In this article, I claim that at least some young people have the requisite capacity for political participation, and that the exclusion of these young people is in breach of the reasonable expectation that all capable citizens are included in democratic processes. I suggest implementing a capacity test for those under the current age of majority. I outline a system of capacity testing for the youth, distinguish this proposal from prior attempts to justify capacity testing and argue that a suitably (...) constrained capacity testing regime is not simply defensible, but superior to the current system, which arbitrarily excludes some capable members of society from participation. Finally, I explain why only this limited capacity testing regime is acceptable. (shrink)

Moral capacity is an important feature of what it means to be human. In this volume, the contributors have taken on the daunting task of trying to distinguish between legal and moral capacity. This distinction is difficult at times for clinicians, philosophers and legal scholars alike. Part of the challenge of defining moral capacity lies in the difficulty of adequately categorizing it. For this reason, the editors have chosen to divide the book into three parts. The first looks at the (...) concepts involved in the discussion of moral capacity; the second considers the role of moral capacity in the lives of professionals; and the final part reflects on case studies of moral capacity or incapacity illustrating the challenge that moral capacity presents - its definition lying between two seemingly incommensurable models, those of the threshold and continuum. This volume takes a multidisciplinary approach to the subject, and ties the disciplines of medicine, philosophy and law into the health context. It will be of interest to medical health professionals as well as researchers working in the areas of philosophy and law. (shrink)

The dominant interpretation ofMetaphysicsΘ.8 commits Aristotle to the claim that the heavenly bodies’ eternal movements are not the exercises of capacities. Against this, I argue that these movements are the result of necessarily exercised capacities. I clarify what it is for a heavenly body to possess a nature and argue that a body’s nature cannot be a final cause unless the natural body possesses capacities that are exercised for the sake of its naturequaform. This discussion yields (...) a better understanding of what capacities are, what explanatory work capacities do, and what it is to possess a nature. (shrink)

"Powers and Capacities in Philosophy" is designed to stake out an emerging, discipline-spanning neo-Aristotelian framework grounded in realism about causal powers. The volume brings together for the first time original essays by leading philosophers working on powers in relation to metaphysics, philosophy of natural and social science, philosophy of mind and action, epistemology, ethics and social and political philosophy. In each area, the concern is to show how a commitment to real causal powers affects discussion at the level in (...) question. In metaphysics, for example, realism about powers is now recognized as providing an alternative to orthodox accounts of causation, modality, properties and laws. Dispositional realist philosophers of science, meanwhile, argue that a powers ontology allows for a proper account of the nature of scientific explanation. In the philosophy of mind there is the suggestion that agency is best understood in terms of the distinctive powers of human beings. Those who take virtue theoretic approaches in epistemology and ethics have long been interested in the powers that allow for knowledge and/or moral excellence. In social and political philosophy, finally, powers theorists are interested in the powers of sociological phenomena such as collectivities, institutions, roles and/or social relations, but also in the conditions of possibility for the cultivation of the powers of individuals. The book will be of interest to philosophers working in any of these areas, as well as to historians of philosophy, political theorists and critical realists. (shrink)

In this paper, I defend a new theory of the nature and individuation of perceptual capacities. I argue that we need a theory of perceptual capacities to explain modal facts about what sorts of perceptual phenomenal states one can be in. I defend my view by arguing for three adequacy constraints on a theory of perceptual capacities: perceptual capacities must be individuated at least partly in terms of their place in a hierarchy of capacities, where (...) these capacities include the senses themselves; an adequate account of perceptual capacities must be sensitive to empirical considerations; and an adequate account should accommodate the nature of the capacity to perceive. I arrive at these constraints by considering how Schellenberg’s view fails, before defending and developing my alternative in line with the constraints. I defend a view on which there are few, coarse-grained perceptual capacities which can fulfil complex explanatory roles because they are evaluatively gradable on many axes. Finally, on my view, perceptual capacities bear a particularly close relation to the sensory modalities themselves. (shrink)

Nancy Cartwright argues that so-called capacities, not universal laws of nature, best explain the often complex way events actually unfold. On this view, science would represent a world that is fundamentally "dappled", or disunified, and not, as orthodoxy would perhaps have it, a world unified by universal laws of nature. I argue, first, that the problem Cartwright raises for laws of nature seems to arise for capacities too, so why reject laws of nature? Second, that in so far (...) as there is a problem, it concerns the role of counterfactuals in explanation; I then briefly propose a simple model of counterfactual explanation. Finally, I investigate how a sophisticated version of the regularity theory of laws of nature (that of Ramsey-Lewis) can be neutral between the empirical hypotheses that the world is unified, and that the world is disunified. (shrink)

Intrigued by the possible paths that the evolution of religious capacity may have taken, the authors identify a series of six major building blocks that form a foundation for religious capacity in genus Homo. Homo neanderthalensis and Homo sapiens idaltu are examined for early signs of religious capacity. Then, after an exploration of human plasticity and why it is so important, the analysis leads to a final building block that characterizes only Homo sapiens sapiens, beginning 200,000–400,000 years ago, when (...) all the other cognitive and neurological underpinnings gradually came together. Because the timing of cognitive evolution has become an issue, the authors identify the time periods for these building blocks based on findings from modern cognitive science, neuroscience, genomic science, the new cognitive archaeology, and traditional stones-and-bones archaeology. The result is a logical, and even a likely story 55–65 million years long, which leads to the evolution of religious capacity in modern human beings. (shrink)

Business firms play an increasingly influential role in contemporary societies, which has led many scholars to return to the question of the democratisation of corporate governance. However, the possibility of democratic deliberation within firms has received only marginal attention in the current debate. This article fills this gap in the literature by making a normative case for democratic deliberation at the workplace and empirically assessing the deliberative capacity of self-organised teams within business firms. It is based on sixteen in-depth interviews (...) in six German firms which practice various forms of self-organised teamwork. The article argues that self-organised teamwork can create a space for authentic, inclusive, and consequential deliberation by suspending authoritarian control structures within business firms. Finally, the article proposes the consideration of firms not only as necessary parts of a larger deliberative system but also as deliberative systems in themselves. (shrink)

