Los retos planteados por el avance y desarrollo de las tecnologías disruptivas han dinamizado la actividad del legislador, exigiendo nuevas respuestas y garantías a bienes jurídicos ya conocidos. Este es ahora el caso de la privacidad del pensamiento y de la igualdad entre personas, que han derivado en el nacimiento de nuevos derechos como la privacidad mental o el derecho al acceso equitativo a la aumentación cognitiva. En el presente artículo se estudiarán ambos derechos, así como su (...) encaje tanto en el ordenamiento jurídico español como en el chileno. Este último de especial relevancia por ser el primer sistema jurídico en regular los neuroderechos. (shrink)

A raíz de los avances realizados en neurociencia y sus implicancias en el derecho en general, y el derecho penal en particular, nos proponemos a evaluar si la normativa de los tratados internacionales sobre derechos humanos es suficiente para cubrir los principios que surgen de sus postulados, o si es necesaria una ampliación (ya sea interpretativa o normativa) en Latinoamérica. Realizaremos un breve repaso de los avances en el campo del neuroderecho y consideraremos algunas de las propuestas más destacadas. Trataremos (...) el derecho a la libertad cognitiva, la privacidad y la integridad mentales y la continuidad psicológica. Finalmente, proponemos una ampliación del bloque convencional interamericano de derechos humanos para dar respuesta a los nuevos posibles conflictos de derechos y garantías. (shrink)

After experiments with various economic systems, we appear to have conceded, to misquote Winston Churchill that "free enterprise is the worst economic system, except all the others that have been tried." Affirming that conclusion, I shall argue that in today's expanding global economy, we need to revisit our mind-sets about corporate governance and leadership to fit what will be new kinds of free enterprise. The aim is to develop a values-based model for corporate governance in this age of globalization that (...) will be appropriate in a variety of challenging cultural and economic settings. I shall present an analysis of mental models from a social constructivist perspective. I shall then develop the notion of moral imagination as one way to revisit traditional mind-sets about values-based corporate governance and outline what I mean by systems thinking. I shall conclude with examples for modeling corporate governance in multi-cultural settings and draw tentative conclusions about globalization. (shrink)

The capacity to stabilize the content of attention over time varies among individuals, and its impairment is a hallmark of several mental illnesses. Impairments in sustained attention in patients with attention disorders have been associated with increased trial-to-trial variability in reaction time and event-related potential deficits during attention tasks. At present, it is unclear whether the ability to sustain attention and its underlying brain circuitry are transformable through training. Here, we show, with dichotic listening task performance and electroencephalography, that (...) training attention, as cultivated by meditation, can improve the ability to sustain atten- tion. Three months of intensive meditation training reduced variability in attentional processing of target tones, as indicated by both enhanced theta-band phase consistency of oscillatory neural responses over anterior brain areas and reduced reaction time variability. Furthermore, those individuals who showed the greatest increase in neural response consistency showed the largest decrease in behav- ioral response variability. Notably, we also observed reduced variability in neural processing, in particular in low-frequency bands, regardless of whether the deviant tone was attended or unattended. Focused attention meditation may thus affect both distracter and target processing, perhaps by enhancing entrainment of neuronal oscillations to sensory input rhythms, a mechanism important for controlling the content of attention. These novel findings highlight the mechanisms underlying focused attention meditation and support the notion that mental training can significantly affect attention and brain function. (shrink)

How can mental properties bring about physical effects, as they seem to do, given that the physical realizers of the mental goings-on are already sufficient to cause these effects? This question gives rise to the problem of mental causation (MC) and its associated threats of causal overdetermination, mental causal exclusion, and mental causal irrelevance. Some (e.g., Cynthia and Graham Macdonald, and Stephen Yablo) have suggested that understanding mental-physical realization in terms of the determinable/determinate relation (...) (henceforth, 'determination') provides the key to solving the problem of MC: if mental properties are determinables of their physical realizers, then (since determinables and determinates are distinct, yet don't causally compete) all three threats may be avoided. Not everyone agrees that determination can do this good work, however. Some (e.g., Douglas Ehring, Eric Funkhauser, and Sven Walter) object that mental-physical realization can't be determination, since such realization lacks one or other characteristic feature of determination. I argue that on a proper understanding of the features of determination key to solving the problem of MC these arguments can be resisted. (shrink)

