-/- Following the Mental Capacity Act (MCA) becoming law in 2005, and prior to its coming into force in 2007, there was a sustained effort to train support staff in the many social care settings where this new law was applicable. This training drive was necessary because, prior to the MCA, mental capacity law had evolved in the courts through consideration of a small number of cases that concerned serious medical treatments. These included the withdrawal of artificial nutrition and hydration (...) (Airedale NHS Trust v. Bland [1993]), blood transfusion (Re T [1993]), tissue donation (Re Y [1997]) and the provision of experimental medication for terminal illness (Simms v. Simms and another (2003)). In line with the Law Commission’s recommendations, the MCA extended the application of the law to ‘all acts in connection with care or treatment’ (MCA, Section 5), meaning that, overnight, social care settings and informal family care environments immediately fell within the scope of the legislation. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Marcia Muelder Eaton ANTHONY POWELL AND THE AESTHETIC LIFE Anthony POWELL'S work has been looked at carefully by relatively few critical scholars, in spite of the fact that he has been called "the most elegant writer presently working in the English language." ' I am surprised at how little he is read — at least in the United States. He is a splendid writer, often entertaining, always (...) a skilled craftsman. His earlier novels {Afternoon Men, 1931; Venusberg, 1932; From a View to a Death, 1933; Agents and Patients, 1936; and What's Become of Waring, 1939) are short satiric and ironic comedies dealing mainly with London bohemia in the 1920s. His later fictional work is a twelve volume tour de force (A Question of Upbringing, 1951; A Buyer's Market, 1952; The Acceptance World, 1955; At Lady Molly's, 1957; Casanova's Chinese Restaurant, 1960; The Kindly Ones, 1962; The Valley of Bones, 1964; The Soldier's Art, 1966; The Military Philosophers, 1968; Books Do Furnish a Room, 1971; Temporary Kings, 1973; Hearing Secret Harmonies, 1975) 2 in which the narrator, NicholasJenkins, attempts, with varying degrees of success, to make sense of life as A Dance to the Music of Time. Both the early and later works are populated by many characters. Manageable in the short, independent novels, they become so numerous in the interdependent volumes of Dance that several critics are dubious about anyone's keeping them straight; had I read them as they were published — with months, sometimes years and the novels of others between appearances — I am sure it would have been impossible to keep track of the minor characters. In 1960, Time and Tide published a cast ofcharacters for "readers who find it difficult to remember from book to book details of family and other more tenuous relationships between characters who have a habit of popping up surprisingly in the most unexpected places."3 The entries provide the following kinds of information: "McReith, Lady (Gwen): friend of Babs Templer and Jimmy Stripling; goes to bed with 166 Marcia Muelder Eaton167 Peter Templer when staying in the Templer (senior) house.... Tolland, George: son of Lord Warminster: was in Coldstream for some years then went into city. Very correct." More recently Hilary Spurling has compiled a book-length guide to the plots and characters ofDance. It also includes an index of books, paintings, and places referred to.4 Even with these guides there are loose ends, and it is not always clear what functions certain minor characters serve. Nonetheless, the popping-up in unexpected places is, as I hope to show, essential to the theme of the work. Powell is by no means universally acclaimed; his novels have been described as "contrived,"5 and "pseudo-Proustian" and "blandly snobbish."6 The early novels have been said to "tell about 'twentyish emancipation, silly parties at which drunks behave stupidly, ambitious young men on the make for the daughters of fox-hunting families, all with an air of slightness and couldn't-care less." 7 And Dance has likewise been scorned: To begin with, each character is introduced as he first appears to the narrator, who immediately speculates for three or four pages on the probable nature of a character who is blond, has small ears, and wears a black overcoat. The overcoat then says a few desultory words, whereupon the narrator takes several pages of pain to modify his original opinion in the light of this additional evidence.8 Like all parodies, these have some truth in them. But it is simplistic to describe his work in these terms — it amounts to painting in colors far too crude what is an enormously subtle picture of life. Powell's "easy modulations," as John Russell has called his novels,9 capture intricacies of human behavior and interaction in a profound and original way. And Powell's focus on ritual and the attempts of people to play chosen roles, ultimately provides a genuinely metaphysical, epistemological, ethical, and aesthetic interpretation of life. It is hopeless to try to provide a synopsis of the twelve volumes. The novels follow Nicholas Jenkins from his school days to late middle age. Friends such as Peter Templer, Charles... (shrink)