This paper deals with the particularities of vagueness in law. Thereby the question of the law’s capacity for vagueness is closely related to the question of the impact of vagueness in law, since exaggerated vagueness combined with the elasticity of legal interpretation methodology may affect the constitutional principles of legal certainty, the division of powers, and the binding force of statute. To represent vagueness and the instability of legal concepts and rules, a Hyperbola of Meaning is introduced, opposing Heck’s metaphor (...) of a core and a periphery of meaning. Furthermore, evidence is provided that the use of vague legal concepts and the capability of legal methodology to affect the specific meaning of those concepts, may give rise to astonishing and irrational changes of meaning of the law. Finally the paper sets out in search of an added value of vagueness in law, and weighs several stated pros and contras of vagueness. The paper is written against a background of the German speaking realm. (shrink)

The authors delineate the nature and neglect of integrity capacity and global business citizenship by world business leaders. They discuss how the philosophical analysis of moral and economic complexity enhances judgment integrity capacity and global business citizenship. Finally, the authors recommend positive action steps to improve global business citizenship and leadership integrity capacity through a balanced and inclusive pluralistic economic philosophy.

This book provides a political, economic, and sociological investigation of how neoliberalism shapes 'working class capacities,' or the power of the working class to organize and struggle for its collective interests. Efe Can Gürcan and Berk Mete discuss the global importance of the labor question as it pertains to Turkey. They apply the main theoretical framework of the combined and uneven development of class capacities to Turkish trade unionism. They also address Turkey's recent history of neoliberalization and its (...) repercussions for class capacities, as mediated by national regulations, conservative unionism, and Islamic social assistance networks. Finally, the authors explore how neoliberalism generates intra-class fragmentation through public regulatory mechanisms and cultural differentiation in the sphere of social unionism. (shrink)

In Morals by Agreement, David Gauthier tries to provide a justification of morality from morally neutral premises within the constraints of an instrumental conception of reason. But his reliance on this narrow conception of reason creates problems, for it suggests that moral motivation is self-interested. However, Gauthier holds that to act morally is to act for the sake of morality and others, not oneself. An individual who so acts has what he calls an affective capacity for morality. He attempts to (...) reconcile the tension between the self-interested account of moral behaviour and the affective capacity for morality by showing that the latter could develop from the former without violating the constraints of instrumental rationality. I argue, first, that his account is incomplete and assumes what it has to demonstrate; and, second, that this cannot be remedied with any plausibility. Finally, I argue that Gauthier covertly relies on a substantive claim about human good that is inconsistent with the instrumental conception of reason. (shrink)

This study introduces visual cognition into Lithium-ion battery capacity estimation. The proposed method consists of four steps. First, the acquired charging current or discharge voltage data in each cycle are arranged to form a two-dimensional image. Second, the generated image is decomposed into multiple spatial-frequency channels with a set of orientation subbands by using non-subsampled contourlet transform. NSCT imitates the multichannel characteristic of the human visual system that provides multiresolution, localization, directionality, and shift invariance. Third, several time-domain indicators of the (...) NSCT coefficients are extracted to form an initial high-dimensional feature vector. Similarly, inspired by the HVS manifold sensing characteristic, the Laplacian eigenmap manifold learning method, which is considered to reveal the evolutionary law of battery performance degradation within a low-dimensional intrinsic manifold, is used to further obtain a low-dimensional feature vector. Finally, battery capacity degradation is estimated using the geodesic distance on the manifold between the initial and the most recent features. Verification experiments were conducted using data obtained under different operating and aging conditions. Results suggest that the proposed visual cognition approach provides a highly accurate means of estimating battery capacity and thus offers a promising method derived from the emerging field of cognitive computing. (shrink)

At present, urban traffic congestion is a common problem of urban development in China. Therefore, China’s government issued the policy of opening the gated communities in 2016, hoping to alleviate traffic pressure to some extent. But, at present, the quantitative empirical research on the effect of the policy implementation is less and more idealistic. In order to complete the leap from research on local isolated traffic capacity of static gated communities to research on global coupling traffic capacity of dynamic multilayer (...) network and, to a certain extent, reflect the innovation of the research model and method, we make a quantitative analysis of the effect of the policy more consistent with the actual situation, which provides a quantitative management basis for the implementation of the policy. Based on literature review, this paper carried out two stages of research. Stage one consists of constructing traffic capacity assessment model—Road Capacity Assessment model based on BPR impedance function from a simple local static perspective. Considering the factors such as delay of signalized intersection and travel time, through modeling analysis and empirical test, it is found that about 12% of local traffic capacity can be improved after open community. Stage two consists of constructing a global capacity model based on multilayer complex network coupling from the perspective of complex global dynamics. Considering the various network nodes of pedestrians, nonmotor vehicles, and other factors, we construct a multilayer complex network and dynamic superposition coupling. The empirical data show that the overall traffic capacity of the open community is improved by at least 11.3%. Finally, it can be concluded that a significant increase in the global traffic capacity of complex urban road networks means that the losses caused by traffic congestion will be reduced. In some first-tier cities, the direct monthly income of the open-gated community is as high as 230 million yuan, not to mention its overall economic, social, and environmental benefits. (shrink)

The authors identify the challenge of holding contemporary business leaders accountable for enhancing the intangible strategic asset of integrity capacity in organizations. After defining integrity capacity and framing it as part of a strategic resource model of sustainable global competitive advantage, the stakeholder costs of integrity capacity neglect are delineated. To address this neglect issue, the authors focus on the cultivation of judgment integrity to handle behavioral, moral and hypothesized economic complexities as key dimensions of integrity capacity. Finally, the authors (...) recommend two leadership practices to build competence in business leaders to enhance integrity capacity as an organizational strategic asset. (shrink)

