In this paper we distinguish between epistemic dilemmas, epistemic quasi-dilemmas, and quasi epistemic dilemmas. Our starting point is the commonsense position that S faces a genuine dilemma only when S must take one of two paths and both are bad. It’s the “must” that we think is key. Moral dilemmas arise because there are cases where S must perform A and S must perform B—where ‘must’ implies a moral duty—but S cannot do both. In such a situation, S is doomed (...) to violate a moral obligation. Analogously, S face’s a genuine epistemic dilemma only if she has an epistemic duty to believe that p and at the same time an epistemic duty to not believe that p (either because she has a duty to believe ~p or a duty to suspend judgment). We argue that such cases never arise because there is no epistemic duty to adopt a particular doxastic attitude towards any particular proposition (ever). Hence, there are no epistemic dilemmas. Nevertheless, one might suppose there are situations in which one’s evidence pulls in different directions without determining a uniquely justified doxastic attitude. Such epistemic quasi-dilemmas aren’t full-fledged dilemmas, but they are arguably close enough to pose a genuine problem for the believer. But we argue that there are no genuine epistemic quasi-dilemmas either: They are all resolvable in principle. Fans of dissonance will not be totally disappointed, however, since we argue that there may well be quasi-epistemic dilemmas. These are genuinely unwinnable situations in which one’s moral or pragmatic obligations to do epistemically-relevant things make incompatible demands. (shrink)

There are arguably moral, legal, and prudential constraints on behavior. But are there epistemic constraints on belief? Are there any requirements arising from intellectual considerations alone? This volume includes original essays written by top epistemologists that address this and closely related questions from a variety of new, sometimes unexpected, angles. It features a wide variety of positions, ranging from arguments for and against the existence of purely epistemic requirements, reductions of epistemic requirements to moral or prudential requirements, the biological foundations (...) of epistemic requirements, extensions of the scope of epistemic requirements to include such things as open- mindedness, eradication of implicit bias and interpersonal duties to object, to new applications such as epistemic requirements pertaining to storytelling, testimony, and fundamentalist beliefs. Anyone interested in the nature of responsibility, belief, or epistemic normativity will fi nd a range of useful arguments and fresh ideas in this cutting- edge anthology. (shrink)

An evidentialist can be extreme about epistemic requirements in a couple of different ways. At the reductionist end of the spectrum are those who think our epistemic obligations are fully satisfied by the mere having of evidential fit—where having implies nothing about doing. Your beliefs ought to align with your evidence, in other words, but there’s nothing you’re obligated to do in order to get yourself into the epistemically optimal position. At the expansionist end of the spectrum are those who (...) think we ought to do more—epistemically-speaking—than just bring about a state of evidential fit. We ought to get more evidence, for instance, if it’s somehow relevant to our beliefs. Rather leery of extremists, we prefer a moderate account of epistemic obligation. It’s a conjunction of three theses: (1) We never have an epistemic duty to believe any particular proposition; (2) We’re epistemically obligated to reflect on our evidence in order to produce a state of evidential fit; (3) We’re never epistemically obligated to acquire any additional evidence. Our aim is to make these plausible. (shrink)

It seems plausible that there can be “no win” moral situations in which no matter what one does one fails some moral obligation. Is there an epistemic analog to moral dilemmas? Are there epistemically dilemmatic situations—situations in which we are doomed to violate an epistemic requirement? If there are, when exactly do they arise and what can we learn from them? A team of top epistemologists address these and closely related questions from a variety of new, sometimes unexpected, angles. Anyone (...) interested in epistemic dilemmas, the nature of justification and evidential support, higher-order requirements, or suspension of judgment will find a range of useful arguments and fresh ideas in this cutting-edge anthology. (shrink)

