Médicaments princeps vs. marché concurrentiel. De la motivation obligatoire,au contrôle des motifs médicaux ?

Physicians are free to prescribe the drugs they consider the best for their patients, and simultaneously required to seek healthcare’ cost-effectiveness — especially after patents expiry. While the physician choice of a given molecule is indisputable, French pharmacists gradually gained a large power to choose the brands on chemicals’ and biologics’ competitive markets. In May 2018, the highest judicial Court decided the physician must expressly motivate his exclusive choice of a given brand, and can not simply refuse the brand’ substitution by pharmacists. This unprecedented requirement is extrapolable to all substitutable drugs in France (registered generics and biosimilars). It raises the possible examination of medical choice motives — but in our opinion, it finishes, rather than it opens the arms race between prescribers and mandatory health insurers in France.     

A gradual reformation: empirical character and causal powers in Kant

According to Kant each person has an empirical character, which is ultimately grounded in one’s free choice. The popular Causal Laws interpretation of empirical character holds that it consists of the causal laws governing our psychology. I argue that this reading has difficulties explaining moral change, the ‘gradual reformation’ of our empirical character: Causal laws cannot change and hence cannot be gradually reformed. I propose an alternative Causal Powers interpretation of empirical character, where our empirical character consists of our mind’s causal powers. The resulting picture of empirical character allows for moral change and Kantian weakness of will.     

Freedom of Expression,Laïcité and Islam in France: The Tension between Two Different (Universal) Perspectives

ABSTRACT

In France, freedom of expression is perceived as a sort of liberté matricielle, a matrix of other fundamental freedoms. As such, it is reflected in many constitutional provisions, including those referring to religion. In addition, the practical exercise of freedom of expression remains strictly linked with the principle of laïcité, which is part of the institutional, legal and intellectual history of the French Republic and has even become the basis of its founding “values.” All this, however, also implies an accentuation of individual freedom of expression, which normally takes precedence over the protection of religions, sometimes justifying caricature of divinities, rules, rites and symbols. The legal cases related to the right to satirical expression are examples of this. The article underlines the role of freedom of expression in the light of the principle of laïcité, which normally rejects the communitarian dimension of religious rights, which may explain some important aspects of, on the one hand, the evolution of legislation regarding both hate speech and blasphemy within French liberal constitutionalism and, on the other, the relationship between freedom of expression and the secular state. This approach offers a possibility of better evaluating existing French law in relation to some religious nomoi groups, specifically, Islamic organizations. These issues are particularly analysed from two perspectives: the right to criticize or challenge religions and the right to satirize. This analysis makes it possible to identify the legal limits of freedom of expression before and after the 2015 Charlie Hebdo tragedy and highlights the difficulties faced by the so-called laïcité à la française in dealing with today's multicultural societies. The need emerges for a proper balance to be struck between religious diversity and protection of human rights – not only the rights of groups to be different, but also the rights of persons within these groups, which also involves the efforts of religious denominations to articulate their claims in order to make them more compatible with constitutional rights, including those referring to freedom of expression.     

Articles of Faith: Freedom of Expression and Religious Freedom in Contemporary Multiculture

ABSTRACT

This article examines the relationship between freedom of religion and freedom of speech and expression within contemporary multicultural liberal democracies. These two fundamental human rights have increasingly been seen, in public and political discourse, in terms of tension if not outright opposition, a view reinforced by the Charlie Hebdo killings in January 2015. And yet in every human rights charter they are proximate to one another. This essay argues that this adjacency is not coincidental, that it has a history and that, in illuminating this history, it is possible to explore how the contemporary framing of these two rights as being in opposition has come about. Looking back to the framing of the First Amendment of the US Constitution, the essay offers an historical perspective that, in turn, facilitates a reappraisal and re-evaluation of these two liberties that is the necessary, albeit insufficient, predicate to the task of addressing the problematic of multicultural ‘crisis' in the contemporary liberal democracies of Western Europe, North America and Australasia, in which the presence of certain religious communities (Muslims, in particular) and the role of religion in public and political life more generally (and, conversely, of secularism) has assumed a central importance.     