Business ethics education aims to enable students to become conscious of their own values and develop the capacity to voice such values and make value-consistent decisions. However, a student’s personal values and the capacity to act on them tend to change after graduation. In this study, we discuss how moral learning is different in real work life compared to a business school setting, and we explain why graduates may downplay or abandon their values after graduation. We launch the concept of (...) dynamic moral capacity (DMC), defined as the metacognitive routines for processing moral decision outcomes, motivated by humility goals. We suggest that future courses in business ethics develop DMC to avoid value drift and negative moral learning over time after graduation. Finally, we discuss how DMC can be included in the instructional framework of giving voice to values and thus increase its impact on moral learning after graduation. (shrink)

In this paper, I’ll sketch an approach to epistemology that draws its inspiration from two aspects of Kant’s philosophical project. In particular, I want to explore how we might develop a Kantian conception of rationality that combines a virtue-theoretical perspective on the nature of rationality with a role for transcendental arguments in defining the demands this conception of rationality places upon us as thinkers. In discussing these connections, I’ll proceed as follows. First, I’ll describe the sorts of epistemological questions I’ll (...) be focusing on, and the framework within which I’ll try to address them. Then I’ll say a bit about the connections between this framework on Kant’s own views. Next, I’ll explain in more detail how the two main elements of this framework relate to one another by explaining how a certain sort of “transcendental argument” allows us to derive conclusions about the requirements of rationality from facts about the nature of rational capacities. Then, I’ll briefly illustrate these connections with two examples: the rationality of explanatory inference like inference to the best explanation and the rationality of perceptual belief. Finally, I’ll conclude by saying a bit about the relevance of this ideas for debates about the rationality of basic beliefs or prior probabilities. (shrink)

The dilemmas and uncertainties related to determining mental capacity and surrogate decision-making are universally recognised as one of the most important concepts in the field of clinical ethics. In Malaysia, healthcare practitioners often find both determining decision-making capacity of patients, and identifying surrogate decision makers for incapacitated patients confusing. This paper explores the concepts of decision-making capacity and surrogate decision-making, identifying key components and associated principles such as substituted judgement and best interests. It reviews current provisions and guidances available in (...) Malaysia that are related to these issues, including the Power of Attorney Act 1949 (revised 1990), Mental Health Act 2001, and various guidelines. It then highlights the challenges encountered in the local clinical setting due to the lack of specific legislation and clear guidance. Finally, this paper provides recommendations for improvements to address these issues in order to safeguard both the clinical practice of healthcare professionals and the rights of patients. These recommendations include the establishment of a regulatory framework with four main domains: clear and objective criteria for mental capacity assessment, provisions for advance decision-making while patients still possess mental capacity, a ladder or hierarchy of surrogate decision-makers, and provisions for appropriate surrogate decision-making standards, as well as the need for advocacy and awareness education among both the general public and healthcare professionals. (shrink)

Background As more people are living longer, they become frail and are affected by multi-morbidity, resulting in increased demands from the ambulance service. Being vulnerable, older patients may have reduced decision-making capacity, despite still wanting to be involved in decision-making about their care. Their needs may be complex and difficult to assess, and do not always correspond with ambulance assessment protocols. When needing an ambulance, older patients encounter ambulance clinicians who are under high workloads and primarily consider themselves as emergency (...) medical care providers. This situates them in the struggle between differing expectations, and ethical conflicts may arise. To resolve these, providing ethical care, focussing on interpersonal relationships and using ethical competence is needed. However, it is not known whether ambulance clinicians possess the ethical competence required to provide ethical care. Thus, the aim of this study was to deductively explore their ethical competence when caring for older patients with reduced decision-making ability. Methods A qualitative deductive and exploratory design was used to analyse dyadic interviews with ambulance clinicians. A literature review, defining ethical competence as comprising ethical sensitivity, ethical knowledge, ethical reflection, ethical decision-making, ethical action and ethical behaviour, was used as a structured categorization matrix for the analysis. Results Ambulance clinicians possess ethical competence in terms of their ethical knowledge, highlighting the need for establishing an interpersonal relationship with the older patients. To establish this, they use ethical sensitivity to interpret the patients’ needs. Doing this, they are aware of their ethical behaviour, signifying how they must act respectfully and provide the necessary time for listening and interacting. Conclusions Ambulance clinicians fail to see their gut feeling as a professional ethical competence, which might hinder them from reacting to unethical ways of working. Further, they lack ethical reflection regarding the benefits and disadvantages of paternalism, which reduces their ability to perform ethical decision-making. Moreover, their ethical knowledge is hampered by an ageist approach to older patients, which also has consequences for their ethical action. Finally, ambulance clinicians show deficiencies regarding their ethical reflections, as they reflect merely on their own actions, rather than on their values. (shrink)

Interactional expertise is said to be a form of knowledge achieved in a linguistic community and, therefore, obtained entirely outside practice. Supposedly, it is not or only minimally sustained by the so-called embodied knowledge. Here, drawing upon studies in contemporary neuroscience and cognitive psychology, I propose that ‘derived’ embodiment is deeply involved in competent language use and, therefore, also in interactional expertise. My argument consists of two parts. First, I argue for a strong relationship among language acquisition, language use and (...) the real world (i.e. the world accessible to the senses). Biological constraints in very early childhood anchor language to the body. These constraints are by-products of our evolutionary peculiarity that we gain because of our physical and psychological immaturity at birth. Thus, infancy is predominantly concerned with the bodily needs and experiences of the concrete while language acquisition takes place. Particular interest in the concrete furnishes our linguistic world and installs ‘concrete’ language as the principal constituent of competent language use. Second, I argue that well-established concrete language implicitly and explicitly elicits mental representations, namely partial reactivations of sensorimotor states that occur during experience. These are stepping stones by which we subsequently make sense of expressions in new linguistic areas. Like any competent language user, the interactional expert, therefore, prompts multimodal imagination and re-enacts concrete experiences when acquiring linguistic knowledge pertaining to a specialist field. Finally, I outline the characteristics of those imaginative powers to identify mechanisms that improve interactional expertise and discuss the obvious relation between interactional expertise and ordinary knowledge acquisition after the concrete language stage. (shrink)

