Limits to paternalism are, in the liberal democracies, partially defined by the concepts of decision-making capacity/incapacity (mental competence/incompetence). The paper is a response to Ian Wilkss (1997) recent attempt to defend the idea that the standards for decisional capacity ought to vary with the degree of risk incurred by certain choices. Wilkss defense is based on a direct appeal to the logical features of examples and analogies, thus attempting to by-pass earlier criticisms (e.g., Culver Gert, 1990) of risk-based standards. Wilkss (...) argument is found wanting on the grounds that he misconstrues the logic of such capacity, especially in accounting for conceptual and pragmatic ties with issues of decisional authority. A diagnosis is offered as to the source of Wilkss error (the assumption that mental competence is a species of wider genus of competence), and an alternative way of accounting for risk within the predominant contemporary legal framework is sketched. (shrink)

Various complexities that arise in the application of legal and/or clinical criteria to the actual assessment of competence/capacity are discussed, and a particular way of understanding the nature of such criteria is recommended.

The authors examine recent arguments purporting to show that mental incompetence (lack of decision-making capacity) is not a necessary condition for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open question whether accounts of decision-making capacity based solely on the notions of understanding and appreciation can adequately deal with various complexities. Different possible ways of resolving these complexities are outlined, all (...) of which need further exploration. (shrink)

“Terms that have histories cannot be defined.” – Nietzsche“[T]he reality to which we were attending seemed to resist our thinking it.” – Cora Diamond[1] Much has been learned in recent decades about the behaviour and abilities of many species of non-human animals. Increasingly many who reflect on the abilities of languageless animals are uncomfortable with a once prevalent dichotomy of either assigning these abilities to the realm of mere mechanism or granting such creatures full rationality and more or less the (...) entire range of abilities that involves. This has lead to no little reflection and debate regarding how to proceed in studying animal “cognition,” and about what counts as adequately or accurately explaining animal behaviour. I cautiously hope herein to contribute to the clarity of what is already a discussion too rich and complex to do any justice to here. Little of what I say will be original, but the particular way of approaching the issues herein may shed some light on why certain issues have endured. (shrink)

This article discusses the suggestion, expressed in the three preceding articles in this issue of Ethics & Behavior, that ethics as practiced in the helping professions requires greater organizational democratization. The relevance to this proposal of both a cognitive conception of democracy and an account of the nature of values that establishes their objectivity is also discussed.

An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...) a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour. (shrink)

One of the more interesting developments in recent historical writing has been a reconsideration of the debates over poor law reform. In the sharply-demarcated world of post-war scholarship, the poor law fell clearly, if somewhat problematically, into the domain of social history. For obvious contemporary reasons, post-war social history devoted a good deal of scholarly energy to constructing a history of social policy. Much of this work was problematized in terms of the then orthodox agenda of the welfare state. The (...) dominant questions concerned modes of assessing entitlements, mechanisms for delivering welfare, and the bureaucratic characteristics of the old and new poor laws. Despite its considerable empirical merits, this kind of social history was inhibited by its methodological and problematic certainties. To a large extent this was a social history which defined itself against traditional political history, offering a narrative of social policy formation which, whilst not eliminating political processes from its account, tended to marginalize their normative significance. One extreme formulation was Sydney Checkland's ‘socially innocent state’. Here the loss of ‘social innocence’ on the part of the British state is evaluated directly in terms of its willingness to develop the kind of social agenda and administrative machinery characteristic of modern wellfarism. For Checkland in particular, social policy was conceived almost exclusively in terms of state-driven programmes of ‘social improvement’. The old poor law, with its pattern of local management, discretionary administration, and paternalist social vision flatly contracted the statutorily-articulated welfarism which Checkland took to be axiomatic to a coherently-conceived social policy. In terms of statutory authority and administrative machinery, Checkland saw the new poor law as a critical move towards a more coherently-constructed state social policy. (shrink)

