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)

Exceptionally Common Courage provides an extended, close reading of Fear and Trembling, Kierkegaard's well-known, pseudonymous book about Abraham's sacrifice of Isaac. It then fits this (in)famous work into the broader and puzzling corpus that includes both other pseudonymous works and signed discourses by this same mercurial author. Though not the first to tackle Kierkegaard from the direction of either a single work or the whole authorship, this two-in-one book relates whole and part to whole and part in a way that (...) reads like a genuine musical counterpoint. The scholarly debates inevitably generated by any treatment of Fear and Trembling are here addressed in ways that arise from a detailed interpretation of the text itself without letting secondary material interrupt the primary train of thought. Along the way, Kierkegaard's ideas are brought into conversation with a much broader than usual cannon of interlocutors, including such figures as Elizabeth Stuart Phelps and James Baldwin, R.H. Tawney and Wendell Berry. And by the end, the complex movement of the entire authorship becomes audible above the various isolated and doctrinaire notes typically highlighted in comparable studies. The recurring melody is about existential courage, about the risk of emotionally investing in earthly goods against the ambiguous inevitability of their loss. Woven throughout Kierkegaard's so-called esthetic and religious writings, this common task of facing threats to the integral meaning of human experience stands out in arresting color. As the chapters unfold, this understanding of faith as a form of courage provides not just direction, but a topographical score for what is originally a highly indirect and elusive textual arrangement. (shrink)

Within a state-space approach endowed with a generalized potential function, mental states can be systematically characterized by their stability against perturbations. This approach yields three major classes of states: (1) asymptotically stable categorial states, (2) marginally stable non-categorial states and (3) unstable acategorial states. The particularly interesting case of states giving rise to exceptional experiences will be elucidated in detail. Their proper classification will be related to Metzinger’s account of self-model and world-model, and empirical support for this classification will be (...) surveyed. Eventually, it will be outlined how Metzinger’s discussion of intentionality achieves pronounced significance within a dual-aspect framework of thinking. (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)

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)

Can laws of nature be universal regularities and nevertheless have exceptions? Several answers to this question, in particular the thesis that there are no laws outside of fundamental physics, are examined and rejected. It is suggested that one can account for exceptions by conceiving of laws as strictly universal determination relations between (instances of) properties. When a natural property is instantiated, laws of nature give rise to other, typically dispositional properties. In exceptional situations, such properties manifest themselves either in an (...) unusual way or not at all. (shrink)

This paper deals with the exceptions-tolerance property of generic sentences with indefinite singular and bare plural subjects (IS and BP generics, respectively) and with the way this property is connected to some well-known observations about felicity differences between the two types of generics (e.g. Lawler's 1973, Madrigals are popular vs. #A madrigal is popular). I show that whereas both IS and BP generics tolerate exceptional and contextually irrelevant individuals and situations in a strikingly similar way, which indicates the existence of (...) a basically equivalent tolerance mechanism, there is also a difference between them, unnoticed so far, which concerns the degree to which the properties of the legitimate exceptions can be characterized in advance. Following claims in Greenberg (2003), I argue that both this newly observed difference as well as the traditional felicity differences result from an underlying contrast in the type of ‘non-accidentalness’ expressed by the two types of generic sentences, and more formally, in the accessibility relations that their generic quantifier (Gen) is compatible with. To capture the new difference in tolerance of exceptions, I develop an improved version of the exceptions-tolerance mechanism for generic sentences suggested in Kadmon & Landman (1993), namely, a restriction on the set of individuals and situations quantified by Gen, which is partially vague to two different degrees using supervaluationist methods. The different degrees of vagueness in this restriction are shown to be systematically dependent on the two types of accessibility relations that IS and BP generics are compatible with, which are redefined as precise and vague restrictions on the generic quantification over worlds. (shrink)

