The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, and (...) heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

The problem of moral sunk costs pervades decision-making with respect to war. In the terms of just war theory, it may seem that incurring a large moral cost results in permissiveness: if a just goal may be reached at a small cost beyond that which was deemed proportionate at the outset of war, how can it be reasonable to require cessation? On this view, moral costs already expended could have major implications for the ethics of conflict termination. Discussion of sunk (...) costs in moral theorizing about war has settled into four camps: Quota, Prospect, Addition, and Discount. In this paper, I offer a mathematical model that articulates each of these views. The purpose of the mathematisation is threefold. First, to unify the sunk costs problem. Second, to show that these views differ in the nature of their justifications: some are justified qualitatively and others quantitatively. Third, to clarify the differential force of qualitative and quantitative critiques of these four views. (shrink)

Despite his commitment to freedom, Leibniz’ philosophy is also founded on pre-established harmony. Understanding the life of the individual as a spiritual automaton led Leibniz to refer to the puzzle of the way out of determinism as the Labyrinth of Freedom. Leibniz claimed that infinite complexity is the reason why it is impossible to prove a contingent truth. But by means of Leibniz’ calculus, it actually can be shown in a finite number of steps how to calculate a summation of (...) infinite parts. It appears that the analogy Leibniz drew between the mathematics of infinite series and the logic of contingent truths did more harm than good. A solution consistent with Leibniz’ perception of infinity is proposed. Alongside the existence of the aforementioned analogy, it is based on a disanalogy between the mathematics of infinite series and the logic of infinitely complex truths. This is a disanalogy that Leibniz had already used to solve the Labyrinth of Continuum which he declared more than once could, like the Labyrinth of Freedom, be solved by means of the nature of infinity. The solution of both labyrinths is based on the fictitiousness of the infinitesimal. (shrink)

Hobbes left a complicated legacy for the English Whigs. They thought that his Leviathan was all too powerful, but they found other elements in his thought more appealing – mostly his anticlericalism. Still, the precise relationship between Hobbes and the Whigs has remained underexplored, while some still argue that Hobbes was simply too much of an absolutist for the Whigs to rely on his political ideas. This article attempts to show that Hobbes was, in fact, recruited by proto- and early (...) Whigs for their causes. It shows how Hobbesian ideas were used in the toleration debates of the 1660s and 1670s, and even in debates on human reason and liberty of conscience. Then it demonstrates how similar Hobbesian principles, and even phrases, were used subsequently in the formative years of Whiggism from the 1680s to the 1720s, by thinkers who were worried, as Hobbes was, about the political aspirations of the Church. By collecting a series of prominent thinkers who are associated with Whiggism and who engaged with Hobbes in various ways – including Buckingham, Marvell, Cavendish, Warren, Blount, Tindal, Trenchard and Gordon – this article shows that Hobbes was employed systematically in the service of Whig causes, such as limited toleration, civil religion and an opposition to religious persecution. (shrink)

Im November 1672 schloss Leibniz, dass ein Kontinuum nicht aus Punkten besteht. Der Beweis, der als Diagonal-Paradox Bekanntheit erlangte, wurde von Leibniz vorgebracht, nachdem er die Existenz einer unendlichen Zahl verneint hatte. Vor kurzem haben mehrere Kommentatoren darzustellen versucht, dass der Leibniz'sche Beweis, unter dem Aspekt von Cantors Mengenlehre und seiner Lehre von den Kardinalzahlen gesehen, nicht stichhaltig sei. In diesem Artikel unternehme ich den Versuch, die philosophischen Annahmen, denen Leibniz' Gebrauch des Diagonal-Paradox unterliegt, offenzulegen, um zu zeigen, dass eine (...) solche Kritik unmöglich ist. Die Kritik gründet sich auf die Forderung, zwischen zwei Wegen, Größen miteinander zu vergleichen, zu unterscheiden; jedoch hatte Leibniz solch eine Unterscheidung schon im Sinn, die er 1672 aber vermeiden wollte. Gegen Ende 1670 dachte Leibniz, dass ein Weg existiere, ein Kontinuum aus Punkten durch eine Unterscheidung zwischen der Ausdehnung eines Körpers und seiner Größe zusammenzusetzen. Diese Unterscheidung erlaubte es Leibniz ebenfalls, verschiedene Größen gleichzusetzen und somit dem Diagonal-Paradox auszuweichen. Im November 1672 versuchte Leibniz jedoch, diese Unterscheidung zwischen Ausdehnung und Größe zu vermeiden, weil er davon überzeugt war, dass eine unendliche Zahl nicht möglich ist, was ihn dazu brachte, den Punkt als einen Bestandteil des Kontinuums zu verneinen. (shrink)