In an important departure from theories of causation, David Owens proposes that coincidences have no causes, and that a cause is something which ensures that its effects are no coincidence. In Causes and Coincidences, he elucidates the idea of a coincidence as an event which can be analysed into constituent events, the nomological antecedents of which are independent of each other. He also suggests that causal facts can be analysed in terms of non-causal facts, including relations of necessity. Thus, (...) causation is defined in terms of coincidence, and coincidence without reference to causation. David Owens challenges the ideas associated with Hume, Davidson and Lewis, constructing a theory which distinguishes nomological necessity and sufficiency from their logical counterparts. He is able to offer novel solutions to the major problems of causation, including the direction of causation, the logical form of causal statements, the distinction betwen causal connections and logical connections, and the relationship between psychological and physical causation. (shrink)

From the author of Wittgenstein's Poker and Would You Kill the Fat Man?, the story of an extraordinary group of philosophers during a dark chapter in Europe's history On June 22, 1936, the philosopher Moritz Schlick was on his way to deliver a lecture at the University of Vienna when Johann Nelböck, a deranged former student of Schlick's, shot him dead on the university steps. Some Austrian newspapers defended the madman, while Nelböck himself argued in court that his onetime teacher (...) had promoted a treacherous Jewish philosophy. David Edmonds traces the rise and fall of the Vienna Circle—an influential group of brilliant thinkers led by Schlick—and of a philosophical movement that sought to do away with metaphysics and pseudoscience in a city darkened by fascism, anti-Semitism, and unreason. The Vienna Circle's members included Otto Neurath, Rudolf Carnap, and the eccentric logician Kurt Gödel. On its fringes were two other philosophical titans of the twentieth century, Ludwig Wittgenstein and Karl Popper. The Circle championed the philosophy of logical empiricism, which held that only two types of propositions have cognitive meaning, those that can be verified through experience and those that are analytically true. For a time, it was the most fashionable movement in philosophy. Yet by the outbreak of World War II, Schlick's group had disbanded and almost all its members had fled. Edmonds reveals why the Austro-fascists and the Nazis saw their philosophy as such a threat. The Murder of Professor Schlick paints an unforgettable portrait of the Vienna Circle and its members while weaving an enthralling narrative set against the backdrop of economic catastrophe and rising extremism in Hitler's Europe. (shrink)

One of the most innovative and brilliant philosophers of his generation, but largely neglected until he was brought to public attention by Gilles Deleuze, Gilbert Simondon presents a challenge to nearly every category and method of traditional philosophy. Psychic and Collective Individuation is undoubtedly Simondon's most important work and its influence, clearly felt in Stiegler and DeLanda, has continued to grow. David Scott provides the first full introduction to this work, which will inspire as well as instruct philosophers working (...) in Continental thought, philosophy of science, social theory and political philosophy. (shrink)

• If we always see b after a, we are justified in thinking b will follow a the next time we see a. • “A hundred instances or experiments on one side, and fifty on another, afford a doubtful expectation of any event; though a hundred uniform experiments, with only one that is contradictory, reasonably beget a pretty strong degree of assurance” (74).

In this new textbook two Catholic ethicists with extensive teaching experience present a moral theology based on vision. David Matzko McCarthy and James M. Donohue draw widely from the Western philosophical tradition while integrating biblical and theological themes in order to explore such fundamental questions as What is good? The fourteen chapters in Moral Vision are short and thematic. Substantive study questions engage with primary texts and encourage students to apply theory to everyday life and common human experiences. The (...) book is accessibly written and flexible enough to fit into any undergraduate or seminary course on ethics. (shrink)

This book uses different perspectives on argumentation to show how we create arguments, test them, attack and defend them, and deploy them effectively to justify beliefs and influence others. David Zarefsky uses a range of contemporary examples to show how arguments work and how they can be put together, beginning with simple individual arguments, and proceeding to the construction and analysis of complex cases incorporating different structures. Special attention is given to evaluating evidence and reasoning, the building blocks of (...) argumentation. Zarefsky provides clear guidelines and tests for different kinds of arguments, as well as exercises that show student readers how to apply theories to arguments in everyday and public life. His comprehensive and integrated approach toward argumentation theory and practice will help readers to become more adept at critically examining everyday arguments as well as constructing arguments that will convince others. (shrink)

In this groundbreaking book David Roberts sets out to demonstrate the centrality of the total work of art to European modernism since the French Revolution.