Exceptional human experiences (EHEs) have garnered increasing research attention, particularly with regard to the characteristics and potential functional aspects of these experiences. The current study sought to replicate and expand upon previous research on EHEs by using a mixed-methods approach to examine the characteristics of EHEs in a large adult sample. The participants were 869 healthy adults who completed a survey that allowed participants to share both quantitative ratings and qualitative descriptions of EHEs. The results revealed that 96.7% of respondents (...) had experienced at least one EHE, and EHEs were generally rated as having a positive impact on the participants' lives. Participants reported a variety of EHEs, with two primary themes emerging in the qualitative analysis: perception and function of EHEs. The results suggest that EHEs may serve a positive, functional purpose in the lives of those who experience them. (shrink)

For the first time a uniform compositional derivation is given for quantified sentences containing exceptive constructions. The semantics of exceptives is primarily one of subtraction from the domain of a quantifier. The crucial semantic difference between the highly grammaticized but-phrases and free exceptives is that the former have the Uniqueness Condition as part of their lexical meaning whereas the latter are mere set subtractors. Several empirical differences between the two types of exceptives are shown to follow from this basic lexical (...) difference. (shrink)

Exceptions are often cited as a counterargument against formal causation. Against this I argue that Aristotle explicitly allows for exceptions to essences in his biological writings, and that he has a means of explaining them through formal causation – though this means that he has to slightly elaborate on his general case theory from the Posterior Analytics, by supplementing it with a special case application in the biological writings. Specifically for Aristotle an essential predication need not be a universal predication. (...) Rather an essential predication is where a property belongs essentially to a species or genus. This essential predication serves a causal and explanatory role, and is not dependent on a corresponding universal predication. (shrink)

This paper revisits Giorgio Agamben’s text The Time That Remains and through a comparative analysis contrasts the author’s reading of St Paul’s Romans to relevant Derridean thematics prevalent in the text. Specific themes include language, the law, and the subject. I illustrate how Agamben attempts to revitalise the idea of philosophical anthropology by breaking away from the deconstructive approach. Agamben argues that language is an experience but is currently in a state of nihilism. Consequently, the subject has become lost; or, (...) more specifically, the subject and its object have not disappeared in language but through language. The resuscitation of experience is thus required to defeat this condition: only in language does the subject have its site and origin. Unlike deconstruction, which highlights an inherent paradox within a situation unearthing a questionable foundation, Agamben argues that, by investigating the “exception,” one finds neither a norm nor an inherent truth of the situation, but the confusion which surrounds them both. (shrink)

In this paper, I have proposed a compositional semantic analysis of exception NPs from which three core properties of exception constructions could be derived. I have shown that this analysis overcomes various empirical and conceptual shortcomings of prior proposals of the semantics of exception sentences. The analysis was first formulated for simple exception NPs, where the EP-complement was considered a set-denoting term and the EP-associate was a monadic quantifier. It was then generalized in two steps: first, (...) in order to account for quantified EP-complements, and second, in order to account for polyadic quantifiers as the EP-associates. An additional assumption that was made in several places was that EPs may operate at the level of implications. The consequences of this assumption, though, still have to be investigated. (shrink)

This article examines the lasting phenomenological consequences of inhabiting “spaces” of exception by rethinking the operation of sovereign violence therein. Taking as its point of departure Giorgio Agamben’s suggestion that the ‘state of exception’ is the ‘rule’ of modern politics, I argue that arbitrary sovereign violence has taken the place of the ‘sovereign decision’ of Carl Schmitt’s original theory. However, recognizing that it is neither enough simply to articulate the institutional grid of intelligibility of the state of (...) class='Hi'>exception nor expose the logics of sovereignty that make possible arbitrary violence, it draws on phenomenology, affect theory, and trauma studies to reorient our focus from the sovereign to the subject upon whom sovereign power is executed. Ultimately it proposes a new understanding of modern subjecthood as one of existential insecurity generated by the ‘new age of anxiety’ permeating social and political life today. (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)

Introduction : Picturing technology -- A sense of the transcendental -- The blank page -- Embodiment conditions -- Three exceptional technologies -- Which way to turn? -- Conclusion : Exceptional technologies, not technological exceptionalism.