Our growing technical capacity to keep human beings alive has brought the sanctity of life ethic to the point of collapse. The shift to a concept of brain death was already an implicit abandonment of the traditional ethic, though this has only recently become apparent. The 1993 decision of the British House of Lords in the case of Anthony Bland is an even more decisive shift towards an ethic that does not ask or seek to preserve human life (...) as such, but only a life that is worth living. Once this shift has been completed and assimilated, we will no longer need the concept of brain death. Instead we can face directly the real ethical issue: when may doctors intentionally end the life of a patient? (shrink)

It also has considerable impact on his ethical ideas: the Machiavellian cosmos has no room for a Ruling Mind or for the Sovereignty of the Good, and humans are left to pursue their appetites for riches and glory as best they can.

The first four essays in this guide are devoted to the study of Wittgenstein′s own ideas about philosophy. The remaining six apply his ideas to the work of other thinkers.

The beating of Rodney King and the resulting riots in South Central Los Angeles. The violent clash between Hasidim and African-Americans in Crown Heights. The boats of Haitian refugees being turned away from the Land of Opportunity. These are among the many racially-charged images that have burst across our television screens in the last year alone, images that show that for all our complacent beliefs in a melting-pot society, race is as much of a problem as ever in America. In (...) this vastly important, widely-acclaimed volume, Kwame Anthony Appiah, a Ghanaian philosopher who now teaches at Harvard, explores, in his words, "the possibilities and pitfalls of an African identity in the late twentieth century." In the process he sheds new light on what it means to be an African-American, on the many preconceptions that have muddled discussions of race, Africa, and Afrocentrism since the end of the nineteenth century, and, in the end, to move beyond the idea of race. (shrink)

Massimo Dell'Utri (1990) provides a reconstruction of Hilary Putnam's argument (1981, chapter 1) to show that the hypothesis that we are brains in a vat is self-refuting. I will explain why the argument Dell'Utri offers us is, on the face of it, quite problematic. Then I will provide a way out of the difficulty.

Idealization is a central feature of human thought. We build ideal models in the sciences, our politics is guided by pictures of impossible utopias, and our thinking about the arts and moral life is guided by images of how things might have been. In all these cases we sometimes proceed with a representation of the world that we know is not true or aim at a world we accept we cannot realize. This is the world of the "as if," which (...) the philosopher Hans Vaihinger delineated at the turn of the century, in ways he traced back to Kant. In this book, I aim to explore idealization in aesthetics, ethics, and metaphysics, as well as in the philosophy of mind, of language, of religion, and of the social and natural sciences. No one could be an expert on all of these things, but sometimes in philosophy it helps to stand back and take a broader view. On the way I hope to illuminate many issues, large and small, but there is one over-arching lesson: our best chance of understanding the world must be to have a plurality of ways of thinking about it. This book is about why we need a multitude of pictures of the world. It is a gentle jeremiad against theoretical monism. (shrink)

In this paper, I investigate the experience of hope by focusing on experiences that seem to rival hope, namely, disappointment, desperation, panic, hopelessness, and despair. I explore these issues phenomenologically by examining five kinds of experiences that counter hope (or in some instances, seem to do so): first, by noting the cases in which hope simply is not operative, then by treating the significance of both desperation and pessimism, next by examining the experience of hopelessness, and finally, by treating the (...) experience of despair. Here despair is shown to constitute the most profound challenge to hope among these experiences and to be foundational for the others, even though it is disclosed ultimately as founded in hope. (shrink)