Evolution is frequently concentrated in bursts of rapid morphological change and speciation followed by long‐term stasis. We propose that this pattern of punctuated equilibria results from an evolutionary tug‐of‐war between host genomes and transposable elements (TEs) mediated through the epigenome. According to this hypothesis, epigenetic regulatory mechanisms (RNA interference, DNA methylation and histone modifications) maintain stasis by suppressing TE mobilization. However, physiological stress, induced by climate change or invasion of new habitats, disrupts epigenetic regulation and unleashes TEs. With their capacity (...) to drive non‐adaptive host evolution, mobilized TEs can restructure the genome and displace populations from adaptive peaks, thus providing an escape from stasis and generating genetic innovations required for rapid diversification. This “epi‐transposon hypothesis” can not only explain macroevolutionary tempo and mode, but may also resolve other long‐standing controversies, such as Wright's shifting balance theory, Mayr's peripheral isolates model, and McClintock's view of genome restructuring as an adaptive response to challenge. (shrink)

Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right to the (...) best possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)

Discovering high-level causal relations from low-level data is an important and challenging problem that comes up frequently in the natural and social sciences. In a series of papers, Chalupka etal. (2015, 2016a, 2016b, 2017) develop a procedure forcausal feature learning (CFL) in an effortto automate this task. We argue that CFL does not recommend coarsening in cases where pragmatic considerations rule in favor of it, and recommends coarsening in cases where pragmatic considerations rule against it. We propose a new technique, (...) pragmatic causal feature learning (PCFL), which extends the original CFL algorithm in useful and intuitive ways. We show that PCFL has the same attractive measure-theoretic properties as the original CFL algorithm. We compare the performance of both methods through theoretical analysis and experiments. (shrink)

The last one hundred years has seen unimaginable technological progress transforming every aspect of human life. Yet we seem unable to shake a profound unease with the direction of modern technology and its ideological siblings, global capitalism and massive consumption. Philosophers such as Marcuse, Borgmann and especially Heidegger, have developed important analyses of technological society, however in this book David Lewin argues that their ideas have remained limited either by their secular context, or by the narrow conception of religion (...) that they do allow. This study guides the reader along the newly formed paths of the philosophy of technology, arguing that where those paths come to an abrupt end, a religious discourse is needed to articulate the ultimate concerns that drive technological action. It calls for a meditation on the central insight of many religious traditions that, in an ultimate sense, we 'know not what we do.' To acknowledge that we know not what we do is the first step towards a theology of technology that draws upon insights from the mystical theological tradition, as well as from recent developments in the continental philosophy of religion. (shrink)

The Addresses to the German Nation is one of Fichte's best-known works. It is also his most controversial work because of its nationalist elements. In this book, David James places this text and its nationalism within the context provided by Fichte's philosophical, educational and moral project of creating a community governed by pure practical reason, in which his own foundational philosophical science or Wissenschaftslehre could achieve general recognition. Rather than marking a break in Fichte's philosophy, the Addresses to the (...) German Nation and some lesser-known texts from the same period are shown to develop themes already present in his earlier writings. The themes discussed include the opposition between idealism and dogmatism, the role of Fichte's 'popular' lectures and writings in leading individuals to the standpoint of idealism, the view of history demanded by idealism and the role of the state in history. (shrink)