BackgroundIn specific situations it may be necessary to make an exception to the general rule of informed consent for scientific research with an intervention. Earlier reviews only described subsets of arguments for exceptions to waive consent.MethodsHere, we provide a more extensive literature review of possible exceptions to the rule of informed consent and the accompanying arguments based on literature from 1997 onwards, using both Pubmed and PsycINFO in our search strategy.ResultsWe identified three main categories of arguments for the acceptability (...) of a consent waiver: data validity and quality, major practical problems, and distress or confusion of participants. Approval by a medical ethical review board always needs to be obtained. Further, we provide examples of specific conditions under which consent waiving might be allowed, such as additional privacy protection measures.ConclusionsThe reasons legitimized by the authors of the papers in this overview can be used by researchers to form their own opinion about requesting an exception to the rule of informed consent for their own study. Importantly, rules and guidelines applicable in their country, institute and research field should be followed. Moreover, researchers should also take the conditions under which they feel an exception is legitimized under consideration. After discussions with relevant stakeholders, a formal request should be sent to an IRB. (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)

This commentary attempts to contribute to a further elucidation of Dominic Smith’s call for a rehabilitation of the transcendental in philosophy of technology. On the one hand, it focuses on why such a rehabilitation is deemed necessary, particularly in light of Smith’s diagnosis of a contemporary tendency towards reification and presentism. Postphenomenology is discussed as a challenge and invitation to further clarify the stakes. On the other hand, this commentary inquires into how Smith envisages the achievement of a rehabilitation of (...) the transcendental. Further attention is given to Smith’s idea of a renewed sense of the transcendental. Following his own cues and situating this renewal in the philosophical tradition, the question whether the involved philosophical praxis should be primarily understood as political is brought to the fore. In so doing, Smith’s reading and extension of Luciano Floridi’s attempts to move beyond Kant receive special attention, since the transcendental is here understood in terms of conditions of feasibility. The challenge put to Smith is to contrast this approach with social-constructivist approaches on the one hand, and Stiegler’s thought regarding technics and the transcendental on the other. Finally, Smith’s commitment to taking exception is analyzed to ask how and which logic is at play there. (shrink)

This chapter shows how libertarianism can be seen to be a moral theory that explains exceptions to earlier moral norms and principles and the chapter shows how various exceptions to libertarian principles, including necessity and unconscionability exceptions, can be seen to lead beyond libertarianism to contractarian theories of morality and justice. The chapteer raises a general problem for contractarian theories and shows how the problem applies to the theories of Rawls and Habermas. This sets the stage for the book’s own (...) meta-level consequentialist explanation of the exceptions in the next chapter. (shrink)

This paper addresses two puzzles in the semantics of connected exceptive phrases (EP): (i) the compatibility of EPs modifying noun phrases headed by the negative polarity item (NPI) determiner any and (ii) the ability of a negative universal quantifier modified by an EP to license strong NPIs. Previous analyses of EPs are shown to fail to solve these puzzles. A new unified solution to the two puzzles is proposed. The crucial insight of the analysis is to allow von Fintel’s (Natural (...) Language Semantics 1: 123–148, 1993; Restrictions on quantifier domains, PhD dissertation, 1994) leastness condition on EPs to be imposed at scopes non-local to the surface position of the EP. A general result is derived concerning the truth conditions of sentences in which an existential modified by an EP occurs in the scope of a downward entailing operator. The distribution of EPs is argued to depend on how the leastness condition interacts with other pragmatic strengthening conditions, such as the one imposed on any by Kadmon and Landman (Linguistics and Philosophy 16: 353–422, 1993). (shrink)

