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)

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)

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)

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...

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 (...) 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)

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)

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)

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 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)

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)

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)

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)

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)

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 is witness, a unique structure, an exception to the rule of being, irreducible to representation, only of the Infinite (OB 146). It is with this excessive phrase that Levinas collects his thoughts on testimony. How are we to understand this excess? If the phrase is excessive, it is not an exaggerated phrase — not a phrase which, by its very exaggeration, would hold that testimony achieves its supreme signification in religious experience. It is not a question here of (...) giving value to the primacy of religious experience over all other experience, but rather a question of showing that religion, understood as the relation to the holy, to what is absolutely separate, is not of the nature of experience — that is, not of the nature of comprehension and thematization, if experience means thematization. The religious manifests no primacy here, but rather an irreducible singularity, an exception. If there is a restriction, it is not to the benefit of an experience, but rather to that which escapes experience, to the benefit of what alone gives rise to no experience. The Infinite is not the witnessed par excellence, the supreme witnessed (the supreme witness falling to the supreme existent), but that to which we can only bear witness and which alone gives rise to a testimony: “testimony does not thematize that of which it is the witness, and as such it can be a witnessing only of the Infinite” (GDT 196–97). That one can bear witness only to the Infinite means that one can bear witness only to that which absolutely escapes experience, which consequently means that “testimony . . . does not presuppose an experience”(GDT 197). (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.

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

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 this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

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)

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)

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)

According to most substantive axiological theories – theories telling us which things are good and bad – pleasure is nonderivatively good. This seems to imply that it is always good, even when directed towards a bad object, such as another person’s suffering. This implication is accepted by the Mainstream View about misdirected pleasures: it holds that when someone takes pleasure in another person’s suffering, his being pleased is good, although his being pleased by suffering is bad. This view gains some (...) of its popularity from the advantages of an axiological theory that is structured in the way advocated by Brentano. However, I argue that we should reject the Mainstream View, in favour of an alternative suggested by Aristotle: this distinguishes between nonderivative goodness and exceptionless goodness. When it is good, being pleased is good nonderivatively – but it is not always good. The aim of the paper is to show how a Brentano-style theory can be modified to accommodate this alternative view, and how that supports a case for accepting it. (shrink)

Drug exceptional access programs (DEAPs) exist across Canada to address gaps in access to pharmaceuticals. These programs circumvent standard procedures, raising epistemic, economic, social and political issues. This commentary provides insights into these issues by revealing the context and procedures on which these programs depend.

La philosophie, comme les sciences humaines et sociales, est traversée par une antinomie qui fonde la conception commune de l'être humain : d'un côté, comme espèce biologique, il fait partie des êtres vivants ; de l'autre, l'homme possède une dimension ontologique en vertu de laquelle il transcende sa propre réalité et celle des autres formes de vie.

abstract In what follows I respond to Henry Shue's paper by focusing on three principal themes. The first is the relation of philosophical theory to practice, in which I agree that philosophers have to run the risks attendant upon applying reason to concrete cases. The second is the use of examples in moral philosophy, in particular the example used in the justification of torture as an exception; here I draw distinctions between different types of examples in philosophy and the (...) uses to which they are put. Thirdly, in a brief consideration of our responses to climate change I suggest that, contra Shue, we are not being asked to go beyond a normal requirement so much as to re-establish the boundaries of what counts as normal. (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)

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

It is of great use to the sailor to know the length of his line, though he cannot with it fathom all the depths of the ocean. It is well he knows that it is long enough to reach the bottom at such places as are necessary to direct his voyage, and caution him against running upon shoals that may ruin him.

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)

Ratio Juris, Volume 35, Issue 2, Page 139-157, June 2022.

This paper argues that Spinoza held substances other than God to be inconceivable. It uses this claim to develop a novel response to the Problem of Other Substances, the problem of explaining why some of Spinoza’s proofs for God’s existence cannot be used to prove the existence of a non-divine substance instead.

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...

Do we mentally simulate olfactory information? We investigated mental simulation of odors and sounds in two experiments. Participants retained a word while they smelled an odor or heard a sound, then rated odor/sound intensity and recalled the word. Later odor/sound recognition was also tested, and pleasantness and familiarity judgments were collected. Word recall was slower when the sound and sound-word mismatched. Sound recognition was higher when sounds were paired with a match or near-match word. This indicates sound-words are mentally simulated. (...) However, using the same paradigm no memory effects were observed for odor. Instead it appears odor-words only affect lexical-semantic representations, demonstrated by higher ratings of odor intensity and pleasantness when an odor was paired with a match or near-match word. These results suggest fundamental differences in how odor and sound-words are represented. (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)

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 article concerns the validity of six canonical rules that institutional review boards use to constrain the behavior of investigators. These rules require investigators to design their studies in a scientifically valid way, not pay their subjects to take risks, minimize risks to their subjects, secure for their subjects access to effective interventions post-trial, not pay their subjects too much and allow their subjects to withdraw from the study unconditionally. Enforcement of these rules is problematic because there are other relationships (...) that seem to be like the investigator-subject relationship in all ethically relevant respects, such as the employer-employee and volunteer organizer-volunteer relationships, to which we would not dream of applying these same rules. Applying these rules in one context but not the others is a violation of ethical consistency I label “exceptionalism.” We should conclude that it is time to reexamine the validity of the six rules. (shrink)