This volume presents new research on the epistemology of seemings. It features original essays by leading epistemologists on the nature and epistemic import of seemings and intuitions. Seemings and intuitions are often appealed to in philosophical theorizing. In fact, epistemological theories such as phenomenal conservatism and dogmatism give pride of place to seemings. Such views insist that seemings are of central importance to theories of epistemic justification. However, there are many questions about seemings that have yet to be answered satisfactorily. (...) What kinds of seemings are there? How do seemings justify? Are seemings connected to truth? Do they play a significant role in inquiry? The chapters in this volume offer a range of useful arguments and fresh ideas about seemings, the nature of justification and evidential support, intuitions, inquiry, and the nature of inference. Seemings: New Arguments, New Angles will be of interest to researchers and advanced students working in epistemology and philosophy of mind. (shrink)

Internalist theories of epistemic justification supposedly have trouble explaining what justifies beliefs that are both stored in memory and currently out of mind. This is the problem of stored beliefs. This chapter provides a preliminary defence of stored/dispositional appearances and suggests that they provide a straightforward solution to the problem of stored beliefs.

Background 300 million operations and procedures are performed annually across the world, all of which require a patient’s informed consent. No standardised measure of the consent process exists in current clinical practice. We aimed to define a core outcome set for informed consent for therapy. Methods The core outcome set was developed in accordance with a predefined research protocol and the Core OutcoMes in Effectiveness Trials methodology comprising systematic review, qualitative semi structured interviews, a modified Delphi process and consensus webinars (...) to ratify outcomes for inclusion in the final core outcome set.. Participants from all key stakeholder groups took part in the process, including patients and the public, healthcare practitioners and consent researchers. Results 36 outcome domains were synthesised through systematic review and organised into a consent taxonomy. 41 semi-structured interviews were performed with all consent stakeholders groups. 164 participants from all stakeholder groups across 8 countries completed Delphi Round 1 and 125 completed Round 2. 11 outcomes met the ‘consensus in’ criteria. 6 met ‘consensus in’ all stakeholder groups and were included directly in the final core outcome set. 5 remaining outcomes meeting ‘consensus in’ were ratified over two consensus webinars. 9 core outcomes were included in the final core outcome set: Satisfaction with the quality and amount of information, Patient feeling that there was a choice, Patient feeling that the decision to consent was their own, Confidence in the decision made, Satisfaction with communication, Trust in the clinician, Patient satisfaction with the consent process, Patient rated adequacy of time and opportunity to ask questions. Conclusion This international mixed-methods qualitative study is the first of its kind to define a core outcome set for informed consent for intervention. It defines what outcomes are of importance to key stakeholders in the consent process and is a forward step towards standardising future consent research. (shrink)

There is a section in Samuel Delany’s magnificent autobiographical meditation, The Motion of Light in Water, that dramatically raises the problem of writing the history of difference, the history, that is, of the designation of “other,” of the attribution of characteristics that distinguish categories of people from some presumed norm.1 Delany recounts his reaction to his first visit to the St. Marks bathhouse in 1963. He remembers standing on the threshold of a “gym-sized room” dimly lit by blue bulbs. The (...) room was full of people, some standing, the rest an undulating mass of naked, male bodies, spread wall to wall. My first response was a kind of heart-thudding astonishment very close to fear. I have written of a space at certain libidinal saturation before. That was not what frightened me. It was rather that the saturation was not only kinesthetic but visible.2Watching the scene establishes for Delany a “fact that flew in the face” of the prevailing representation of homosexuals in the 1950s as “isolated perverts,” as subjects “gone awry.” The “apprehension of massed bodies” gave him a “sense of political power”:what this experience said was that there was a population—not of individual homosexuals … not of hundreds, not of thousands, but rather of millions of gay men, and that history had, actively and already, created for us whole galleries of institutions, good and bad, to accommodate our sex. [M, p. 174] 2. Samuel R. Delany, The Motion of Light in Water: Sex and Science Fiction Writing in the East Village, 1957-1965 , p. 173; hereafter abbreviated M. Joan W. Scott is professor of social science at the Institute for Advanced Study in Princeton, New Jersey. She is the author, most recently, of Gender and the Politics of History and is currently at work on a history of feminist claims for political rights in France during the period 1789-1945 as a way of exploring arguments about equality and difference. (shrink)