The aim of the paper is to argue that all—or almost all—logical rules have exceptions. In particular, it is argued that this is a moral that we should draw from the semantic paradoxes. The idea that we should respond to the paradoxes by revising logic in some way is familiar. But previous proposals advocate the replacement of classical logic with some alternative logic. That is, some alternative system of rules, where it is taken for granted that these hold without (...) class='Hi'>exception. The present proposal is quite different. According to this, there is no such alternative logic. Rather, classical logic retains the status of the ‘one true logic’, but this status must be reconceived so as to be compatible with (almost) all of its rules admitting of exceptions. This would seem to have significant repercussions for a range of widely held views about logic: e.g. that it is a priori, or that it is necessary. Indeed, if the arguments of the paper succeed, then such views must be given up. (shrink)

In response to the COVID-19 pandemic, states have funneled exceptional amounts of public funding into research and development of diagnostics, treatments and vaccines to help fight the virus. In th...

RESUMEN Para analizar la gubernamentalidad neoliberal, se asume como problema la caracterización de las formas contemporáneas de ejercicio del poder bajo una nueva modalidad de soberanía política localizada en el mercado. Se proponen las nociones de inmunidad y excepción como claves hermenéuticas, y se establece un diálogo entre las derivas foucaultianas de los trabajos de R. Esposito y G. Agamben. Se muestra cómo la relación entre poder y vida asume una forma estratificada y diferenciada, siguiendo una racionalidad de gobierno que (...) encuentra en el cálculo del riesgo el operador funcional de sus intervenciones estratégicas sobre la población. ABSTRACT In order to analyze neoliberal governmentality, the article addresses the issue of the characterization of contemporary forms of exercise of power under a new modality of political sovereignty located in the market. It suggests the notions of immunity and exception as hermeneutical keys and establishes a dialogue between the Foucauldian drift of the work of R. Esposito and G. Agamben. The article also shows how the relation between power and life takes on a stratified and differentiated form when it follows a rationality for government that makes risk calculation the functional operator of its strategic interventions in the population. (shrink)

Thought experiment is one of the most widely-used and least understood techniques in philosophy. A thought experiment is a process of reasoning carried out within the context of a well-articulated imaginary scenario in order to answer a specific question about a non-imaginary situation. The aim of my dissertation is to show that both the powers and the limits of this methodology can be traced to the fact that when the contemplation of an imaginary scenario brings us to new knowledge, it (...) does so by forcing us to make sense of exceptional cases. ;The dissertation has five chapters: an introduction, three case studies and a conclusion. My main contention is that certain patterns of features which coincide only fortuitously may nonetheless play a central role in the organization of our concepts, and that to the extent that imaginary scenarios involve disruptions of these patterns, our first-order judgments about them are often distorted or even inverted. ;In the introduction and conclusion, I discuss the role of imaginary exceptions in the acquisition of new knowledge. I argue that appeal to imaginary cases is unavoidable because the world is neither maximally replete nor effortlessly navigable, and that appeal to exceptional cases is indispensable if we wish to avoid mistaking accidental regularities for regularities that reflect deeper truths about the world. ;In the first case study, I discuss a famous thought experiment of Galileo's, and I try to show that the guided contemplation of an imaginary scenario can provide us with new scientific knowledge in a way that argument alone cannot. In the second case study, I try to show that standard interpretations of the puzzle of the Ship of Theseus founder because they ignore the importance of the background norms against which we can make sense of local instances of extrinsically-determined identity. And in the third case study, I try to show that thought experiments in the personal identity literature are inconclusive because they disregard the explanatory role played by contingent facts about the ways human beings come into existence. (shrink)

abstract Because we are more comfortable with judgements of conceptual conceivability than with judgements of practical possibility, we content ourselves with imaginary cases, which are useless for making many decisions that practical people most need to make, notably all-things-considered decisions about when to follow an admitted general principle and when to make an exception. The diverse cases of climate change, preventive attack, and torture all illustrate how the avoidance of the difficult task of integrating empirical judgements with conceptual judgements (...) through the flight into the sanitized abstraction of imaginary cases undermines attempts at practical ethics. All three cases involve allegedly exceptional, or emergency, situations, although climate change seems to require more than the usual compliance with general principle while preventive attack and torture supposedly require less than the usual compliance. By my lights the proposed exceptions are, respectively, fully, sometimes, and never justified. But the fundamental point is that one unfortunately cannot decide any of the cases without assessing what is in fact likely as well as what is conceptually possible. (shrink)