In addressing the question of what mental health is we might proceed as if there is a single phenomenon – mental health – denoted by a single overarching concept. The task, then, is to provide an informative analysis of this concept which applies to all and only instances of mental health, and which illuminates what it is to be mentally healthy. In contrast, mental health pluralism is the idea that there are multiple mental health phenomena (...) denoted by multiple concepts of mental health. Analysis and illumination of mental health may still be possible, but there isn’t a single phenomenon or concept to be analysed in addressing the question of what mental health is. The question of pluralism has been overlooked in the philosophy of mental health. The discussion to follow is an attempt to get us to take mental health pluralism seriously. To that end, in this essay I have three primary goals: (1) to give a precise account of what mental health pluralism is, (2) to show that the question of pluralism should not be neglected in debate about what mental health is, and (3) to argue for mental health pluralism. I also draw out some implications of this discussion for philosophy, science, and psychotherapy. (shrink)

This chapter offers a novel defence of Szasz’s claim that mental illness is a myth by bringing to bear a standard type of thought experiment used in philosophical discussions of the meaning of natural kind concepts. This makes it possible to accept Szasz’s conclusion that mental illness involves problems of living, some of which may be moral in nature, while bypassing the debate about the meaning of the concept of illness. The chapter then considers the nature of schizophrenia (...) and the personality disorders (PDs) within this framework. It argues that neither is likely to constitute a scientifically valid category, but that nonetheless their symptoms can be scientifically explained. It concludes with a discussion of the way in which Cluster B or ‘bad’ PDs involve failures of virtue or character, and argues that this does not preclude them from being appropriately treated within contemporary, multidisciplinary, mental health services. (shrink)

Due to several socio-political factors, to many psychiatrists only a strictly objective definition of mental disorder, free of value components, seems really acceptable. In this paper, I will explore a variant of such an objectivist approach to defining metal disorder, natural function objectivism. Proponents of this approach make recourse to the notion of natural function in order to reach a value-free definition of mental disorder. The exploration of Christopher Boorse's 'biostatistical' account of natural function (1) will be followed (...) an investigation of the 'hybrid naturalism' approach to natural functions by Jerome Wakefield (2). In the third part, I will explore two proposals that call into question the whole attempt to define mental disorder (3). I will conclude that while 'natural function objectivism' accounts fail to provide the backdrop for a reliable definition of mental disorder, there is no compelling reason to conclude that a definition cannot be achieved. (shrink)

The Heisenberg-Gabor uncertainty principle defines the limits of information resolution in both time and frequency domains. The limit of resolution discloses unique properties of a time series by frequency decomposition. However, classical methods such as Fourier analysis are limited by spectral leakage, particularly in longitudinal data with shifting periodicity or unequal intervals. Wavelet transformation provides a workable compromise by decomposing the signal in both time and frequency through translation and scaling of a basis function followed by correlation or convolution with (...) the original signal. This study aimed to compare the accuracy of predictive models in mental arithmetic in time and frequency domains. Analysis of the author's response time at mental arithmetic using a soroban was modeled for two periods, an initial period, and a return period both separated by an interval of 370 days. The median response times in seconds was longer for all tasks during the TI compared to the TR period, for addition [CTAdd 62 vs 50 s] and summation [CTSum 68 vs 57 s]. Response times were longer for errors regardless of the study period or task. There was an increasing phase difference for the addition and summation tasks during the TI period toward the end of the series 49.65o compared to the TR period where the phase difference between the two tasks was only 2.05o, indicating that both tasks are likely demonstrating similar learning rates during the latter study period. A comparison between time and time/frequency domain forecasts for an additional 100 tasks demonstrated higher accuracy of the maximum overlap discrete wavelet transform model, where the mean absolute percentage error ranged between 5.48 and 8.19% and that for the time domain models [autoregressive integrated moving average, generalized autoregressive conditional heteroscedasticity ] was 6.16–10.80%. (shrink)

Much indirect evidence supports the hypothesis that transformations of mental images are at least in part guided by motor processes, even in the case of images of abstract objects rather than of body parts. For example, rotation may be guided by processes that also prime one to see results of a specific motor action. We directly test the hypothesis by means of a dual-task paradigm in which subjects perform the Cooper-Shepard mental rotation task while executing an unseen motor (...) rotation in a given direction and at a previously learned speed. Four results support the inference that mental rotation relies on motor processes. First, motor rotation that is compatible with mental rotation results in faster times and fewer errors in the imagery task than when the two rotations are incompatible. Second, the angle through which subjects rotate their mental images, and the angle through which they rotate a joystick handle are correlated, but only if the directions of the two rotations are compatible. Third, motor rotation modifies the classical inverted V-shaped mental rotation response time function, favoring the direction of the motor rotation; indeed, in some cases motor rotation even shifts the location of the minimum of this curve in the direction of the motor rotation. Fourth, the preceding effect is sensitive not only to the direction of the motor rotation, but also to the motor speed. A change in the speed of motor rotation can correspondingly slow down or speed up the mental rotation. (shrink)

According to the theory theory of folk psychology, our engagement in the folk psychological practices of prediction, interpretation and explanation draws on a rich body of knowledge about psychological matters. According to the simulation theory, in apparent contrast, a fundamental role is played by our ability to identify with another person in imagination and to replicate or re-enact aspects of the other person’s mental life. But amongst theory theorists, and amongst simulation theorists, there are significant differences of approach.