PurposeThis purpose of this paper is to identify principal stakeholders and needs in e‐inclusion, with particular reference to senior citizens, determining to what extent those needs are being met or could be met by other stakeholders. It considers inclusive stakeholder organisational structures that could address unmet needs.Design/methodology/approachAlthough the European Commission, Member States, local authorities, industry, and researchers have called for greater collaboration and partnerships among stakeholders to overcome the so‐called digital divides, little attention has been giv]en to the form of (...) collaboration. Reviewing various policy‐oriented documents, this paper compiles a list of principal stakeholders and their e‐inclusion needs, reviews existing multi‐stakeholder undertakings and partnership structures as candidates for addressing needs not already met.FindingsMany important e‐inclusion needs are not addressed by any multi‐stakeholder undertaking. Some structured collaboration or partnership should address those needs. A new structure should not merely represent all interested stakeholders, but involve them in decision‐making processes.Research limitations/implicationsThis is a conceptual paper, constrained by length from producing a detailed list of needs. Similarly, although the paper identifies 12 different stakeholder categories, some could be further segmented.Practical implicationsFurther research and analysis could be undertaken sourcing each identified need, perhaps adding others and further segmenting stakeholder categories.Originality/valueThe paper is of value to stakeholders involved or interested in e‐inclusion efforts. It uses a novel, straight‐forward, approach for identifying stakeholders and needs, who can meet those needs and who is addressing those needs. (shrink)

In this book, I offer an account of intentional action. The book has two main parts: in the first part, I discuss and criticize the currently prevailing account of intentional action—the Causal Theory of Action (CTA)—and, in the second part, I offer my alternative account. The CTA proposes essentially two conditions for something that you do to be an intentional action: (1) what you do is represented by your intention (or other mental attitudes), and (2) it is caused by your (...) intention. Against the CTA, I argue that, since it conceives of representation and causality as essentially separate conditions, it cannot explain why, when someone acts intentionally, it is not a mere accident that both conditions are jointly satisfied: i.e., that the intention causes the movement it represents. The CTA’s inability to rule out such accidentality is, as I argue further, the deeper source of the notorious problem of deviant causation. Given this diagnosis, I claim that the key for a satisfactory account of intentional action is to conceive of the essential unity of representation and causality in intentional action. Doing so, I suggest, requires understanding a distinctive sort of causality at work in intentional action. Following the work of G.E.M. Anscombe, I argue that what is distinctive of the sort of causal-explanatory connection captured in action explanations like “S is doing A because she intends to do B” is that it is essentially known by the acting subject. In the final sections of the book, I then develop and defend a conception of the sort of self-knowledge involved in intentional action. (shrink)

The Varnished Truth gives us a careful, spirited, and fresh look at the multi-layered subject of deception and truth-telling in everyday life.

In “Freedom and Resentment,” P. F. Strawson argues that the “profound opposition” between the objective and reactive stances is quite compatible with our rationally retaining the latter as important elements in a recognizably human life. Unless he can establish this, he has no hope of establishing his version of compatibilism in the free will debate. But, because objectivity is associated so intimately with the rationally conducted explanation of action, it is not clear how the opposition of these stances is compatible (...) with the rationality of the reactive attitudes. More to the point, it is not clear how an intellectual activity like shifting from the reactive to the objective stance can dispel reactive attitudes without thereby also rationally disqualifying them. I solve this puzzle by drawing on the idea that one cognitive component of emotions is the rationally optional “shift of attention.” a feature which in turn helps to explain a lot about the role reactive emotions can play in the fixation of belief. (shrink)

This article offers a new interpretation of Aristotle’s ambiguous and much-discussed claim that pleasure perfects activity. This interpretation provides an alternative to the two main competing readings of this claim in the scholarship: the addition-view, which envisages the perfection conferred by pleasure as an extra perfection beyond the perfection of activity itself; and the identity-view, according to which pleasure just is the perfect activity itself. The proposed interpretation departs from both these views in rejecting their assumption that pleasure cannot perfect (...) the activity itself, and argues that pleasure makes activity perfect by optimising the exercise of one’s capacities for that activity. Those who build or play music with pleasure do so better than those who do not delight in these activities. The basis of this interpretation is Aristotle’s little-read remarks from the following chapter, i. e. NE x.5, about how pleasure “increases” the activity. (shrink)

A complementary strategy can be defined as any organizing activity which recruits external elements to reduce cognitive loads. Typical organizing activities include pointing, arranging the position and orientation of nearby objects, writing things down, manipulating counters, rulers or other artifacts that can encode the state of a process or simplify perception. To illustrate the idea of a complementary strategy, a simple experiment was performed in which subjects were asked to determine the dollar value of collections of coins. In the no-hands (...) condition, subjects were not allowed to touch the coin images or to move their hands in any way. In the hands condition, they were allowed to use their hands and fingers however they liked. Significant improvements in time and number of errors were observed when S's used their hands over when they did not. To explain these facts, a brief account of some commonly observed complementary strategies is presented, and an account of their potential benefits to perception, memory and attention. (shrink)

Originally published in 1989, The Deconstruction of Time was the first to examine what has become the fundamental, even defining, project in continental ...