A ‘Ulysses arrangement’ (UA) is an agreement where a patient may arrange for psychiatric treatment or non-treatment to occur at a later stage when she expects to change her mind. In this article, I focus on ‘competence-insensitive’ UAs, which raise the question of the permissibility of overriding the patient’s subsequent decisionally competent change of mind on the authority of the patient’s own prior agreement. In “The Ethical Justification for Ulysses Arrangements”, I consider sceptical and supportive arguments concerning competence-insensitive UAs, and (...) argue that there are compelling reasons to give such UAs serious consideration. In “Decisional Competence and Legal Capacity in UAs”, I examine the nature of decisional competence and legal capacity as they arise in UAs, an issue neglected by previous research. Using the distinctions which emerge, I then identify the legal structure of a competence-insensitive UA in terms of the types of legal capacity it embodies and go on to explain how types of legal capacity might be shared between the patient and a trusted other to offer support to the patient in the creation and implementation of a competence-insensitive UA. This is significant because it suggests possibilities for building patient support mechanisms into models of legal UAs, which has not addressed in the literature to date. Drawing on this, in “Using Insights from the Competence/Capacity Distinction to Enhance Patient Support in UAs”, I offer two possible models to operationalize competence-insensitive UAs in law that allow for varying degrees of patient support through the involvement of a trusted other. Finally, I outline some potential obstacles implementing these models would face and highlight areas for further research. (shrink)

I have previously argued that human flourishing partly consists in the ability to exercise essential human capacities, many of which are non-distinctive and shared with other animals. The concept of flourishing is itself species-specific. Thus, the development of essential capacities (human and nonhuman) comprises a large part of the goods that we ought to promote. Problems about the definition of ‘essential’ are discussed, as are related issues about whether there are necessary and sufficient conditions for the correct use (...) of sortal universal terms. The relation of the exercise of essential capacities to basic needs is investigated, and the essential nature of the human capacity for meaningful work, which has been disputed by John White, is defended. Finally, some suggestions are offered about what the proponents of the capabilities approach might derive from that of essential capacities. (shrink)

ABSTRACT Ought we to improve our cognitive capacities beyond the normal human range? It might be a good idea to level out differences between peoples cognitive capacities; and some people's reaching beyond normal capacities may have some good side‐effects on society at large (but also bad side‐effects, of course). But is there any direct gain to be made from having ones cognitive capacities enhanced? Would this as such make our lives go better? No, I argue; or (...) at least there doesn't seem to be any evidence suggesting that it would. And it doesn't matter whether we consider the question from a narrow hedonistic perspective, from a more refined hedonistic perspective, from a desire‐satisfaction view, or from some reasonable objective list view of what makes a life go well. Only an extremely perfectionist – and implausible – view of what makes our lives go well could support any direct value in cognitive enhancement. Finally, our sense of identity gives us no good reasons to enhance even our capacity to remember. So, cognitive enhancement as such would not improve our lives. (shrink)

La trama de la novela El sueño de Bruno apunta a finales o clausuras en poten- cia, situaciones del pasado que no se han resuelto del todo y mantienen a los personajes en una especie de impasse o incapacidad de acción. Revisaremos una parte de la filosofía moral de Iris Murdoch en su texto “La idea de perfección”, segundo apartado de su texto La soberanía del bien, de 1970. Murdoch introduce los conceptos de atención, visión y perfección, para llevar a (...) cabo una crítica del análisis genético de los conceptos morales, que deja fuera la posibilidad de cambio: la posibilidad de ser capaces de prestar una atención más justa a lo que ocurre a nuestro alrededor y conseguir, entonces, transformar o modificar nues- tros conceptos y narrativas. La actividad moral humana consiste en el constante intento de perfeccionar dichas narrativas. (shrink)

In this paper I develop five worries concerning Cartwright’s realism about entities and capacities. The first is that while she was right to insist on the ontic commitment that flows from causal explanation, she was wrong to tie these commitments solely to the entities that do the causal explaining. This move obscured the nature of causal explanation and its connection to laws. The second worry is that when she turned her attention to causal inference, by insisting on the motto (...) of ‘the most likely cause’, she underplayed her powerful argument for realism. For she focused her attention on an extrinsic feature of causal inference (or, indeed, of any ampliative inference), that is the demand of high probability, leaving behind the intrinsic qualities that causal explanation should have in order to provide the required understanding. The third worry is that her objections to Inference to the Best Explanation were unnecessarily tied to her objections about the falsity of fundamental laws. The fourth worry is that though her argument for positing capacities and being realist about them was supposed to take strength from its parallel with Sellars’s powerful argument for the indispensable explanatory role of positing unobservable entities, there are important disanalogies between the two arguments which cast doubt on the indispensability of capacities. The final (fifth) worry is that laws—perhaps brute regularities—might well have to come back from the front door, since they are still the most plausible candidates for explaining why objects have the capacities to do what they can do. (shrink)

Theories of consciousness divide over whether perceptual consciousness is rich or sparse in specific representational content and whether it requires cognitive access. These two issues are often treated in tandem because of a shared assumption that the representational capacity of cognitive access is fairly limited. Recent research on working memory challenges this shared assumption. This paper argues that abandoning the assumption undermines post-cue-based “overflow” arguments, according to which perceptual conscious is rich and does not require cognitive access. Abandoning it also (...) dissociates the rich/sparse debate from the access question. The paper then explores attempts to reformulate overflow theses in ways that don’t require the assumption of limited capacity. Finally, it discusses the problem of relating seemingly non-probabilistic perceptual consciousness to the probabilistic representations posited by the models that challenge conceptions of cognitive access as capacity-limited. (shrink)