Many philosophers use findings about sensory substitution devices in the grand debate about how we should individuate the senses. The big question is this: Is “vision” assisted by (tactile) sensory substitution really vision? Or is it tactile perception? Or some sui generis novel form of perception? My claim is that sensory substitution assisted “vision” is neither vision nor tactile perception, because it is not perception at all. It is mental imagery: visual mental imagery triggered by tactile sensory stimulation. (...) But it is a special form of mental imagery that is triggered by corresponding sensory stimulation in a different sense modality, which I call “multimodal mental imagery.”. (shrink)

The most serious ethical challenge facing multinational corporations in the next century is their exportation of the mental model of Western-style capitalism. This model promises that industrialized free enterprise in a free trade global economy, where businesses and entrepreneurs can pursue their interests competitively without undue regulations or labor restrictions, will produce growth and well-being, i.e., economic good, in every country or community where this phenomenon is allowed to operate. This paper points to some limitations to this model and (...) illustrates how multinational corporations might meet this challenge. (shrink)

Most instantiations of the inference ‘y; so if x, y’ seem intuitively odd, a phenomenon known as one of the paradoxes of the material conditional. A common explanation of the oddity, endorsed by Mental Model theory, is based on the intuition that the conclusion of the inference throws away semantic information. We build on this explanation to identify two joint conditions under which the inference becomes acceptable: (a) the truth of x has bearings on the relevance of asserting y; (...) and (b) the speaker can reasonably be expected not to be in a position to assume that x is false. We show that this dual pragmatic criterion makes accurate predictions, and contrast it with the criterion defined by the mental model theory of conditionals, which we show to be inadequate. (shrink)

Patients who are subject to compulsory care constitute a substantial proportion of the work-load of mental health professionals, particularly psychiatric nurses. This article examines the traditional ‘beneficence-autonomy’ approach to ethics in compulsory psychiatric care and evaluates it against the reality of daily practice. Risk to the public has always been an important but often unacknowledged consideration. Inequalities exist among ethnic and socio-economic groups and there is a lack of agreement on what constitutes mental disorder. Two major changes in (...) compulsory psychiatric care - community orders and care for patients with untreatable severe personality disorders - further challenge the traditional ethical approach. There are also important human rights implications. The simple patient-health professional relationship no longer provides an adequate framework for mental health professionals on which to base their ethical decisions. The public and organizations may have different perspectives and their interests are becoming increasingly important. Mental health professionals, particularly psychiatric nurses, may face ethical dilemmas because of these different perspectives. (shrink)

Mental spatial knowledge processing often uses spatio-analogical or quasipictorial representation structures such as spatial mental models or mental images. The cognitive architecture Casimir is designed to provide a framework for computationally modeling human spatial knowledge processing relying on these kinds of representation formats. In this article, we present an overview of Casimir and its components. We briefly describe the long-term memory component and the interaction with external diagrammatic representations. Particular emphasis is placed on Casimir’s working memory and (...) control mechanisms. Regarding working memory, we describe the conceptual foundations and the processing mechanisms employed in mental spatial reasoning. With respect to control, we explain how it is realized as a distributed, emergent facility within Casimir. (shrink)

It is one thing to have phenomenal states and another thing to think about phenomenal states. Thinking about phenomenal states gives us knowledge that we have them and knowledge of what they are like. But how do we think about phenomenal states? These days, the most popular answer is that we use phenomenal concepts. Phenomenal concepts are presumed to be concepts that represent phenomenal states in a special, intrinsically phenomenal, way. The special nature of phenomenal concepts is said to be (...) important for defending materialism against epistemic arguments for dualism. In this paper I present an account of phenomenal knowledge that does not depend on phenomenal concepts. In fact, I argue that we have no phenomenal concepts. Instead my account appeals to mental pointing, a process that I explain in terms of phenomenal demonstratives. Phenomenal demonstratives are sometimes referred to as concepts in the literature, but I suggest that this is a mistake. I also present a theory of phenomenal demonstratives that equates them with attentional control structures in working memory. In a concluding section I describe how this theory can be used to defuse the knowledge argument for dualism. That is only a subsidiary goal, and my response to the knowledge argument echoes others in the literature. I think the project of developing a substantive, empirically informed theory of phenomenal knowledge has interest independent of debates about mental ontology. That is my central focus. Thinking about phenomenal knowledge can shed light on the relationship between consciousness, attention and memory. This paper has a philosophical agenda and an empirical agenda. Those who reject my philosophical claims about the nonexistence of phenomenal concepts, the conditions.. (shrink)

