powers as well as the legal prerogatives appropriated by the executive branch show that this process is well underway. (shrink)

À partir du thème élaboré par Hobbes de la nécessité d'un passage de la multitude au peuple pour fonder l' État absolu, Giorgio Agamben se demande si l'on peut penser la puissance humaine à partir de la seule « gloire » de Dieu, c'est-à-dire de l'affirmation absolue de son impuissance. L'originalité d' Agamben est de faire de cette notion théologique un paradigme politique dérivé des notions juridiques d'Homo sacer et de sacratio. Starting from the theme elaborated by Hobbes of the (...) necessity of a passage from the multitudes to a people to permit the foundation of an Absolute state, Giorgio Agamben wonders whether one may establish human power from the starting point of God's "glory" alone, i.e. the absolute affirmation of His powerlessness. Agamben 's originality rests in turning such a theological notion into a political paradigm derived from the legal notions of both Homo sacer and sacratio. (shrink)

In their classic study of differences in mating strategies, Clark and Hatfield (1989, Journal of Psychology and Human Sexuality, 2, 39–54) found that men and women demonstrated a striking difference in interest in casual sex. The current study examined the role of an imagined requestor’s physical attractiveness (slightly unattractive, moderately attractive, and exceptionally attractive) on men’s and women’s willingness to accept three different requests (go out, come to apartment, go to bed) as reflected in answers to a questionnaire. We tested (...) two hypotheses with a sample of 427 men and 443 women from three countries. Hypothesis 1 states that men, relative to women, will demonstrate a greater willingness to accept the “come to apartment” and “go to bed” requests but not the “go out” request for all three levels of requestor attractiveness. This hypothesis reflects Clark and Hatfield’s main findings. Hypothesis 2 states that the physical attractiveness of a potential partner will have a greater effect on women’s than on men’s willingness to accept all three requests, and particularly for the explicit request for casual sex. The results partially supported Hypothesis 1 and fully supported Hypothesis 2. The discussion highlights limitations of the current research and presents directions for future research. (shrink)

There has been little considered reflection by Catholic theologians on the concepts of gender identity, gender dysphoria and gender transition. Seeking inspiration in the Scriptures, some Catholic thinkers have interpreted the first three chapters of Genesis and especially the text ‘male and female he created them’ (Gen. 1:27) as requiring all human beings to live in the gender role congruent with their biological sex, and have viewed the biology of sex as self-evident. This article argues that these chapters constitute an (...) appropriate locus for reflection on theological anthropology but that they need to be taken together with other texts and especially with the explicit teaching of Jesus Christ. In the Gospel according to Matthew, the one occasion in which Jesus invokes this passage from Genesis is when he draws attention to exceptional examples in nature and, in a striking phrase, states that some ‘have made themselves eunuchs for the sake of the kingdom of heaven’ (Matt. 19:12). If the Genesis text is interpreted in the light of the words of Christ, the binary division of the sexes, while ordained by God and the basis for a vocation to marry and procreate, admits of exceptions both natural and supernatural. (shrink)

Many of the United States’ allies are reluctant to cooperate with and participate in military actions that cannot be justified under international law - and supportive allies do make the military option easier to pursue.

Although nearly 99% of abortions in New Zealand are permitted in order to prevent danger or injury to a woman’s mental health (the ‘mental health exception’), the reasons why mental health considerations should effectively control access to abortion are not altogether clear. This article analyses abortion case law, statutes and debates from New Zealand, the United Kingdom and the United States to attempt to explain the legal connection between mental health considerations and access to abortion. The article argues that (...) the mental health exception evolved in response to a change in the predominant construction of women seeking abortion from ‘selfish’ to ‘desperate’, coinciding with increasing societal subscription to an expanded view of psychological harm. By conceptually accommodating both constructions of women seeking abortion, the article argues that the mental health exception usefully enabled society generally to proscribe the practice of abortion on the basis that it was unnatural and irrational, while nevertheless permitting it in cases considered to be deserving. (shrink)