Much of revisionist just war theory is individualistic in nature: morality in war is just an extension of morality in interpersonal circumstances, so that killing in war is subject to the same moral principles that govern personal self-defense and defense of others. Recent work in the ethics of self-defense suggests that this individualism leads to a puzzle, which I call the puzzle of aggregation, when many threateners contribute to a single threatened harm. In this paper, I investigate the moral problems (...) posed by the puzzle of aggregation and develop a novel account recently proposed by Jeff McMahan, which he calls “proportionality in the aggregate”. I argue that accepting proportionality in the aggregate as a moral constraint on the use of force has significant implications for the ethics of war and self-defense. (shrink)

This book presents Jewish thought as a new perspective for perceiving and examining Heidegger's philosophy in relation to the Western intellectual tradition, offering new and constructive directions for the current Black Notebooks debate and featuring work by the leading authors of that debate.

This article responds to the challenge of decolonizing epistemic injustice by offering the project of inter-epistemic thought or ‘Inter-Epistemology'. The point of departure is a critical epistemology of Western science, which seeks to go beyond the negative moment of self-critique. Instead, it seeks to confront Western science with actually existing divergent systems of knowledge. This kind of confrontation implies epistemic plurality and requires the theory and methodology of inter-epistemic knowledge. The paper argues that a main challenge to inter-epistemic theory is (...) the paradox of knowing the epistemic other. To face this challenge, it is proposed that the preliminary task of inter-epistemology is not to overcome the absence of the epistemic other but to overcome the simulated other, through operations of un-knowing. (shrink)

The question as to what makes something “fake” is not an ordinary one. It bears traces of the very beginning of philosophy, where Plato faced the need to discern between the true and the false clai...

Conflict is neither necessary nor sufficient for the existence of groups. First, the existence of mutually supporting, rather than antagonistic, interactants is sufficient to constitute a “social group.” Second, conflict does not necessarily mark group boundaries but can also exist within an ingroup. Third, psychological representations of social groups do not only trace, but also perpetuate the existence of groups.

In this paper, dealing with Platonic and Stoic dialectic in Philo, I wish to make a proposal that may offer some solution to the problem of the surprising absence of a proper use of the dialectic of the late Platonic dialogues in Philo’s works. Philonic scholars have not, to the best of my knowledge, raised this question; but Philo’s very rare allusions to Plato’s later dialogues were noted in David T. Runia’s comprehensive study on Philo and Plato’s Timaeus.

Whenever we think of impostors, we tend to think of liars. Yet impostures cannot be phenomenologically reduced to lies. Every lie presupposes a distinction between true and false, and it operates through a negation of reality, presenting falsity as truth and vice versa. An imposture, on the other hand, seeks to erase the distinction between true and false altogether. An impostor constructs a fiction that aims at substituting reality. In this process, an entire network of lies is put to work (...) in order to attain the ontological status of the real. This results in a dynamic that deprives truths of their authority, while making untruths highly potent in terms of their capacity to produce effects. (shrink)

Semantic Network Analysis in Social Sciences introduces the fundamentals of semantic network analysis and its applications in the social sciences. Readers learn how to easily transform any given text into a visual network of words co-occurring together, a process that allows mapping the main themes appearing in the text and revealing its main narratives and biases. Semantic network analysis is particularly useful today with the increasing volumes of text-based information available. It is one of the developing, cutting-edge methods to organize, (...) identify patterns and structures, and understand the meanings of our information society. The first chapters in this book offer step-by-step guidelines for conducting semantic network analysis, including choosing and preparing the text, selecting desired words, constructing the networks, and interpreting their meanings. Free software tools and code are also presented. The rest of the book displays state-of-the-art studies from around the world that apply this method to explore news, political speeches, social media content, and even to organize interview transcripts and literature reviews. Aimed at scholars with no previous knowledge in the field, this book can be used as a main or a supplementary textbook for general courses on research methods or network analysis courses, as well as a starting point to conduct your own content analysis of large texts. (shrink)

This article shows how Schmitt’s work is animated by a fundamental conflict between two concepts of conflict: the one is Schmitt’s own, war, polemos, and the other one is discussion, dialogue, conversation or polemics, which may be said, accordingly, to be Schmitt’s foe. Schmitt’s project is thus described as a conflict between war and discussion: polemos vs polemics, an inner war within the notion of war. The article contemplates this basic configuration and points at some of its major significations for (...) Schmitt’s political theology and theory of state and international law. (shrink)