What are the objects of science? Are they just the things in our scientific experiments that are located in space and time? Or does science also require that there be additional things that are not located in space and time? Using clear examples, these are just some of the questions that Scott Berman explores as he shows why alternative theories such as Nominalism, Contemporary Aristotelianism, Constructivism, and Classical Aristotelianism, fall short. He demonstrates why the objects of scientific knowledge need (...) to be not located in space or time if they are to do the explanatory work scientists need them to do. The result is a contemporary version of Platonism that provides us with the best way to explain what the objects of scientific understanding are, and how those non-spatiotemporal things relate to the spatiotemporal things of scientific experiments, as well as everything around us, including even ourselves. (shrink)

In exploring this tradition of philosophical reflection on the nature of goodness, the twelve essays in this book (all but two published here for the first time) present some of the best recent historical scholarship in...

The treatment in what follows of the politics of hegemony is not per se one of Gramsci, or Laclau or of Stuart Hall's earlier work. At stake is something that encompasses a more general regime of power that will be developed throughout the length of this: what might be called 'extensive politics'. What I will try to show is that such extensive power or such an extensive politics is being progressively displaced by a politics of intensity. I will trace the (...) shift from hegemony or extensive politics to such an intensive politics in terms of: 1) a transition to an ontological regime of power, from a regime that in important respects is 'epistemological', 2) a shift in power from the hegemonic mode of 'power over' to an intensive notion of power from within (including domination from within) and power as generative force, 3) a shift from power and politics in terms of normativity to a regime of power much more based in what can be understood as a 'facticity'. This points to a general transition from norm to fact in politics. From hegemonic norm to what we will see are intensive facts. The fourth section will look at this shift through a change from an extensive (and hegemonic) regime of representation to an intensive regime of communications. (shrink)

The rise and spectacular fall of the friendship between the two great philosophers of the eighteenth century, barely six months after they first met, reverberated on both sides of the Channel. As the relationship between Jean-Jacques Rousseau and David Hume unraveled, a volley of rancorous letters was fired off, then quickly published and devoured by aristocrats, intellectuals, and common readers alike. Everyone took sides in this momentous dispute between the greatest of Enlightenment thinkers. In this lively and revealing book, Robert (...) Zaretsky and John T. Scott explore the unfolding rift between Rousseau and Hume. The authors are particularly fascinated by the connection between the thinkers’ lives and thought, especially the way that the failure of each to understand the other—and himself—illuminates the limits of human understanding. In addition, they situate the philosophers’ quarrel in the social, political, and intellectual milieu that informed their actions, as well as the actions of the other participants in the dispute, such as James Boswell, Adam Smith, and Voltaire. By examining the conflict through the prism of each philosopher’s contribution to Western thought, Zaretsky and Scott reveal the implications for the two men as individuals and philosophers as well as for the contemporary world. (shrink)

Sharrad, Scott After the Census in 2011, the Australian Bureau of Statistics under took a major review of the questions it asks, how it asks them and how it presents them on Household Forms. Consequently, there was a large campaign around the question, 'What is the person's religion?' The push was on to either change the wording, split the question or to bring the 'no religion' option to the top of the list.

Sharrad, Scott; Bartholomeusz, David; Henderson, Stewart.

Sharrad, Scott The Council of Australian Humanist Societies has been in existence for over 50 years and in that time it has been kept running by some incredibly committed individuals. Over that time, the way CAHS and organised Humanism in general have operated in Australia has remained more or less the same. Indeed, in the September 1975 issue of the Australian Humanist - just 10 years after the formation of CAHS - Chairman Nick Stenning was lamenting the lack of (...) volunteers at the national level and real communication between state societies; a common complaint that is still to be heard around the traps today. (shrink)

Sharrad, Scott It is never a popular thing to say, 'We're in trouble.' But that is exactly what needs to be said about organised Humanism in Australia at the moment.