At the intersection of “the theological” and “the political,” the situatedness of the sovereign dictates the task and method of political theology. It is the sovereign, in particular, positioned between “the theological” and “the political,” that is responsible for existentializing what is theologized and what is politicized through the power of sovereignty. Through this sovereignty, the sovereign creates, defines, and oversees all the existential dimensions of a theological-political environment, especially with respect to exclusiveness and inclusiveness, marginalization and belongingness, and what (...) is accomplished by the state of exception. To understand the nuances of what a sovereign is and how sovereignty operates, as the one that develops the state of exception through an act of exception, this essay will examine the explicit and implicit political theologies articulated by Carl Schmitt and Giorgio Agamben, in an effort to construct Slavoj Žižek’s political theology from Schmitt’s sentiment about “the one who decides on the exception” and Agamben’s conceptualization of “ zoē ” and “ bios. ” From Schmitt and Agamben, Žižek’s political theology makes use of the dialectic and references to notions of symptom and trauma, which ultimately culminates in a religious-oriented understanding of the sovereign's act of exception as the “theologico-political suspension of the ethical.”. (shrink)

Background In modern Russia, any clinical investigation of a pharmaceutical for use in humans is subject to prior evaluation and approval by the Ministry of Health and its Central Ethics Committee. Despite this, some researchers and trial sponsors fail to comply, this is particularly true in case of the studies initiated by domestic sponsors or sponsor-investigators and published in Russian language medical journals. This exploratory research aims to discover whether it is a sporadic non-compliance with regulations or a common practice. (...) Methods We searched the Russian language database eLIBRARY for the phrase ‘results of a randomised trial’. We selected publications reporting clinical trials and conducted in Russia. For each of the selected studies, we searched the state register of the approved clinical trials. We assessed whether the investigational medicinal product was approved for marketing in Russia; the therapeutic indications, posology, and administration method in the clinical trial were consistent with the approved labelling; the issue of the journal included an advertisement of the medicinal product in question; and the full description of the methodology corroborated that the clinical trial was randomised, as was stated in the title or abstract. Results Of the 26 selected articles, 22 reported the results of unauthorised clinical trials. Three of those trials were conducted in children. Twenty-one studies reported on data from unauthorised trials for investigational products approved for marketing in Russia. However, in nine cases, the therapeutic indications, posology, or administration method did not match the conditions indicated in the labelling. Moreover, in one case, the unauthorised trial included a drug therapy intervention where the active substance was not approved for use in any medicinal product marketed in Russia. In 14 of the 26 articles, the issue of the journal or the article itself contained an advertisement for the same medicinal product or, in one case, its manufacturer. All publications accompanied by advertisements claimed that the medicinal product in question was efficacious. Conclusions A substantial fraction of the clinical trials initiated by domestic sponsors and reported in Russian medical journals failed to obtain the mandatory prior evaluation and approval from the regulator. This can affect the rights and well-being of the study participants and the scientific validity of the studies. (shrink)

DNA profiling and databasing are now commonplace. A body of state and federal legislation enables the establishment and operation of profile databases for law-enforcement purposes. Enabling legislation is usually specific about who, or what evidence, may be profiled for a database. It may be less specific or silent on the issue of specimen retention following profiling and databasing.

Quality-adjusted life years (QALYs) are used to determine how to allocate resources to health programmes or to treatments within those programmes in order to gain maximum utility from those limited, shared healthcare resources. However, if we use those same population- based QALYs when faced with individual treatment decisions we may act unjustly in relation to that individual or in relation to the wider population. A treatment with a population-based incremental cost-effectiveness ratio beyond our willingness to pay threshold may be denied (...) to a patient even if, for that particular patient, the QALYs gained for the cost would fall within that threshold. When considering individual cases, it is proposed that we should take an individualised approach to the cost of treatment and response to treatment (‘individualised QALYs’) and a personalised approach to the valuation of health states (‘personalised QALYs’). Only if we do this, can we maximise utility and give the patient a fair opportunity to benefit. Individualised and personalised QALYs also allow us to express patient choice and religious treatment preferences in terms of utility. Individualised and personalised QALYs are explored in the context of individual funding requests in the National Health Service. In preference to the concept of ‘clinical exceptionality’, individualised and personalised QALYs provide the potential for better and more consistent decisions and improved utility. Rather than treating unequal patients as if they were equal, individualised and personalised QALYs promote fair and unequal access to resources for some of our most unequal patients. Potential challenges are also considered. (shrink)

Section 1115 of the Social Security Act is misconstrued as a mechanism to foster state flexibility, when in fact it is a narrow pilot program authority. HHS has exceeded the scope of this authority to approve harmful projects. Courts will not grant the agency broad deference when reviewing this abuse of authority.

The gravity-related model of spontaneous wave function collapse, a longtime hypothesis, damps the massive Schrödinger Cat states in quantum theory. We extend the hypothesis and assume that spontaneous wave function collapses are responsible for the emergence of Newton interaction. Superfluid helium would then show significant and testable gravitational anomalies.