The possible existence of extraterrestrials has provoked more than five centuries of theological speculation on how these beings, if they exist, relate to God. A certain stream of thought present in these debates argues that the eventual discovery of aliens would obligate human Christians to evangelize them for the salvation of their souls. Current research into humanity's prehistory suggests that, if this ever actually happens, it will have been partially facilitated by humanity's remarkable capacity for interspecies empathy—an ability that seems (...) to be genetic in nature and which stems from our species' ancient experience with dogs. In light of the above, recommendations are made concerning future potential exomissionary screening criteria and a concluding section touches on the role of animals in God's work. (shrink)

Reports of children participating in hunger strikes while detained in offshore detention centres raise interrelated ethical issues and recognizable challenges for the medical decision-makers at these sites. A composite case study, informed by reports in the public domain, is employed to explore the unique challenges of consent and decision-making in these circumstances and the perennial issues inherent in adolescents’ developing capacity and autonomy. We present an amalgamated case of a fourteen-year-old adolescent who refused to consent to medical reversal of her (...) hunger strike protest. The medical team became the final arbiter when her parents, who were also in detention, could not agree with each other even after mediation. The case explores the complexity of evaluating the adolescent’s capacity to provide informed consent while influenced by the opinions of co-detainees in this extreme setting. We argue that the parents and the child had compromised decisional capacity due to the effects of detention. The challenges to the medical team are recognized and discussed. The team members faced a difficult dilemma and considered the competing values of the multiple cultural and ethical factors. Each team member integrated his or her own roles, duties, and discipline-specific professional guidelines with the primary goal of mitigating potential harms. (shrink)

The use of decision-making capacity assessments in clinical medicine is an underdeveloped yet quickly growing practice. Despite the ethical and clinical importance of these assessments as a means of protecting patient autonomy, clinicians, philosophers, and ethicists have identified a number of practical and theoretical hurdles which remain unresolved. One ethically important yet largely unaddressed issue is whether, and to what extent physicians ought to inform and obtain consent from patients prior to initiating a capacity assessment. In what follows, I address (...) the following question: Must, or should, physicians obtain consent for capacity assessments? I argue that physicians have an ethical obligation to obtain express patient consent for capacity assessments, and in doing so, I challenge the predominant view which requires physicians to merely inform patients without obtaining consent. I then identify an underlying philosophical paradox that complicates the clinician's duty to obtain consent: in short, consent is needed for an assessment of one's ability to consent. Finally, I recommend a practical solution to this paradox of consent for capacity assessments by proposing a model of double consent from both the patient and health care representative. (shrink)

This paper draws a number of parallels between Schelling’s Naturphilosophie and contemporary work in the metaphysics of powers. This concept is being applied to a range of debates, however a distinct lack of work exists focusing on extending this concept to ontology as a whole. I argue that Schelling’s Naturphilosophie provides insight into what this kind of system would look like. I begin with a brief outline of the characterisation and use of powers in the contemporary literature to show the (...) marked similarities between these accounts and Schelling’s. I then present my reading of the Naturphilosophie as a power-based ontology, and gesture towards some ways in which this account could help to fill some of the gaps in the current literature. Because of the centrality of powers to the Naturphilosophie, and because of the holistic nature of Schelling’s work, the role of powers and relationship of powers to a range of other concepts is carefully specified here. Thus a number of the implications and advantages of this kind of view are already worked out and presented in the texts on Naturphilosophie. Finally, I argue that Schelling’s Naturphilosophie also demonstrates some possible problems that will arise for any ontology of this kind. (shrink)

Depletion of mitochondrial endo/exonuclease G‐like (EXOG) in cultured neonatal cardiomyocytes stimulates mitochondrial oxygen consumption rate (OCR) and induces hypertrophy via reactive oxygen species (ROS). Here, we show that neurohormonal stress triggers cell death in endo/exonuclease G‐like‐depleted cells, and this is marked by a decrease in mitochondrial reserve capacity. Neurohormonal stimulation with phenylephrine (PE) did not have an additive effect on the hypertrophic response induced by endo/exonuclease G‐like depletion. Interestingly, PE‐induced atrial natriuretic peptide (ANP) gene expression was completely abolished in endo/exonuclease (...) G‐like‐depleted cells, suggesting a reverse signaling function of endo/exonuclease G‐like. Endo/exonuclease G‐like depletion initially resulted in increased mitochondrial OCR, but this declined upon PE stimulation. In particular, the reserve capacity of the mitochondrial respiratory chain and maximal respiration were the first indicators of perturbations in mitochondrial respiration, and these marked the subsequent decline in mitochondrial function. Although pathological stimulation accelerated these processes, prolonged EXOG depletion also resulted in a decline in mitochondrial function. At early stages of endo/exonuclease G‐like depletion, mitochondrial ROS production was increased, but this did not affect mitochondrial DNA (mtDNA) integrity. After prolonged depletion, ROS levels returned to control values, despite hyperpolarization of the mitochondrial membrane. The mitochondrial dysfunction finally resulted in cell death, which appears to be mainly a form of necrosis. In conclusion, endo/exonuclease G‐like plays an essential role in cardiomyocyte physiology. Loss of endo/exonuclease G‐like results in diminished adaptation to pathological stress. The decline in maximal respiration and reserve capacity is the first sign of mitochondrial dysfunction that determines subsequent cell death. (shrink)