This paper considers the problem of how to evaluate an offender’s criminal record. This evaluation is part of the sentencing process carried out by a judge, and may be complicated in the case of offenders with a heavy record. We give a comprehensive overview of the approach to an offender’s past record in various (Western) countries, considering the two major approaches: desert-based and utilitarian. The paper describes the determination of the parameters involved in the evaluation, and the construction of a (...) decision support system to be used by a judge about to pass sentence in a criminal case. The system may be used as a stand-alone system, but can also be integrated as a component of a general sentencing support system, e.g. a statistical sentencing information system. The system is a knowledge-based system. The knowledge base (in rule-form) was created primarily by eliciting knowledge from experts (judges, lawyers, academics and probation officers), but also by applying statutory law, case law and legal authoritative texts. It is flexible in the sense, that a user can introduce his1 own preferences (expressed as numerical coefficients) and thereby apply different sentencing principles. The prototype is at present undergoing testing by some of the participating judges. (shrink)

In response to foreign interference in elections, warlike language is understandable. As a hostile violation of sovereignty, election meddling fits one technical description of an invasion. However, just war theory, the most influential source of objective guidance for the ethical prosecution of wars, and the philosophical heart of international law concerning war, offers a sobering rejoinder. The theory suggests that, while election meddling is in fact a belligerent act, no actual use of military force could ever be ethically justified as (...) a response. (shrink)

Robert Wallace (1697–1771) was a leading minister of the Church of Scotland, but he remains a largely overlooked figure in the literature. Nevertheless, his participation in philosophical and theological debates offers a glimpse of the complex positions of the Scottish clergy – and of Scottish moderation on its own terms. Wallace’s moderation was evident, for example, in his opposition both to radical deism and orthodox dogmatism. Yet what makes Wallace’s case particularly interesting is that he described himself as a ‘moderate (...) freethinker’ in a letter to David Hume, while distinguishing elsewhere the ‘moderate’ and ‘sober’ freethinkers from the dangerously sceptical ones. Exploring his consistent statements on this issue in various writings throughout his career, this article investigates the self-identified moderation of Wallace – in opposition, for example, to his rival freethinker William Dudgeon – and thus the clergy’s attempt to use this category in the shaping of their vision of the Scottish Enlightenment. (shrink)

Sartre’s thinking in L’être et le néant is driven by a conceptual choice that radically breaks with the philosophical spirit of Sein und Zeit and, in the same gesture, problematizes it. This rupture involves three moments. The first moment appears when Sartre transforms Heidegger’s emphasis on ‘being and time’ into ‘being and nothingness’. The second moment occurs when that transformation effectuates a conceptual shift which results in the inversion of the relationship that Heidegger establishes between anxiety and freedom: whereas in (...) Sein und Zeit anxiety is the precondition of freedom, in Sartre freedom becomes the precondition of anxiety. Finally, in the third moment, the absolute primacy of spontaneity in L’être et le néant ultimately serves as the cornerstone for Sartre’s reevaluation of truth, challenging the fundamental concept of ‘Geworfenheit’ in Sein und Zeit. Unlike Heidegger’s view where truth (alètheia) coincides with existence, in L’être et le néant, truth is portrayed as an ongoing struggle: consciousness must consistently fight against it in bad faith or forcefully liberate it from bad faith. Together, these three moments constitute the primary components of Sartre’s originality in relation to Heidegger’s fundamental ontology. (shrink)

This article reflects on the work of Emmanuel Levinas as a textual site for the critique of the notion of Jewish epistemic difference. The first part discusses critical readings of Levinas, which indicated how his Jewish otherness grounds powerful sameness, of oppressive and imperial nature. The strongest thrust of this critique is characterized as postcolonial. The second part suggests a hermeneutics perspective on Levinas’s work for a reading whereby Levinas himself anticipated contemporary critique and in response to it developed what (...) can be called a decolonial notion of Jewish difference—“decolonial Israel.” The third part offers a reading in Levinas’s work that indicates the horizon for this possible reading. (shrink)

Anthony Collins is known mostly as an eighteenth-century freethinker who contributed to ideas of rational religion and religious toleration, as a close friend of John Locke, and as a necessitarian and materialist who held a significant correspondence with Samuel Clarke. Yet, his political philosophy has rarely received serious attention, and he remains a neglected figure in the history of political thought. This article attempts to recover Collins as a philosopher who developed a complex political theory, by focusing on his conceptions (...) of liberty and authority. It shows that he conceptualised liberty, and liberty of thought in particular, both as non-interference and non-domination, namely, an absence of censorship as well as an absence of continuous tyranny over the minds of humankind. Then, it shows that Collins also developed a thorough idea of civil authority, according to which even religious liberties may depend in some cases on the discretion of the civil sovereign. Finally, this article suggests that Collins’s multi-layered theory continued to develop after his lifetime, and that he therefore had a prominent place in eighteenth-century debates of liberty and authority. (shrink)