In his defence of emergence, David Elder-Vass assumes that my hermeneutic position represents a form of individualism. Although a common reading of my position, the claim that I am in individualist is incorrect; I, too, recognize the centrality of collective phenomena to social reality. In fact, there is a close convergence between emergence and the hermeneutic sociology I advocate. However, there also remains an important divide between us. Despite his care to avoid reification, Edler-Vass descends into ontological dualism, conceptualizing society (...) in terms of structure and agency. (shrink)

Recent legal rulings concerning the status of advance statements have raised interest in the topic but failed to provide any definitive general guidelines for their enforcement. I examine arguments used to justify the moral authority of such statements. The fundamental ethical issue I am concerned with is how accounts of personal identity underpin our account of moral authority through the connection between personal identity and autonomy. I focus on how recent Animalist accounts of personal identity initially appear to provide a (...) sound basis for extending the moral autonomy of an individual - and hence their autonomous wishes expressed through an advance directive - past the point of severe psychological decline. I argue that neither the traditional psychological account nor the more recent Animalist account of personal identity manage to provide a sufficient basis for extending our moral autonomy past the point of incapacity or incompetence. I briefly explore how analogies to similar areas in law designed to facilitate autonomous decision, such as wills and trusts, provide at best only very limited scope for an alternative justification for granting advance statements any legal or moral authority. I conclude that whilst advance statements play a useful role in formulating what treatment is in a patient’s best interests, such statements do not ultimately have sufficient moral force to take precedence over paternalistic best interest judgements concerning an individual’s care or treatment. (shrink)

Michael Williams and Crispin Wright have claimed that we are epistemically justified in believing hinge propositions, such as there is an external world. In a recent paper Allan Hazlett puts forward an argument that purports to elucidate the source of such justification. This paper reconstructs Hazlett's argument and offers a criticism of it.

A. G. Greenwald and H. G. Shulman (1973) found that 2 tasks characterized by ideomotor (IM) compatibility could be perfectly timeshared (i.e., performed simultaneously without mutual interference). The 2 tasks were pronouncing “A” or “B” in response to hearing those letter names, and making a manual left or right response to seeing a left- or right-positioned arrow. M.-C. Lien, R. W. Proctor, and P. A. Allen (2002) did not replicate Greenwald and Shulman’s result, and concluded that their finding of perfect (...) timesharing of 2 IM-compatible tasks might not be replicable. In the present research, Experiment 1 replicated Greenwald and Shulman’s 1973 finding while also supporting the conclusion that Lien et al.’s nonreplication was due to their not instructing subjects to make 2 responses simultaneously in their timeshared task. Experiment 2 again replicated the perfect timesharing finding, using an alternative control procedure that mixed manual and vocal tasks in the same block. (shrink)

The debate between “Normativists” and “Teleologists” about the normativity of belief has been taken to hinge on the question of which of the two views best explains why it is that we cannot believe at will. Of course, this presupposes that there is an explanation to be had. Here, I argue that this supposition is unwarranted, that Doxastic Involuntarism is merely contingently true. I argue that this is made apparent when we consider that suspended judgement must be involuntary if belief (...) is, that suspended judgment is not a belief, and that the aim or norm of suspended judgement cannot be constitutive if suspended judgement is not a belief. (shrink)

In a recent article in this journal, John Lippitt mounts a forceful argument against narrativist approaches to issues in personal identity and practical deliberation, with specific reference to the application of such approaches in the interpretation of Kierkegaard's writings. The present critical discussion piece addresses two points in Lippitt's argument. First, it seeks to meet Lippitt's challenge to clarify the notion of "a whole life" as this figures in narrativist positions. Second, it clarifies the sense in which narrative unity, and (...) even selfhood, may be a matter of degree. It then uses this latter insight to sketch a defense of the claim that narrativity may indeed play a crucial role in Kierkegaard's distinction between ethical and aesthetic ways of life. (shrink)

We might begin by trying to unsettle the apparently natural inferences that are supposed to lead us so ineluctably to recognize something called “intrinsic value”.