In birds and frogs, species pairs retain the capacity to produce viable hybrids for tens of millions of years, an order of magnitude longer than mammals. What accounts for these differences in relative rates of pre- and postzygotic isolation? We propose that reproductive mode is a critically important but previously overlooked factor in the speciation process. Viviparity creates a post-fertilization arena for genomic conflicts absent in egg-laying species. With viviparity, conflict can arise between: mothers and embryos; sibling embryos in the (...) womb, and maternal and paternal genomes within individual embryos. Such intra- and intergenomic conflicts result in perpetual antagonistic coevolution, thereby accelerating interpopulation postzygotic isolation. In addition, by generating intrapopulation genetic incompatibility, viviparity-driven conflict favors polyandry and limits the potential for precopulatory divergence. Mammalian diversification is characterized by rapid evolution of incompatible feto-maternal interactions, asymmetrical postzygotic isolation, disproportionate effects of genomically-imprinted genes, and “F2 hybrid enhancement.” The viviparity-driven conflict hypothesis provides a parsimonious explanation for these patterns in mammalian evolution. BioEssays 22:938–946, 2000. © 2000 John Wiley & Sons, Inc. (shrink)

This provocative text considers whether evolutionary explanations can be used to clarify some of life’s biggest questions. Examines topics of race, sex, gender, the nature of language, religion, ethics, knowledge, consciousness and ultimately, the meaning of life Each chapter presents a main topic, together with discussion of related ideas and arguments from various perspectives Addresses questions such as: Did evolution make men and women fundamentally different? Is the concept of race merely a social construction? Is morality, including universal human rights, (...) a mass delusion? Can religion and evolution really be harmonized? Does evolution render life meaningless? Written in a clear and informative style, with helpful references for further reading and research. (shrink)

Recent decades have seen a significant increase in physicians participating in international short-term missions to regions with limited or no access to health care by virtue of natural disaster or lack of resources. Recent publications in the ethics literature have explored the potential of these missions for unintentional harm to the intended beneficiaries. Less has been discussed about how to respond when harm actually occurs. The authors review the ethical issues raised by short-term medical and humanitarian missions and the literature (...) on responding to unintended error to provide guidelines for avoiding harm to the intended beneficiaries of missions and an appropriate response when harm occurs. Two cases demonstrating an analysis and response to unintended harm are presented. (shrink)

We usually withhold attributions of moral responsibility when a person acts on preferences that are induced without her consent by other people by means of conditioning, post-hypnotic suggestion, neurological fiddling and similar techniques. However, this is not generally the case when a person induces preferences in herself by the process of character building. However, the distinction between non-responsibility and responsibility for preferences does not map neatly onto the distinction between psychological induction by other and by self. Sometimes responsibility-grounding freedom of (...) action and autonomy of will re compromised when a person induces preferences in herself by adaptive preference-formation, the mechanism that sets up the cry of “sour grapes.” They can also be compromised when a person intentionally undertakes a strategy of self-abnegating resignation to oppressive necessity. It remains unclear, nonetheless, how the unfreedom and heteronomy of preferences calibrated to the merely feasible contrasts with the freedom and autonomy of planned preferences-changes guided by the person’s own values in projects of character building. (shrink)

David Berlinski, a senior fellow at Discovery Institute, writes about three profound mysteries: the existence of the human mind, the existence and diversity of living creatures, and the existence of matter. His other books include: The Devil's Delusion: Atheism and Its Scientific Pretensions, Newton's Gift, and A Tour of the Calculus.