An aesthetic sense—a taste for the creation and/or appreciation of that which strikes one as, e.g., attractive or awesome—is often assumed to be a distinctively H. sapiens phenomenon. However, recent paleoanthropological research is revealing its archaeologically visible, deeper roots. The sensorimotor/perceptual and cognitive capacities underpinning aesthetic activities are a major focus of evolutionary aesthetics. Here we take a diachronic, evolutionary perspective and assess ongoing scepticism regarding whether, and to what extent, aesthetic capacity extends to our evolutionary cousins, the Neanderthals. (...) The goal of this article is twofold. First, it serves as a defence of the attribution of Neanderthal aesthetic capacity by marshalling archaeological data best explained by positing a Neanderthal aesthetic sense. Second, it offers an opportunity to make progress on understanding some epistemically relevant features of the wider debate in evolutionary aesthetics. First, we outline and analyse a range of distinct ‘sceptical arguments’ derived from attitudes and claims found in the literature and broader debate that aim to dial down the case for Neanderthal aesthetic capacity. We show that these arguments not only miss their target, they divert the debate away from more compelling questions. We then consider the case for protoaesthetic capacities and sensitivities in the Acheulean stone tool industry and argue that Neanderthals likely inherited the protoaesthetic package from ancient ancestors that they shared with H. sapiens. Finally, we sketch and defend a research agenda for framing Neanderthal aesthetic niche(s) beyond H. sapiens-derived standards, which we see as a priority for future archaeological, cognitive, and philosophical research. While we resist sceptical arguments and the often-implied inferiority of Neanderthals to humans, we also deny that Neanderthals and ancient humans were indistinguishable. Understanding the differences is an important goal of interpretation, and we apply this line of reasoning to the case of aesthetics. (shrink)

BackgroundWith the enactment of Bill C-7 in Canada in March 2021, people who are eligible for medical assistance in dying (MAiD), whose death is reasonably foreseeable and are at risk of losing decision-making capacity, may enter into a written agreement with their healthcare provider to waive the final consent requirement at the time of provision. This study explored healthcare providers’ perspectives on honouring eligible patients’ request for MAiD in the absence of a contemporaneous consent following their loss of decision-making (...) capacity. MethodA critical qualitative methodology, using a feminist ethics theoretical lens with its focus on power and relationality, was used to examine how socio-political and environmental contexts influenced healthcare providers' moral agency and perspectives. Semi-structured interviews were conducted with 30 healthcare providers (13 physicians, six nurse practitioners, nine nurses and two social workers) from across Canada who provide MAiD-related care.ResultsThemes identified include; (1) balancing personal values and professional responsibilities, (2) anticipating strengths and limitations of the proposed waiver of final consent amendment, (3) experiencing ethical influences on decisions to enter into written agreements with eligible patients, (4) recognizing barriers to the enactment of MAiD in the absence of a contemporaneous consent and (5) navigating the potential for increased risks and burden.DiscussionTo our knowledge, this is the first study in Canada to explore healthcare providers’ perspectives on waiving the final consent for MAiD using a written agreement. Most participants supported expanding eligible people’s access to MAiD following loss of capacity, as they believed it would improve the patients’ comfort and minimize suffering. However, the lack of patients’ input at the time of provision and related ethical and legal challenges may impact healthcare providers’ moral agency and reduce some patients’ access to MAiD. Providers indicated they would enter into written agreements to waive final consent for MAiD on a case-by-case basis. This study highlights the importance of organizational, legal and professional support, adequate resources, clear policies and guidelines for the safety and wellbeing of healthcare providers and to ensure equitable access to MAiD. (shrink)

Cooperative innovation has become a critical method for freight logistics firms in supply chain management. The previous study has proved that relational embeddedness has a positive effect on service innovation performance. However, the influence of organizational learning capacity has been widely ignored. This study focuses on explaining the mechanism of OLC on the relationship between RE and innovation performance of freight logistics service. Firstly, a theoretical model is constructed based on Social Network Theory, and four research hypotheses are presented. Secondly, (...) a sample of 236 respondents from freight logistics firms in China is analyzed to test the hypotheses. Finally, several management implications and recommendations are suggested. The research results demonstrate that both RE and OLC have positive effects on IPFLS. Meanwhile, OLC partially mediates the relationship between RE and IPFLS. The findings provide practical guidance for managers to strengthen the relationship with partners and enhance OLC. (shrink)

This article explores refusal of medical treatment by adult patients from ethical and legal perspectives. Initially, consequentialist and deontological ethical theory are outlined. The concepts of autonomy, paternalism and competence are described and an overview of Beauchamp and Childress’s principle-based approach to moral reasoning is given. Relevant common law is discussed and the provisions of the Mental Capacity Act 2005 in assessing competence is evaluated. In order to demonstrate the consideration of moral issues in clinical practice, ethical theory is applied (...) to two well-known incidents: the case of Re MB, where doubt over decision-making capacity led to a paternalistic act to override a patient’s choice; and the death of Emma Gough, a situation where respect for autonomy prevailed when healthcare staff acted lawfully in following a patient’s refusal of life-saving treatment. Finally, guidance from regulatory bodies on the roles and responsibilities of health professionals in relation to this topic are considered. (shrink)

The authors present an evolutionary model for the biological emergence of religious capacity as an advanced neurocognitive trait. Using their model for the stages leading to the evolutionary emergence of religious capacity in Homo sapiens, they analyze the mechanisms that can fail, leading to unbelief (atheism or agnosticism). The analysis identifies some, but not all types of atheists and agnostics, so they turn their question around and, using the same evolutionary model, ask what keeps religion going. Why does its development (...) not fail in one social group after another, worldwide? Their final analysis searches for reasons in important evolutionary changes in the senses of hearing, vision, and general sensitivity on the hominin line, which together interact with both intellectual and emotional brain networks to achieve, often in human groups, variously altered states of consciousness, especially a numinous state enabled in part by a brain organ, the precuneus. An inability to experience the numinous, consider it important, or believe in its supernatural nature, may cleave the human population into those with belief and those with unbelief. (shrink)