Kant and the Problem of Recognition: Freedom,Transcendental Idealism,and the Third-Person

Kant wants to show that freedom is possible in the face of natural necessity. Transcendental idealism is his solution, which locates freedom outside of nature. I accept that this makes freedom possible, but object that it precludes the recognition of other rational agents. In making this case, I trace some of the history of Kant’s thoughts on freedom. In several of his earlier works, he argues that we are aware of our own activity. He later abandons this approach, as he worries that any awareness of our activity involves access to the noumenal, and thereby conflicts with the epistemic limits of transcendental idealism. In its place, from the second Critique onwards, Kant argues that we are conscious of the moral law, which tells me that I ought to do something, thus revealing that I can. This is the only proof of freedom consistent with transcendental idealism, but I argue that such an exclusively first-personal approach precludes the (third-personal) recognition of other rational agents. I conclude that transcendental idealism thus fails to provide an adequate account of freedom. In its place, I sketch an alternative picture of how freedom is possible, one that locates freedom within, rather than outside of nature.     

Embodied Paths in Aging: Body Journeys Towards Enhanced Agency and Self-Attunement

Informed by the Developmental Theory of Embodiment, the article describes the embodied journeys of 31 women, ages 50 to 70 years, who participated in 52 life-history interviews, and delineates the implications of the theory and the research program to the practice of feminist therapy with women in older adulthood. In the domain of Physical Freedom, a core construct of the theory, the research suggests that women at these ages often seek to re-capture experiences of joyful immersion and competence in physical action as well as of moving freely and taking space in the physical territory; safety where it has been violated; and attuned comfort and agency with physical desire. In the domain of Mental Freedom, another core construct of the theory, the research suggests that women in later adulthood aim to challenge long-held constraining ‘feminine’ molds, such as inhabiting the body as an object to be gazed at and as a deficient site, caring for others at the expense of oneself, or acting demure and submissive. Older adulthood seems to be a productive phase for transformations in the way women engage with the world.     

Freedom and the psychoanalytic ontology of quantum physics

Jung's paper ‘Synchronicity – an acausal connecting principle’, defining the phenomenon as a ‘meaningful’ coincidence depending on archetypal activation, was published in 1952, together with a conceptually related piece by physicist and Nobel Laureate Wolfgang Pauli entitled, ‘The influence of archetypal ideas on the scientific theories of Kepler’. Slavoj ?i?ek, in The Indivisible Remainder: On Schelling and Related Matters, suggests that, in contrast to any notion of a ‘pre‐modern Jungian harmony’, the main lesson of quantum physics was that not only was the psychoanalytic, empty subject of the signifier constitutively out‐of‐joint with respect to the world, but that the Real in itself was already incomplete, out‐of‐joint, ‘not‐all’. Yet while ?i?ek frequently tries to separate Jung from his own ontology, this paper shows that his ontology is not as different as he suggests. Consistent with our earlier publications on Jung and Zizek, a closer investigation reveals an underlying congruence of both of their approaches. In this paper we show that this affinity lies in the rejection by both Jung and ?i?ek of the ideology of reductive materialism, a rejection that demonstrably draws on quantum physics in similar ways. While Jung posits an inherently meaningful universe, ?i?ek attempts to salvage the freedom of human subjectivity by opposing his Lacanian ‘dialectical materialism’ to reductive materialism.     

Human Rights and Religion: A Sociological Perspective

This essay aims to review mainstream literature and research perspectives on the sociology of human rights with the further focus on relationship between human rights and religion. We consider the challenges of late engagement of sociology with human rights and current narratives of the relationship of human rights and religion that encompass normativity as the central category of historically oriented sociology. We discuss the contribution of two empirical research mainstreams on human rights and religion and focus on a new field of study—sociology of religious freedom. A detailed new agenda for sociological research on human rights and religion is explored in the final part of our assessment.     

Christ’s Love,Peace, Justice,and Freedom Seen against the Challenges of the Modern World

This is an edited version of an address given in Paralimni at the Open University of Cyprus in January 2019 during a meeting of the assembly planning committee of the World Council of Churches (WCC), hosted by the Archdiocese of Constantia and Ammochostos. It is a reflection on the theme set for the WCC’s 11th Assembly in Karlsruhe, Germany, in 2021, “Christ’s love moves the world to reconciliation and unity.”