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)

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)

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 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)

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)

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)

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)

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 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)

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)

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)

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)

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)

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 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 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)

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 essay develops three key claims made in my 2018 book, Exceptional Technologies. Part one argues for ‘trivialising the transcendental’, to remove stigmas attached to the word ‘transcendental’ in philosophy in general and philosophy of technology in particular. Part two outlines the concept of ‘exceptional technologies’. These are artefacts and practices that show up as limit cases for our received pictures of what constitutes a ‘technology’ and that force us to reassess the conditions for the possibility of these pictures. I (...) focus on the case of autonomous vehicles here, arguing that Google Street View provides a relatively better picture for approaching philosophical issues at stake than the famous ‘Trolley Problem’. Part three then concludes with a focus on Heidegger’s ‘Question Concerning Technology’ essay. Heidegger asserts that philosophical questioning ‘builds a way’. I argue that philosophical approaches to technologies might better be considered in terms of a multidimensional problem space. (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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

Private copying exception is an exception to copyright which is present both in Lithuanian national law and law of the European Union. Recent jurisprudence of Court of Justice of the European Union interpreted legal regulation of private copying exception in the laws of the European Union. The mentioned jurisprudence raised concern whether Lithuanian copyright laws on private copying exception and their interpretation in case law of Supreme Court of Lithuania are compatible with the European Union law. This paper analyses the (...) nature and intention of private copying exception, its reflection in Lithuanian and European copyright law and evaluates Lithuanian laws and case law in the light of recent jurisprudence of the Court of Justice of the European Union. The authors conclude that recent jurisprudence of the Court of Justice of the European Union on private copying exception shall not lead to any dramatic or substantial changes of Lithuanian national copyright laws. (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)

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 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)

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)

Over the last decades the traditional emphasis on moral rules, or principles, has been attacked by particularists like Jonathan Dancy. I argue that particularists are correct in rejecting traditional attempts at moral codification, but that it is still possible to have a rule-oriented approach to morality if we distinguish between different ways in which features can be morally relevant. I suggest that there are first a limited number of features that can serve as basic moral reasons for action, and then (...) a class of relational features that can change the relevance of these features. I then argue that while particularists do well in drawing attention to the fact that sometimes our basic moral duties are put out of play by other relevant features, they fail to make sense of the exceptional nature of such situations. Only a rule-oriented understanding of morality can do this. (shrink)

abstract This article refutes Henry Shue's claim that in the case of preventive military attacks it is sometimes morally permissible to make an exception to the fundamental principle regarding the inviolability of individual rights. By drawing on a comparison between torture and preventive military attacks, I will argue that the potential risks of institutionalizing preventive military attacks — what I call the Institutionalizing Argument — are far too great to even contemplate. Two potential risks with setting up a bureaucracy which (...) specializes in preventive military attacks will be highlighted: that any preventive military strike may nourish a cycle of violence that will inevitably cause more deaths and destruction than could ever be justified; and that such preventive military strikes may be abused by political leaders in a desperate effort to hold on to power, including democratically elected political leaders working within a democratic framework. (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 (...) 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)