_I am. We are. That is enough. Now we have to start._ These are the opening words of Ernst Bloch's first major work, _The Spirit of Utopia,_ written mostly in 1915-16, published in its first version just after the First World War, republished five years later, 1923, in the version here presented for the first time in English translation. _The Spirit of Utopia_ is one of the great historic books from the beginning of the century, but it is not an (...) obsolete one. In its style of thinking, a peculiar amalgam of biblical, Marxist, and Expressionist turns, in its analytical skills deeply informed by Simmel, taking its information from both Hegel and Schopenhauer for the groundwork of its metaphysics of music but consistently interpreting the cultural legacy in the light of a certain Marxism, Bloch's _Spirit of Utopia_ is a unique attempt to rethink the history of Western civilizations as a process of revolutionary disruptions and to reread the artworks, religions, and philosophies of this tradition as incentives to continue disrupting. The alliance between messianism and Marxism, which was proclaimed in this book for the first time with epic breadth, has met with more critique than acclaim. The expressive and baroque diction of the book was considered as offensive as its stubborn disregard for the limits of "disciplines." Yet there is hardly a "discipline" that didn't adopt, however unknowingly, some of Bloch's insights, and his provocative associations often proved more productive than the statistical account of social shifts. The first part of this philosophical meditation—which is also a narrative, an analysis, a rhapsody, and a manifesto—concerns a mode of "self-encounter" that presents itself in the history of music from Mozart through Mahler as an encounter with the problem of a community to come. This "we-problem" is worked out by Bloch in terms of a philosophy of the history of music. The "self-encounter," however, has to be conceived as "self-invention," as the active, affirmative fight for freedom and social justice, under the sign of Marx. The second part of the book is entitled "Karl Marx, Death and the Apocalypse." _I am. We are._ That's hardly anything. But enough _to start._. (shrink)

Thomas Stoffregen's "Affordances and Events" makes many points that are forgotten all too often--if they are realized at all--by adherents to the ecological perspective in psychology. He is to be applauded for this. But he compiles these points to make a very strong and very sweeping claim about the validity of a broad swath of research that is done by ecological psychologists. In particular, he argues for the following conclusion: "More generally, I have suggested that events may not be perceived; (...) it may be that only affordances are perceived. If so, this would raise serious questions.. (shrink)

This open peer commentary critiques Cwik's approach to categorizing germline gene editing interventions. The authors argue that Cwik's framework, which prioritizes technical categories and dimensions to map the "ethical terrain," is fundamentally flawed by putting the technical aspects before ethical considerations. They identify four key problems with his approach: it is arbitrary in its categorizations, relies on dynamic membership that changes with scientific knowledge, requires extensive technical expertise that many bioethicists lack, and most importantly, approaches the analysis "back-to-front" by starting (...) with technical rather than ethical distinctions. The authors argue that ethical assessment should begin with examining the goals and justifications of an intervention, rather than its technical specifications. They use the example of mitochondrial replacement therapy to illustrate how classification should proceed from ethical considerations to technical ones, not vice versa. The commentary concludes that while Cwik offers a complex framework, it is both incorrectly structured and impractical to use consistently. (shrink)

Arguments between those who hold religious beliefs and those who do not have been at fever pitch. They have also reached an impasse, with equally entrenched views held by believer and atheist - and even agnostic - alike. This collection is one of the first books to move beyond this deadlock. Specially commissioned chapters address major areas that cut across the debate between the two sides: the origin of knowledge, objectivity and meaning; moral values and the nature of the human (...) person and the good life; and the challenge of how to promote honest and fruitful dialogue in the light of the wide diversity of beliefs, religious and otherwise. Under these broad headings leading figures in the field examine and reflect upon: Secular and religious humanism The idea of the sacred The vexed issue of science in both religious and secular accounts of knowledge Spirituality for the godless Non-western perspectives on the atheism/theism debate. A key feature of the collection is a dialogue between Raymond Tallis and Rowan Williams, former Archbishop of Canterbury. _Religion and Atheism: Beyond the Divide _will interest anyone who is concerned about the clash between the religious and the secular and how to move beyond it, as well as students of ethics, philosophy of religion and religious studies. (shrink)

This phenomenon is an extension of the 'why trust the subject' question asked in the introduction ... critical use of verbal reports in cognitive science. ...