Introduction to the Special Volume, “Method, Science and Mathematics: Neo-Kantianism and Analytic Philosophy,” edited by Scott Edgar and Lydia Patton. At its core, analytic philosophy concerns urgent questions about philosophy’s relation to the formal and empirical sciences, questions about philosophy’s relation to psychology and the social sciences, and ultimately questions about philosophy’s place in a broader cultural landscape. This picture of analytic philosophy shapes this collection’s focus on the history of the philosophy of mathematics, physics, and psychology. The following (...) essays uncover, reflect on, and exemplify modes of philosophy that are engaged with these allied disciplines. They make the case that, to the extent that analytic philosophers are still concerned with philosophy’s ties to these disciplines, we would do well to pay attention to neo-Kantian views on those ties. (shrink)

Scott Gordon provides a magisterial review of the historical development of the social sciences from their beginnings in renaissance Italy to the present day.

By a free logic is generally meant a variant of classical first-order logic in which constant terms may, under interpretation, fail to refer to individuals in the domain D over which the bound variables range, either because they do not refer at all or because they refer to individuals outside D. If D is identified with what is assumed by the given interpretation to exist, in accord with Quine’s dictum that “to be is to be the value of a [bound] (...) variable,” then a free variation on classical semantics does not require that all constant terms refer to existents, and in this sense such terms lack existential import. (shrink)

In Algorithms & Autonomy, Rubel, Castro, and Pham (hereafter RCP), argue that the concept of autonomy is especially central to understanding important moral problems about algorithms. In particular, autonomy plays a role in analyzing the version of social contract theory that they endorse. I argue that although RCP are largely correct in their diagnosis of what is wrong with the algorithms they consider, those diagnoses can be appropriated by moral theories RCP see as in competition with their autonomy based theory. (...) Most notably, proponents of consequentialism and virtue ethics can appropriate RCPs insights. This is good news because RCP’s social contract theory is vulnerable to a well known class of counterexamples. The most significant contribution of RCP, if I am right, is in their identification, presentation, and evaluation of concrete cases involving algorithms and not in the more controversial claims about theoretical ethics that RCP themselves see as central to what they are doing. (shrink)

François Jullien intervenes into the ontology debates to understand Chinese thought as an anti-ontology, but instead in terms of ‘life’, that is as a sort of vitalism. Chinese anti-ontology features the juxtaposition of the wu (there-is-not) with the you (there-is). This, I argue, maps onto theology’s counterposition of otherworldly and this-worldly. Here Daoism features an ascetic and unstratified wu in contraposition to Confucianism’s you of moderation and stratification. We contrast ontology’s causation with ‘efficacy’ in Jullien’s Chinese thought. We read Zhuangzi’s (...) ‘Equalization of Things’, where the inequalities of the you are equalized in the wu, as a sort of vitalist object energetics. We turn to Chinese ethics, and its driving virtue of yi. We understand the yi not as ‘righteousness’, which is a theological attribute of Christ, but instead as closer to political ‘right’, in China embedded in immanentist forms of life. Western Cartesian ontology is often contrasted with Chinese thought that works through a certain ‘analogism’. We read this, with Walter Benjamin’s Chinese ‘mimetic’ faculty, in terms of a vitalist energetics, a forcefield of the Ten Thousand Things. (shrink)

Scott Lash interviews John Searle, one of the foremost contemporary philosophers. Over the course of the conversation, Searle discusses his research into performativity, language and intentionality, the question of information and his account of social ontology. The conversation initially deals with the early influence of John Austin and Ludwig Wittgenstein as well as Searle's relationship to phenomenology and the rest of the philosophical tradition. This offers a conceptual reconstruction of Searle’s work from multiple perspectives. Crucial concepts are highlighted such (...) as performativity, speech acts, intentionality and natural language. The discussion also touches on Searle’s recent debates around the questions of information and consciousness. The conversation ends with an overview of Searle’s social ontology, his theory of institutions and his relationship with post-structuralism. (shrink)