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)

Dominic Smith’s Exceptional Technologies has a specific project, a bridge it is hoping to build, between a philosophy of technology which has become too standardised and a continental tradition tha...

This paper intends above all to highlight three fundamental interconnected questions: (1) without reifying it in a theoretical-systematic philosophy, to highlight Derrida’s Deconstruction as a “philosophical idiom” – that of différance or of the ab-solute otherness – endowed, therefore, with specific “theoretical” assumptions (khôra, messianic and trace); (2) to highlight and to clarify the meaning of the “Derridian exception” concerning the issue of the animal and animality within the context of the sacrificial philosophical-cultural Westernness; (3) to highlight the relevance (...) of the issue of the animal and animality in order to re-think, in new terms, the question of the human itself – still essentially structured in the light of a metaphysical subjectivity –, underlining the invaluable contribution of Deconstruction to rethink the exceptionality of the human among the living beings and to bring the war for compassion to a successful end, thus contributing to the emergence of new Lights for the promise of the “coming” [“à-venir”] of another humanity and, consequently, of another civilization. (shrink)

While most high school students will obtain future social class positions consistent with their class backgrounds, a handful of students are exceptions to this rule, being either upwardly mobile working-class students or downwardly mobile middle-class students. Highlighting predominant patterns, research typically ignores such students precisely because they are exceptions to the rule. This article, based on ethnographic research among white and Mexican American high school girls in California's Central Valley, foregrounds the experience of upwardly mobile working-class students showing how race/ethnicity, (...) class, and gender intersect in the lives of these young women, shaping their educational mobility. Using a comparative approach, this article examines the similarities and differences between white and Mexican American working-class girls' experiences of mobility. The article first describes the various contingencies leading to the girls' mobility, then explores their subjective experience of mobility, in both cases noting the girls' different experiences according to their race/ethnicity. (shrink)

This essay surveys the situation of Italian women life scientists from the late nineteenth to the mid-twentieth century. It follows the path that took women from being an exceptional presence to becoming a common, yet not equal, presence in the Italian science departments. Very different proportions of women occupied the three ranks in the academic hierarchy—students, research staff and professors. From the late nineteenth century onwards, women started to enrol in Italian universities. Initially, the second most popular department among female (...) students—outdone only by the humanities—was that of mathematics, physics and natural sciences. Concerning women among research staff, a brief statistical analysis reveals the growing proportion of the female workforce in academic institutions and brings into view poorly known female assistants and technicians. The most difficult career step for women was to gain a tenured university position. A comparison between bacteriologist Giuseppina Cattani’s ‘failure’ to gain such a position and the ultimately successful strategy of zoologist and limnologist Rina Monti, who became one of the very first female university professors in Europe, illustrates the opportunities as well as the obstacles women naturalists encountered on the way into the academia. These experiences and those of others show that well into the twentieth century the support of powerful male mentors continued to be indispensable for women scientists. Positions in peripheral institutes or specializations in emerging research fields, in particular hydrobiology, entomology and cytogenetics, provided opportunities for Italian women to work their way up to professorships. (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)