This paper aims to confront two notions that have acquired a particular importance in contemporary reflections on the law: the notion of “un-law” (“Unrecht” or “non-droit”), that was constructed after the second WW in order to think about the specific nature of “Nazi law”; and the notion of “state of exception” (“Ausnahmezustand” or “état d’exception”), which is now commonly tied up with the idea of juridical anomie. This confrontation extends the analysis that is especially exposed by the (...) very concept of “un-law”, in order to think about the possibility of a “monstrous law” in a functional way, and not in a substantial one. In return, this new light will help to think of the discontinuities between a “state of exception” and a “state of un-law”. (shrink)

With the advent of COVID-19, a sudden, unexpected, and forced shift has been produced in the field of psychotherapy. Worldwide, many therapists closed their offices and started to deliver psychotherapy online through a screen. Although different media started to be incorporated, videoconferencing is undoubtedly the most common way in which therapists are doing therapy these days. This is catalyzing a rapid change in the practice of psychotherapy with probable lasting effects and deserves to be carefully reflected upon. Therefore, in this (...) paper our aim is to outline the main challenges for a medium that may have arrived to stay. In that sense, we review the literature to describe the state-of-the-art regarding the main aspects of videoconferencing psychotherapy as well as to suggest possible avenues for future research and practice. (shrink)

At the time of writing, the multicultural ideal, if there had ever been one, within North America and Western Europe appears to be in a state of unprecedented precariousness, given recent political developments. The term "multicultural" here, and in fact in the rest of this paper, refers not to a description of the prevailing state of affairs, but to a normative attitude, reflected in public policy, that seeks a relatively pluralist approach to "culture." Apparently confirming political pronouncements by (...) then-UK Prime Minister David Cameron and German Chancellor Angela Merkel that multiculturalism has failed,2 "far-right" sociocultural politics in North America and Western Europe has achieved several popular... (shrink)

Exception from Informed Consent (EFIC) regulations detail specific circumstances in which Institutional Review Boards (IRB) can approve studies where obtaining informed consent is not possible prior to subject enrollment.To better understand how IRB members evaluate community consultation (CC) and public disclosure (PD) processes and results, semi-structured interviews of EFIC-experienced IRB members were conducted and analyzed using thematic analysis.Interviews with 11 IRB members revealed similar approaches to reviewing EFIC studies. Most use summaries of CC activities to determine community members’ attitudes; (...) none reported using specific criteria nor recalled any CC reviews that resulted in modifications to or denials of EFIC studies. Most interviewees thought metrics based on Community VOICES’s domains (feasibility, participant selection, quality of communication, community perceptions, investigator/IRB perceptions) would be helpful.IRB members had similar experiences and concerns about reviewing EFIC studies. Development of metrics to assess CC processes may be useful to IRBs reviewing EFIC studies. (shrink)

Walter Benjamin’s writings are often read in terms of their emphasis on undecidability. This article focuses on Benjamin’s view of decision as a philosophic capacity to suspend recognizable myth. Myth is recognizable as closure. Myth becomes recognizable as myth when exceptions and extremes arise in relation to it. Without necessarily following the specific exception or extreme (which may itself be mythic), philosophy is a politics that is attuned to the capacity of an exception or extreme to perform the (...) limit of a specific mythic form. In elaborating philosophically impelled decision as a capacity to take exception to myth, the article compares Benjamin’s works with writings by Agamben, Schmitt, Hiller, Sorel, Derrida and others. At various points in the article, and especially towards the end, the discussion of the notion of philosophic decision includes consideration of ways in which aspects of Benjamin’s enmity to myth might themselves become mythic, unphilosophic. (shrink)

This piece criticizes Fodor's argument (in The Elm and the Expert, 1994) for the claim that Frege cases should be treated as exceptions to (broad) psychological generalizations rather than as counterexamples.

According to many scholars, Aristotle holds that judgments in ethics can hold true only “for the most part”. Such judgments state general claims about ethical life, not specific claims about how to act in a particular situation. These judgments can be either descriptive or prescriptive. When they are descriptive, they hold true “for the most part” insofar as they express observed regularities that occur neither always and necessarily, nor by mere chance. For example, courage is good “for the most (...) part,” except when it causes injury or death ; brave men are fearless “for the most part,” except when in grave danger. When.. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics (...) with contingent creaturehood, it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

Drawing on comparisons to genetic exceptionalism, Cheung et al. (2025) reject psychedelic exceptionalism—that psychedelics raise unique concerns regarding increased vulnerability and diminished aut...