The brief, practical texts in the Essentials of Qualitative Methods series introduce social science and psychology researchers to key approaches to capturing phenomena not easily measured quantitatively, offering exciting, nimble opportunities to gather in-depth qualitative data. In this book, Scott D. Churchill introduces readers to existential phenomenological research, an approach that seeks an in-depth, embodied understanding of subjective human existence that reflects a person's values, purposes, ideals, intentions, emotions, and relationships. This method helps researchers understand the lives and needs (...) of others by helping identify and set aside theoretical and ideological prejudgments. About the Essentials of Qualitative Methods book series: Even for experienced researchers, selecting and correctly applying the right method can be challenging. In this groundbreaking series, leading experts in qualitative methods provide clear, crisp, and comprehensive descriptions of their approach, including its methodological integrity, and its benefits and limitations. Each book includes numerous examples to enable readers to quickly and thoroughly grasp how to leverage these valuable methods. (shrink)

It is widely believed that Perelman and Olbrechts-Tyteca’s theory of argumentation is vulnerable to the charge of relativism. This paper provides a more charitable interpretation of Perelman and Olbrechts-Tyteca’s normative views, one that properly considers the historical trajectory of their work and a wider range of texts than existing interpretations. It is argued that their views are better characterized as a form of “contrastivism about arguments” than any kind relativism. This more accurate depiction contributes to ongoing efforts to revive interest (...) in Perelman and Olbrechts-Tyteca’s work as well as build bridges with trends in contemporary argumentation theory. (shrink)

We unify three approaches within the vast body of gauge-theory research that have independently developed distinct representations of a geometrical surface-like structure underlying the vector-potential. The three approaches that we unify are: those who use the compactified dimensions of Kaluza–Klein theory, those who use Grassmannian models models) to represent gauge fields, and those who use a hidden spatial metric to replace the gauge fields. In this paper we identify a correspondence between the geometrical representations of the three schools. Each school (...) was mostly independently developed, does not compete with other schools, and attempts to isolate the gauge-invariant geometrical surface-like structures that are responsible for the resulting physics. By providing a mapping between geometrical representations, we hope physicists can now isolate representation-dependent physics from gauge-invariant physical results and share results between each school. We provide visual examples of the geometrical relationships between each school for \\) electric and magnetic fields. We highlight a first new result: in all three representations a static electric field has a hidden gauge-invariant time dependent surface that is underlying the vector potential. (shrink)

Boycotts, shunning, and shaming sometimes wrong their targets by offering corrupt incentives that undermine significant individual aims. These tactics unjustly harm targets when they aim to impede living authentically, deterring them from declaring their beliefs in public or pursuing important projects. They are corrupt because they make their targets willing participants in these harms. They subvert their targets’ ambitions not to allow money or social pressure to influence their most important actions. Although individuals must maintain their integrity, people also have (...) a moral responsibility not to undermine those efforts. Not all uses of these tactics conflict with an anti-corruption norm. Many labor and consumer boycotts likely do not threaten authenticity. Other uses arguably pursue non-corrupt aims, such as punishment, norm-reinforcement, or non-complicity, threatening corruption only as an unintended consequence. Even as to these, several considerations weigh against using boycotts, shunning, and shaming. Using these techniques for punishment and norm-reinforcement is often inappropriate in a liberal society. Some uses that appear to aim at non-complicity also aim at corrupting their targets. Finally, sometimes imposing a risk of unintended corruption wrongs those exposed to such risks. (shrink)

This article is an attempt to flesh out this ancient idea of lex orandi, lex credendi by clarifying both the nature of lex credendi, religion, and lex orandi, liturgy, constructing a framework for understanding the dynamic formative relationship between the two. After doing so, the article briefly surveys this relationship through the course of church history, noting the importance liturgy plays in both forming and revealing the Christian Faith. Finally, it highlights the necessity to recover a lost understanding that worship (...) involves more than simply expressing devotion to God through songs Christians enjoy; rather, worship forms the very core of who Christians are. (shrink)

An Edge Discussion of BEYOND BELIEF: Science, Religion, Reason and Survival Salk Institue, La Jolla November 5-7, 2006.