_ Source: _Volume 31, Issue 2, pp 166 - 187 The connection that Hobbes makes between reason, method, and science renders reason a faculty that is not only natural but also acquired and even somewhat exclusive. This idea might pose a serious problem to Hobbes’s political theory, as it relies heavily on the successful use of reason. This problem is demonstrated in Hobbes’s account of the laws of nature, for which some equality in human reason is clearly needed, but Hobbes (...) is not explicit about the relationship between that and the more advanced form of reason that eventually leads to science. This article suggests that Hobbes’s account of reason is developmental. The seed of natural reason is common to everyone, and is sufficient for the establishment of the commonwealth. Thereafter, peace and leisure provide the necessary conditions for developing the rational skill, that is, fulfilling the human potential for rationality. Consequently, under the right circumstances, knowledge and science are expected to progress dramatically for the benefit of society, an open-ended vision which Hobbes nevertheless leaves implicit. Following Hobbes’s account of reason and philosophy closely can therefore show that he might have had great hopes for humankind, and that in this sense he was a key member of an English Enlightenment. (shrink)

The article argues that feminist emancipation, understood as practices and discourses of self-development and of solidarity as empowerment, has become entangled with the neoliberal project. Indeed, emancipation as self-improvement has become synonymous with moral regulation projects that seek to adapt women to global capitalism. The article explores the relation between emancipation and neoliberal regulation from a situated approach by addressing the experience of Latin American feminisms, with a particular focus on Chile. This approach recognizes by implication that Latin American feminisms (...) are co-extensive, or coeval, with North American and European ones, and are not merely derivative forms. (shrink)

This book reflects on the role that the opposition to anti-Semitism has been playing in shaping political philosophy after the Holocaust. Its premise is that in post-Holocaust philosophy anti-Semitism has become a paradigm of evil ideology or politics, a negative Politeia. The analysis proceeds through critical readings in prominent political philosophers, from Adorno, Horkheimer, Jean-Paul Sartre and Hannah Arendt, to Alain Badiou and most recently Jean-Luc Nancy, as well as the debates and contemporary scholarship around them. Through these readings the (...) book develops a critical observation, demonstrating how post-Holocaust philosophy has identified the fundamental, epistemological evil of anti-Semitic thought not in thinking against Jews, but in thinking of Jews. In other words, so the book’s claim, what philosophy has been denouncing as anti-Semitic is the figure of “the Jew” in thought. The book thus reveals how it is paradoxically the opposition to anti-Semitism that has been generating in post-Holocaust philosophy a rejection of Jewish thought. With respect to this rejection, this book makes two claims: first, that in rejecting Jewish thought the opposition to anti-Semitism comes dangerously close to anti-Semitism; second, that at work in this rejection is a problematic understanding of the relations between politics and thought, i.e. a problematic “political epistemology”. It is the critique of this political epistemology, as foundational for contemporary political thought, which is the ultimate aim of the book. The book’s original contribution consists in offering the first systematic analysis of the contemporary philosophical problem of anti-Semitism and the opposition to anti-Semitism. It intervenes in current conversations on the relations between Western philosophy, anti-Semitism and Jewish thought, the relation between politics and truth, and the relations between religion and race, among others in the context of the critiques of orientalism and secularism as well as post-colonial theory. (shrink)

State of Others: Levinas and Decolonial Israel explores the relations between post-Holocaust Jewish thought and postcolonial thought through the work of Emmanuel Levinas. In the last decade, thinkers have criticized Levinas for his Eurocentrism; however, author Elad Lapidot argues that Levinas anticipated this critique and, from the 1960s onward, began setting the foundations for decolonial Jewish thought-and for decolonial Zionism. State of Others offers an innovative analysis of Levinas's intellectual project as articulated around a turn in the year 1968. (...) This turn relates to the relationship between Judaism and Western civilization. Prior to 1968, Levinas considered the historical Jewish collective, Israel, as the avant-garde of Western humanism. After 1968, with the rise of decolonial discourse, Levinas's concept of Israel shifts roles and becomes the paradigmatic victim of Western imperialism. State of Others demonstrates how Levinas simultaneously developed his dual narratives-before and after the pivotal year of 1968-across his philosophical and Jewish writings, with a special emphasis on the Talmudic Readings. It presents for the first time a cohesive overview of Levinas's writings, both early and late, as interconnected components of a singular intellectual endeavor. The ethical principles concerning the other, as articulated by Levinas, are conceptually linked to his reflections on the State of Israel. (shrink)