In this issue of Clinical Ethics, Jonathan Pugh rejects hypothetical consent-based conceptions of the child’s right to bodily integrity (RBI). Pugh also questions the relevance of adults’ regret of past bodily infringements in evaluating potential violations of children’s RBI. Pugh then argues that autonomy serves as the justification for our power to waive our bodily rights. Finally, Pugh claims that the child’s interest in developing the capacity for autonomy is key to evaluating potential RBI violations. In this article, I challenge (...) each of these arguments. First, I argue that it is the circumstances of parents vis-a-vis their children (rather than the difficulties in determining hypothetical agents' values) that should lead us to reject hypothetical-consent-based conceptions of the child’s RBI in favor of best-interests conceptions. Second, I argue that adults’ regret of childhood bodily interventions is highly relevant for evaluating these interventions’ permissibility. Third, I reject the claim that autonomy is the primary justification for our power to waive our bodily rights. Finally, I argue that Pugh overstates the importance of the child’s interest in developing the capacity for autonomy, at least when it comes to debates in contemporary liberal democracies over interventions in children’s bodies. (shrink)

This dissertation articulates our human capacity to judge as a capacity for knowledge, specifically for empirical knowledge, and for knowledge of itself as such. I interpret and draw on the account of such knowledge presented by Kant’s Critique of Pure Reason, situate this account historically, and relate it to relevant contemporary debates. The first chapter motivates my project by assessing the insights and shortcomings of Cartesian epistemology. I argue that while Descartes draws on the essential self-consciousness of judgement to show (...) that the cogito is knowledge, he fails, by his own standards, to secure this status for any judgement beyond the cogito. I conclude that self-consciousness alone is empty, but that, since we can judge beyond the cogito, judgement can be given content from elsewhere. The next chapter evaluates the empiricist doctrine that operations of the senses by themselves give content to judgement and can vindicate it as empirical knowledge. I contend that Kant deepens Hume’s finding, that empiricism fails to enable us to explain empirical knowledge, into the more radical insight that empiricism fails to enable us to understand the senses as providing any content. I conclude that the senses alone are blind and that our account of empirical knowledge must privilege neither sensory givenness nor intellectual self-consciousness. The third chapter contrasts two readings of Kant on the cooperation between sensibility and understanding in empirical knowledge. I argue, against many Kantians, that the Transcendental Deduction shows that instead of understanding this cooperation compositionally – so that operations of sensibility are intelligible independently of acts of the understanding – we must conceive of it hylomorphically – so that the operations of sensibility and understanding constitute the mutually dependent matter and form of empirical knowing respectively. The final chapter substantiates this hylomorphism by explicating the form of knowledge as synthesis. Following Kant, I argue that inference is a species of synthesis and provide a synthetic explanation of inference. The resulting account simultaneously illustrates synthesis, addresses a prominent contemporary problem regarding the nature of inference, and explains how our capacity to know provides not just isolated glimpses of empirical reality, but a unified conception of it. (shrink)

In contrast to many other models of human evolution the "balance of power" theory of Alexander has a clear answer to the question why a runaway selection process for unique social and moral capacities occurred in our ancestry only and not in other species: "ecological dominance" is hypothesized to have diminished the effects of "extrinsic" forces of natural selection such that within-species, intergroup competition increased (Alexander, 1989). Alexander seems to be wrong, however, in his claim that already the common (...) HUCHIBO (Humans, Chimps, Bonobo's)-ancestor has crossed the ecological dominance barrier. In this paper an adapted version of Alexander's model is presented and several different ways are proposed to make this adapted version testable. A preliminary survey of the available paleontological and paleoecological data suggests that there is some evidence of a less vulnerable position towards predators in early Homo and that there are clear signs related to a crossing of the ecological dominance barrier in Homo sapiens sapiens. (shrink)

In this article, we present two accounts of intersubjectivity in Jaspers and Husserl, respectively. We argue that both can be brought together for a more satisfying account of empathy and communication in the context of psychiatric praxis. But while we restrict ourselves for the most part to this praxis, we also indicate the larger agenda that drives Jaspers and Husserl, despite all disagreement. Here we spell out, in particular, how a phenomenologically inspired account of empathy and intersubjectivity can have larger (...) ramifications for a theory of social life and interaction. Finally, we argue for a ‘relaxed' view concerning the relation between pure and applied phenomenology, such that both can mutually benefit from one another. (shrink)

The final-year undergraduate dissertation is commonplace in Education Studies programmes across the world and yet its philosophical assumptions are complex and not always questioned. In England there is evidence to suggest a tacit preference for empiricism in textbooks designed to support early researchers. This brings, we suggest, problems associated with dualism, instrumentalism and of accounting for value, redolent of the dilemmas that emerge from Hume’s empiricist epistemology. The paper suggests that if argumentation were explicitly taught to undergraduates it may (...) help oversee the more judicious use of empirical approaches that are currently privileged in dissertation guidance. (shrink)

Research is crucial to improve medicine's ability to care for the sick, and this includes research on conditions affecting cognition. This article focuses on whether persons suffering from diseases affecting cognition can be enrolled in research when the purpose is to investigate the condition leading to this impairment. It also discusses when they may be enrolled and on the precautions which are necessary if they are. Protections for vulnerable persons in research have two components: fair subject selection, and the specific (...) care required to minimize wrongs to vulnerable persons once they are enrolled in research. Finally, the article examines, and rejects, the idea that there could be circumstances in which persons suffering from diseases affecting cognition could have an obligation to participate in research addressing these disorders. (shrink)

This research aims to offer a concept of dialectics without mystifications, following Bertell Ollman’s reading of Marx’s work. In this sense, dialectics will be understood as a philosophical tradition and as a method of investigation, in which the figure of Marx is fundamental, but which can be nourished by the perspective of other philosophers who share some of his points. Secondly, the ontological basis and the epistemological substratum that allow dialectics to operate will be explained. Once these aspects have been (...) clarified, the main dialectical laws or tendencies will be presented. In order to understand its operation, dialectics will be characterized as a deeply critical philosophical tradition and method. Finally, some conclusions will be offered. (shrink)