Baumard et al. attribute morality to a naturally selected propensity to share costs and benefits of cooperation fairly. But how does mundane mutualism relate to transcendent notions of morality critical to creating cultures and civilizations? Humans often make their greatest exertions for an idea they form of their group. Primary social identity is bounded by sacred values, which drive individuals to promote their group through non-rational commitment to actions independently of likely risks and rewards.

This chapter focuses on the issue of methodological usefulness of a strong versus weak adaptationist position in attempting to gain significant insight and to make scientifically important advances and discoveries in human cognition. Strong adaptationism holds that complex design is best explained by task-specific adaptations to particular ancestral environments; whereas weak adaptationism claims that we should not assume that complex design is the result of such narrowly determined task- or niche-specific evolutionary pressures in the absence of substantial corroborating evidence. It (...) argues that in cases of certain domain-specific cognitive competencies strong adaptationism has proven useful but not necessary to recent progress in the field. In other cases, a weak adaptationist strategy has been arguably most productive in advancing scientific understanding, without precluding that the structures uncovered by other means are actually adaptations. (shrink)

NOT all groups that the United States government classifies as terrorist organizations are equally bad or dangerous, and not all information conveyed to them that is based on political, academic or scientific expertise risks harming our national security. Unfortunately, the Supreme Court, which last week upheld a law banning the provision of “material support” to foreign terrorist groups, doesn't seem to consider those facts relevant.... The two of us are social scientists who study and interact with violent groups in order (...) to find ways out of intractable conflicts. In the course of this work and in our discussions with decision makers in the Middle East and elsewhere we have seen how informal meetings and exchanges of knowledge have borne fruit. It's not that religious, academic or scientific credentials automatically convey trust, but when combined with a personal commitment to peace, they often carry weight beyond mere opinion or desire.... In our own work on groups categorized as terrorist organizations, we have detected significant differences in their attitudes and actions. For example, in our recent interactions with the leader of the Palestinian militant group Islamic Jihad Ramadan Shallah, we were faced with an adamant refusal to ever recognize Israel or move toward a two-state solution. Yet when we talked to Khaled Meshal, the leader of Hamas, he said that his movement could imagine a two-state “peace”. In our time with Mr. Meshal's group, we were also able to confirm something that Saudi and Israeli intelligence officers had told us: Hamas has fought to keep Al Qaeda out of its field of influence, and has no demonstrated interest in global jihad. Whether or not the differences among Al Qaeda, Islamic Jihad, Hamas and other violent groups are fundamental, rather than temporary or tactical, is something only further exploration will reveal. But to assume that it is invariably wrong to engage any of these groups is a grave mistake.... (shrink)

This volume explores the philosophical issues involved in the idea of petitionary prayer, where this is conceived as an activity designed to influence the action of the all-knowing, all-powerful, perfectly good God of traditional theism. Theists have always recognized various logical and moral limits to divine action in the world, but do these limits leave any space among God's reasons for petitionary prayer to make a difference? Petitionary Prayer: A Philosophical Investigation develops a new account of the conditions required for (...) a petitionary prayer to be answered by employing the notion of contrastive explanation. With careful attention to recent developments in metaphysics, epistemology, and value theory, Scott A. Davison surveys the contemporary literature on this question. He considers questions about human freedom and responsibility in relation to different views of divine providence, along with the puzzles inherent in Christian teachings concerning petitionary prayer. Davison develops new challenges to the coherence of the idea of answered petitionary prayer based upon the nature of divine freedom, the limits of human knowledge, and the nature of those good things that require a recipient's permission before they can be given. He proposes new defences, building upon careful analysis of the shortcomings of previous proposals and clarifying the issues for future debate. (shrink)

Bas van Fraassen has argued that explanatory reasoning does not provide confirmation for explanatory hypotheses because explanatory reasoning increases information and increasing information does not provide confirmation. We compare this argument with a skeptical argument that one should never add any beliefs because adding beliefs increases information and increasing information does not provide confirmation. We discuss the similarities between these two arguments and identify several problems with van Fraassen’s argument.