Dans la seconde moitié du XXe siècle, la France a connu une époque de créativité philosophique inédite, connue outre-Atlantique sous le nom de French theory. Certains penseurs parmi les plus importants (Sartre, Deleuze, Derrida) ont fait de la question littéraire un objet central de la philosophie. L'Exception littéraire est le premier ouvrage de synthèse consacré à ce rapprochement. Le titre souligne le nouveau statut conféré à la littérature par ces philosophes : la littérature apparaît comme un discours d'exception, (...) exprimant des vérités inaccessibles à la pratique philosophique, et plus largement, aux autres discours humains. Par une lecture croisée de textes philosophiques et littéraires, l'ouvrage montre l'interaction des deux disciplines : d'un côté, la philosophie devient une philosophie " littéraire ", attentive à sa propre écriture (à son style) et à de nouveaux thèmes de réflexion (l'animalité, la violence, la folie). De l'autre, par le débat qui s'instaure entre la critique littéraire et la philosophie, la littérature voit ses modalités d'interprétation et de transmission profondément renouvelées. (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)

When faced with a rule that they take to be true, and a recalcitrant example, people are apt to say: “The exception proves the rule”. When pressed on what they mean by this though, things are often less than clear. A common response is to dredge up some once-heard etymology: ‘proves’ here, it is often said, means ‘tests’. But this response—its frequent appearance even in some reference works notwithstanding1—makes no sense of the way in which the expression is used. (...) To insist that the exception proves the rule is to insist that whilst this is an exception, the rule still stands; and furthermore, that, rather than undermining the rule, the exception serves to confirm it. This second claim may seem paradoxical, but it should not, once it is realized that what does the confirming is not the exception itself, but rather the fact that we judge it to be an exception; and that what is confirmed is not the rule itself, but rather the fact that we judge it to be a rule. To treat something as an exception is not to treat it as a counterexample that refutes the existence of the rule. Rather it is to treat it as special, and so to concede the rule from which it is excepted. The point comes clearly in the original (probably 17th Century) Latin form: Exceptio probat (figit2) regulam in casibus non exceptis. Exception (i.e. the act of excepting) proves (establishes) the rule in the cases not excepted. Clearly this form of reasoning cannot apply when the rule that we are considering has the form of a simple universal generalization. Here there can be no exceptions, only counterexamples. So what we need, and what will be developed.. (shrink)

The paper proposes a novel account to the problem of exceptional scope (ES) of (in)definites, e.g. the widest and intermediate scope readings of the sentence Every student of mine read every poem that a famous Romanian poet wrote before World War II. We propose that ES readings are available when the sentence is interpreted as anaphoric to quantificational domains and quantificational dependencies introduced in the previous discourse. For example, the two every quantifiers and the indefinite elaborate on the sets of (...) individuals and the correlations between them introduced by a previous sentence like Every student chose a poet and read every poem written by him (for the intermediate scope reading) or a sentence like Every student chose a poet - the same poet - and read every poem written by him (for the widest scope reading). Our account, formulated within a compositional dynamic system couched in classical type logic, relies on two independently motivated assumptions: (a) the discourse context stores not only (sets of) individuals, but also quantificational dependencies between them, and (b) quantifier domains are always contextually restricted. Under this analysis, (in)definites are unambiguous and we do not resort to movement or special storage mechanisms, nor do weposit special choice-functional variables. (shrink)

What is the link between patients' rights to NHS treatment and PCTs' duties to live within their budgets? This was the issue in Rogers v Swindon PCT [2006], in which a patient had been denied trastuzamab (Herceptin®) for early-stage breast cancer. In principle, rationing is lawful and PCTs have to make hard choices about spending priorities, but they may not ignore the interests of needy patients in doing so. Rather, they must balance the 'corporate' interests of the PCT with the (...) 'clinical' interests of individuals. One way of doing so is to adopt an Ethical Framework at the macro-level to guide NHS resource allocation, but to also recognize 'exceptional cases' at the micro-level, even if the treatment is generally considered to be a low priority. This article is primarily concerned with these micro-level cases. Patients and clinicians should know how the balance is struck. Such a system operates in Berkshire, but there is plenty of room for debate about how it should develop. (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 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)