ABSTRACTLegal ethics pedagogy does not often attend to the gap between principles and effective action. A pedagogy that does attend to this gap is ‘Giving Voice to Values’. Developed by a US business academic, Mary Gentile, GVV focuses not on the normative questions of 'what is the right thing to do?' but on the behavioural question 'how do we get the right thing done?' GVV has much to offer efforts to foster ethical behaviour in lawyers. In this article, I situate (...) GVV within the behavioural ethics literature, which examines how and why people make the decisions they do in the ethical realm. I then turn to a discussion of the GVV curriculum and a case study of its application in legal education. I report preliminary results from research into the effectiveness of the GVV approach in postgraduate practical legal training. Finally, I encourage legal ethics teachers to experiment with GVV as a way of helping students develop skills for dealing constructively with ethical challenges in legal practice. (shrink)

We analyse the way in which the Holocaust is taught in The Netherlands, with an emphasis on critically examining the content of secondary school textbooks used to teach Dutch students about the history of the Holocaust. We also interview Dutch educators, government officials and academics about the state of Dutch Holocaust education. Our findings indicate that Dutch students are underexposed to the Holocaust and lack basic knowledge and conceptual understanding of it. Fundamental concerns regarding the civic obligations of citizens in (...) a democracy and basic principles of human rights that are raised by the history of the Holocaust in The Netherlands are often ignored or examined superficially, sometimes because of ambivalence about the extent of Dutch involvement in the genocide of Dutch Jewry. Little attention is paid to the complex moral choices that Dutch citizens faced during the Second World War and the life-or-death implications such decisions had for Dutch Jews. Finally, Jewish history and culture and the history of European anti-Semitism are rarely addressed in textbooks and history lessons about the Holocaust, undermining efforts to sensitise students to the implications of the Holocaust for The Netherlands and for Europe as a whole. In our conclusion, we offer some models of Holocaust education that could significantly improve the quality and content of Dutch Holocaust education. (shrink)

“Coalition of the willing” is a phrase that we hear invoked with frequency in world politics. Significantly, it is generally accompanied by claims to moral responsibility. Yet the label commonly used to connote a temporary, purpose-driven, self-selected collection of states sits uneasily alongside these assertions of moral responsibility.This article explores how the informal nature of such associations should inform judgments of moral responsibility. I begin by briefly recounting what I call a model of institutional moral agency in order to explain (...) why it seems theoretically and practically problematic to talk about the moral responsibilities of informal associations. I then focus on coalitions of the willing as prominent, and challenging, examples of such associations, before raising misgivings about my own rather stark distinction if it means that accounts of moral responsibility must be reduced to the members—or potential members—of such coalitions in a way that neglects the moral significance of their acting together. Prompted by these concerns, I explore arguments by Virginia Held and Larry May about moral responsibility in relation to informal associations and identify insights that can be taken from these positions to refine our expectations and evaluations of the actions associated with such collectivities. Finally, I consider the particular implications of these insights in relation to the widely espoused duty to intervene to rescue vulnerable populations. (shrink)

The absence of symbolic material cultural objects in the archaeological record does not prove absence of symbolic cognition. Sometimes perishable materials are selected for symbolic roles, for practical concerns or to indicate a temporary condition. Also some symbolic functions may predate the use of durable materials. Finally, child play and artisan experimentations usually involve cheap and perishable materials. These are symbolic and representational activities that do not leave a material trace.

More attention has been devoted to providing evolutionary accounts of the development of beliefs, or belief-like states, than for desires or preferences. Here I articulate and defend an evolutionary rationale for the development of psychologically real preference states. Preferences token or represent the expected values available actions given discriminated states of world and agent. The argument is an application of the ‘environmental complexity thesis’ found in Godfrey-Smith and Sterelny, although my conclusions differ from Sterelny’s. I argue that tokening expected utilities (...) can, under specified general conditions, be a powerful design solution to the problem of efficiently allocating the capacities of an agent. Preferences are for efficient action selection, and count as a ‘fuel for success’ in the sense urged by Godfrey-Smith for true beliefs. They will tend to be favoured by selection when environments are complex in ways that matter to an organism, and when organisms have large behavioural repertoires with heterogeneous returns and costs.The rationale suggested here is conditional, especially on contingencies in what design options are available to selection and on trade-offs associated with the costs of generating and processing representations of value. The unqualified efficiency rationale for preferences suggests that organisms should represent expected utilities in a comprehensive and consistent way, but none of them do. In the final stages of the paper I consider some of the ways design trade-offs compromise the implementation of preferences in organisms that have them. (shrink)

This article compares causal and constitutive explanation. While scientific inquiry usually addresses both causal and constitutive questions, making the distinction is crucial for a detailed understanding of scientific questions and their interrelations. These explanations have different kinds of explananda and they track different sorts of dependencies. Constitutive explanations do not address events or behaviors, but causal capacities. While there are some interesting relations between building and causal manipulation, causation and constitution are not to be confused. Constitution is a synchronous (...) and asymmetric relation between relata that cannot be conceived as independent existences. However, despite their metaphysical differences, the same key ideas about explanation largely apply to both. Causal and constitutive explanations face similar challenges (such as the problems of relevance and explanatory regress) and both are in the business of mapping networks of counterfactual dependence—i.e. mechanisms—although the relevant counterfactuals are of a different sort. In the final section the issue of developmental explanation is discussed. It is argued that developmental explanations deserve their own place in taxonomy of explanations, although ultimately developmental dependencies can be analyzed as combinations of causal and constitutive dependencies. Hence, causal and constitutive explanation are distinct, but not always completely separate forms of explanation. (shrink)