This article presents a case for the revaluation of vitalism in sociological theory. It argues for the relevance of such a Lebenssoziologie in the global information age. The body of the article addresses what a vitalist sociology might be through a consideration of Georg Simmel. The analysis works from the juxtapositon of vitalist monadology with postivist atomism. It shows how Simmel drew on the Kantian cognition to develop an idea of the social. Here Kant’s Newtonian atomism was transformed into Simmel’s (...) Darwinian atomism. ‘Form’, for Kant, is the a priori of the cognitive categories. For Simmel form is the functions that constitute the social a priori. The other of form is substance. Simmelian ‘substance’, we see, is understood as ‘life’. We view this in the context of Leibniz’s monadology. In this the monad is simple substance as difference. The monad is self-organizing, conceived on the lines of not the extensivity of res extensa, but the intensivity of res cogitans; the monad is possessed with memory as trace; it is comprised of relations of perception; it is reflexive. In each case monadology is systematically contrasted with atomism. We consider the Bergsonian and Nietzschean impetus in Simmel’s shift from Darwinian atomistic evolution to monadological creative evolution. We compare Marx’s labour theory of value with Simmel’s ‘life theory of value’. For Marx it is labour that makes up value-substance: for Simmel life is value-substance. We examine Simmel’s core notion of life as social substance: as a primordial inter-subjectivity of flux. We conclude with a contrast of such ‘flux’ and flow: of such a flux of ‘becoming’ and invention in contrast to the flows of domination of today’s global capitalism. (shrink)

Introduction: Healthcare practitioners have a legal, ethical and professional obligation to obtain patient consent for all healthcare treatments. There is increasing evidence which suggests dissonance and variation in practice in assessment of decision-making capacity and consent processes. Aims: This study explores healthcare practitioners’ knowledge and practices of assessing decision-making capacity and obtaining patient consent to treatment in the acute generalist setting. Methods: An exploratory descriptive cross-sectional survey design, using an online questionnaire, method was employed with all professional groups invited via (...) email to participate. Data were collected over 3 months from July to September 2015. Survey content and format was reviewed by the liaison psychiatry team and subsequently contained five sections (demographics, general knowledge and practice, delirium context, legal aspects and education/training). Descriptive, univariate and bivariate analysis of quantitative data and qualitative content analysis of qualitative data were undertaken. Ethical considerations: The study was approved by the institutional Human Research and Ethics Committee and informed consent was taken to be provided by participants upon completion and submission of the de-identified survey. Results: In total, 86 participants engaged the survey with n = 24, exiting at the first consent question. Almost two-thirds of respondents indicated that all treatments required patient consent. Knowledge of consent and decision-making capacity as legal constructs was deficient. Decision-making capacity was primarily assessed using professional judgement and perceived predominantly as the responsibility of medical and psychology staff. A range of patient psychological and behavioural symptoms were identified as indicators requiring assessment of decision-making capacity. Despite this, many patients with delirium have their decision-making capacity assessed and documented only sometimes. Uncertain knowledge and inconsistent application of legislative frameworks are evident. Many participants were unsure of the legal mechanisms for obtaining substitute consent in patients with impaired decision-making capacity and refusing treatment. Conclusion: The legal context of decision-making capacity and consent to treatment appears complex for healthcare practitioners. Professional, ethical and legal standards of care in this context can benefit from structured education programmes and supportive governance processes. An understanding of why ‘duty of care’ is being used as a framework within the context of impaired decision-making capacity is warranted, alongside a review of the context of Duty of Care within health policy, guidance and faculty teaching. (shrink)