This article investigates Karl Barth's ethics of war and its reception by placing the discussion within the larger framework of the general ethics of Church Dogmatics II/2 and the special ethics of Church Dogmatics III/4. It gives careful attention to the infamously problematic “exceptional case” to illumine what sort of “exception,” if any, the provocative passages on war entail. The outlines of Barth's ethical framework and the Grenzfall, or borderline case, provide the background for the re‐evaluation of three common (...) interpretations of his views on war. (shrink)

In Rogers, the Court of Appeal held that the decision of Swindon N.H.S. Primary Care Trust to refuse to fund Herceptin for the treatment of Ann Rogers against breast cancer was irrational. The P.C.T. maintained that their decision was not resource driven but based on the fact that Herceptin was, at that time, not licensed by the European Medicines Agency (E.M.E.A.) for use in early stage breast cancer. Yet it was prepared to fund its use in ‹exceptional circumstances’ which could (...) only be based upon the personal situation of the patient. In this note, I focus upon the ‹exceptionality’ argument in the context of the patient as consumer of healthcare and women as carers. I argue for a focus upon caring rather than consumerism in healthcare. (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)

When used clinically, psychedelics may appear unusual or even unique when compared to more familiar or long-standing medical interventions, prompting some to suggest that the ethical issues raised may likewise be exceptional. If that is correct, then perhaps psychedelics should be treated differently from other medical substances: for example, by being subjected to different ethical or evidentiary standards. Alternatively, it may be that psychedelics have more in common with various existing medical interventions than first meets the eye. We argue in (...) favor of the latter position, drawing on parallels from earlier debates around genetic exceptionalism in bioethics. We suggest there are risks to adopting a stance of “psychedelic ethical exceptionalism,” and propose that consistent ethical rules and evidentiary standards should be applied across all relevant areas of clinical medicine. Importantly, this does not preclude the possibility that changes to existing standards should be made; but if so, this should not be justified by appealing to the alleged uniqueness of psychedelics. (shrink)