This paper will revitalize the notion of force in Sartre’s phenomenology by reinterpreting thrown-projection as propulsion. From there, Sartre’s analysis of agency will be explored as regards the constitutive moments pertaining to the dynamics of striving. We will see that such striving relates to Deleuze’s ideas on how bodily forces take consciousness into possession. In the final steps of the analysis, it will turn out that freedom is dependent on a rupture that emerges from self-determination of consciousness, which is itself (...) not of the order of freedom. (shrink)

A Hobbesian utopia might sound paradoxical. Hobbes never prescribed a utopia per se, and he is well-known for his practical and pragmatic approach to human nature and to politics. Yet, this article identifies several utopian elements in Hobbes, starting with the ways in which his contemporaries thought of his work as utopian. Following Galileo and others, Hobbes might have been part of a utopian moment, or at least believed that he was, especially due to his novel and historic philosophy. Behind (...) his dystopian description of the state of nature there is a utopian vision of a civilized, peaceful, and industrious society, the result of true moral philosophy. Finally, the differences between Hobbes and Plato notwithstanding, there might be one overlooked similarity: if Plato designed a republic where Socrates would not have been persecuted, Hobbes might have designed a commonwealth that would produce and allow future Galileos to work without hindrance. (shrink)

Different kinds of fakery and imposture can be differentiated by means of the imaginary regimes within which a performative simulation unfolds. Engaging with Sartre’s analysis of the imaginary, we will identify three such regimes, calling them the objective, the reflective, and the phantasmatic. Each of these regimes involves its own kind of image and accordingly a specific type of simulation. It is proper to the objective image to attain dissimulation of the self by replacing the real with fiction. In the (...) reflective regime, the real is not substituted by the imaginary, but rather contaminated by it. Finally, whereas the objective and the reflective regimes operate within the sphere of intentional simulation, the phantasmatic image carries us beyond Sartre’s findings, as it shapes the very structure of pre-reflective disclosedness which provides the background for our projects. (shrink)

Ce qui suit tente de reconsidérer –contre la légende colportée par Auguste Cornu, entre autres , d’un «jeune Marx» encore «idéaliste»,– la conception de la philosophie sans laquelle Marx n’aurait à l’évidence pas pu être amené à affirmer, comme il le fait expressément dès 1843-44, la nécessité d’une «Aufhebung» de celle-ci entendue comme sa «négation […] en tant que philosophie». Conception déjà très fermement esquissée dans les Cahiers qu’il rédige vers 1840 en vue de la Doktordissertation de 1841, et qui (...) l’amène dès cette époque-là à une critique déjà très «radicale» –d’une radicalité que la découverte du «prolétariat» le conduira seulement à accentuer,– d’un idéalisme qu’il voit alors justement révéler au grand jour ce qu’il aurait de «contradictoire» dans la prétention des «jeunes-hégéliens» à «réaliser effectivement» dans le «monde» ce que «le maître», Hegel, serait parvenu à concevoir au titre de «l’Idée», à savoir: rien de moins que le moteur du processus historique tel qu’en sa processualité même. Dont acte pour qui se demanderait quelle pourrait encore être la portée de la philosophie aujourd’hui! (shrink)

Sporthandeln ist Körpertechnik, Einsatz und Inszenierung des sportlichen Körpers (zur zunehmenden Bedeutung des Körpers in der Sportphilosophie vgl. Caysa 2003a, b; Seewald 1996). Aber was ist unter diesem „Körper“ zu verstehen? Ist denn überhaupt der Singular – „der“ Körper – angemessen oder brauchen wir – wie wir am Beispiel der „zwei Körper des Königs“ (Ernst H. Kantorowicz) gelernt haben – mehrere Körper bzw. mehrere unterschiedliche Sprechweisen über diesen Körper des Athleten, der noch dazu – um die Fragestellung zu komplizieren – (...) als des Dopings überführter Teilnehmer an einem Wettbewerb des organisierten Sports angesetzt wird? In diesem Beitrag, der sich daher nicht mit dem Freizeit- oder Schulsport oder mit Fitnesspraktiken oder mit Bodybuilding befasst, sondern sich auf den sich dem Publikum präsentierenden Wettkampfsport beschränkt, werden vier Körper unterschieden und dargestellt. (shrink)