Nous tenons généralement pour acquis et même évident que les êtres humains ont une supériorité sur les autres espèces et sur la nature en général. Ne sommes-nous pas appelés à "dominer la nature" et, par l'intelligence et l'esprit d'entreprise, à en tirer le meilleur pour le bénéfice de tous? Or, cette exception humaine est aujourd'hui de plus en plus vivement contestée, surtout à l'égard des animaux, mais aussi par la mise en cause de la domination de la nature dont (...) on mesure les effets catastrophiques pour notre avenir commun. Cette contestation n'est pas une question purement académique. Elle a des répercussions considérables sur le statut de l'homme et sur son rapport au monde. Ce livre prend la mesure des conséquences de ces critiques, mais veut surtout défendre la thèse d'une exception de l'humanité en développant une anthropologie de la vulnérabilité humaine qui, loin des rationalismes ambitieux, donne à l'espèce humaine sa juste place, admet sa fragilité et fonde aussi le respect qu'on lui doit. Il récuse tout autant le mythe d'une société prétendument "postmortelle" qui, en réalité, relève des mêmes illusions que les thèses sur la fin de l'exception humaine. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Exception in Žižek’s ThoughtErik Vogt (bio)One cannot fail to be struck by the repeated occurrences and invocations of some logic of exception as well as by the proliferation of examples or stand-ins for exceptional positions (“Jew”; “woman”; “class struggle”) or exceptional collectives (“proletariat”; “slum dwellers”) in many of Slavoj Žižek’s writings. The significance of thinking exception is evident not only in Žižek’s powerful reconceptualization of (a (...) supposedly outdated) ideology critique and in his intriguing materialist account of the relationship between Judaism and Christianity, but also in his interventions into contemporary debates as to what constitutes proper politics. For this reason, it might be appropriate, in a first sketch, to attempt to weave together some of the threads that combine into Žižek’s (critique of the) logic of exception.11The Symptom and Its Logic of ExceptionAlready Žižek’s early brilliant elaboration of a contemporary ideology critique in terms of a powerful coarticulation of Marx and Freud analyzes the “social symptom” in light of its hidden logic of exception [Sublime Object 11–53]. Since the “social symptom” is not to be grasped as some imbalance external to universality, but rather as its constitutive moment, it marks “a point of breakdown heterogeneous” to a given universal field that at the same time is “necessary for that field to achieve its closure, its accomplished form” [21]. A symptomatic ideology critique will seize on the logic of exception implicit in the fissures of universality by deciphering its “falseness,” insofar “as it necessarily includes a specific case which breaks its unity, lays open its falsity” [21]. What is impossible, then, is the claim to some totality or universality without including in it “the point of exception functioning as its internal negation” [23]. This seems to suggest that the “social symptom” does not present any obstacles to its ideological-critical decipherment according to the logic of exception. However, Žižek makes clear immediately that it often does not effect the dissolution of the “social symptom”; on the contrary, it might even reinforce it, insofar as this interpretive procedure appeals to and relies on an addressee that continues to be figured in terms of consistency, completeness, totality. Consequently, this interpretive procedure of dissolving the symptom remains stuck in the very logic of exception that it attempts to unearth [73–74]. This is the reason why Žižek suggests supplementing this notion of the “social symptom” as ciphered message with the notion of fantasy. He describes the relation between symptom and fantasy in the following manner: “Symptom implies and addresses some non-barred, consistent big Other which will retroactively confer on it its meaning; fantasy implies a crossed-out, barred, non-whole, inconsistent [End Page 61] Other—that is to say, it is filling out a void in the Other” [74]. A contemporary ideology critique will therefore have to account for both the exceptional status of the social symptom and its underlying social fantasy. In other words, ideology critiques must consist of two stages, of two complementary procedures:—one is discursive, the “symptomal reading” of the ideological text [...] demonstrating how a given ideological field is a result of a montage of heterogeneous “floating signifiers,” of their totalization through the intervention of certain “nodal points”;—the other aims at extracting the kernel of enjoyment, at articulating the way in which [...] an ideology implies, manipulates, produces a pre-ideological enjoyment structured in fantasy.[125]In short, what is required from ideology critique is an interpretation of the social symptom in such a way that it brings to light the very fundamental fantasy that, precisely as a preideological blockage to interpretation, has then to be traversed and correlated to the identification with the symptom. The social symptom has to be grasped as master signifier and as objet a. And Žižek illustrates the working of (a theory of) ideology via anti-Semitism and its construction of the “Jew.”2Briefly, anti-Semitic ideology articulates the “Jew” through a network of symbolic “overdetermination”; that is, the “Jew” becomes the point of condensation for heterogeneous and often incompatible attributes. What has to be taken into account, moreover, is the inversion... (shrink)

Genetic testing practices are increasingly advancing clinical medicine. This process of ‘routinisation of genetics’ has been conceived as a medical and ethical problem mainly because of the assumption that non-geneticists might lack the necessary skills to provide these services. In particular, the relevant theoretical knowledge in clinical genetics is viewed as insufficient in general practitioners and physicians from other specialities. Empirical findings seem to indicate significant variations not only in theoretical but also in practical knowledge between geneticists and non-geneticists. Several (...) fields of practical knowledge—regarding for example the focus of clinical action, the relevance of therapeutic action or the normative framework—can be identified that are or could be areas of conflict when the routinisation of genetic services proceeds. From an ethical point of view, these variations in know how and background are especially relevant whenever the respective genetic service is concerned with medical information of exceptional normative quality, such as, for example, in prenatal genetic screening and diagnosis of untreatable conditions. Here, the clinically acquired practical knowledge of the non-geneticist could be particularly misleading insofar as there is no relation to therapy and—in a narrow sense—no clinical utility to be assessed. Non-geneticists need a chance to acquire the relevant theoretical and practical knowledge in order to understand and fulfil their own duties in the respective situations in a way that secures the important rights at stake of their patients and clients. (shrink)