This article challenges the neo-Darwinist physicalist position assumed by currently prevalent naturalizing accounts of consciousness. It suggests instead an evolutionary understanding of cognitive emergence and an acceptance of mental capacity as a phenomenon in its own right, differing qualitatively from, although not independent of, the physical and material world. I argue that if we accept that consciousness is an adaptation enabling survival through immediate individual intuition of the world, we may accept this metaphysics as a given. Methodological focus can (...) then shift to investigating the, as yet untheorized, nature of consciousness itself as capacity/interconnectivity/potential. The article accepts Joseph Margolis's recent advocacy of a pragmatist approach that is "natural but not naturalizable" , that is, an anti-reductionist as opposed to an eliminativist position, but it seeks to develop this position further and to give it new direction. (shrink)

According to traditional versions of the mental file theory, we should posit _mental files_—that is, mental representations with containment structure—to explain both rational relations between the attitudes, and the persistence of the attitudes across time. However, Goodman and Gray ( 2022 ) offer a revisionary interpretation of the file framework, according to which its explanatory commitments are better presented by positing _mental filing_, as a process, but not _mental files_, as mental representations with file structure. Goodman and (...) Gray focus on a certain class of synchronic explanations, but files have also been thought to play an essential diachronic role in the maintenance and update of object-directed thought. This paper has two aims. First, we clarify the aims and commitments of Goodman and Gray ( 2022 ). Second, we extend their mental filing view to show how it can account for continued belief, change of mind and persistence of the attitudes in general. (shrink)

A link between mental disorder and freedom is clearly present in the introduction of the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). It mentions “an important loss of freedom” as one of the possible defining features of mental disorder. Meanwhile, it remains unclear how “an important loss of freedom” should be understood. In order to get a clearer view on the relationship between mental disorder and (a loss of) freedom, in this (...) article, I will explore the link between mental disorder and free will. I examine two domains in which a connection between mental disorder and free will is present: the philosophy of free will and forensic psychiatry. As it turns out, philosophers of free will frequently refer to mental disorders as conditions that compromise free will and reduce moral responsibility. In addition, in forensic psychiatry, the rationale for the assessment of criminal responsibility is often explained by referring to the fact that mental disorders can compromise free will. Yet, in both domains, it remains unclear in what way free will is compromised by mental disorders. Based on the philosophical debate, I discuss three senses of free will and explore their relevance to mental disorders. I conclude that in order to further clarify the relationship between free will and mental disorder, the accounts of people who have actually experienced the impact of a mental disorder should be included in future research. (shrink)

We argue that dominant research approaches concerning mental illness, which are centered on traditional categories of psychiatric classification as codified in the DSM-IV, have serious empirical, conceptual, and foundational problems. These problems have led to a classification scheme and body of research findings that provide a very poor map of the domain of mental illness, a map that, in turn, undermines clinical and research pursuits. We discuss some current efforts to respond to these problems and argue that the (...) DSM-5 revision process is not very promising, whereas the NIMH Research Domain Criteria initiative and some recent research in cognitive neuroscience fares better, although the latter remains potentially compromised by residual influences of the DSM-based approach. We conclude with some lessons and suggestions for the pursuit of alternative research pathways. (shrink)

Background Coercion can cause harm to both the patient and the patient’s family. Few studies have examined how the coercive treatment of a close relative might affect young next-of-kin. Research questions We aimed to investigate the views and experiences of health professionals being responsible for supporting young next-of-kin to patients in mental health care (children-responsible staff) in relation to the needs of these young next-of-kin in coercive situations and to identify ethical challenges. Research design We conducted a qualitative study (...) based on semistructured, focus group interviews and an individual interview. Participants and research context We held three focus group interviews with six to seven children-responsible staff in each group (a total of 20 participants) and one individual interview with a family therapist. The participants were recruited from three hospital trusts in the eastern part of Norway. Ethical considerations The study was approved by the National Data Protection Official for Research and based on informed consent and confidentiality. Findings Coercion was not a theme among the participants in relation to their work with young next-of-kin, and there was much uncertainty related to whether these young people need special support to deal with the coercive treatment of their close relative. Despite the uncertainty, the study indicated a need for more information and emotional support among the youth. Discussion Few studies have addressed the potential impact of coercive treatment of a close family member on young next-of-kin. The findings were consistent with existing research but highlighted disagreement and uncertainty among the children-responsible staff about to what extent the young next-of-kin should visit and whether they should enter the ward unit or not. We identified ethical challenges for the children-responsible staff related to the principle of not inflicting harm ( nonmaleficence). Conclusion From the perspective of children-responsible staff, it appears that the coercive treatment of a close family member entails a need for extra support of young relatives both in relation to information and the facilitation of visits, but more systematic knowledge about these issues is needed. (shrink)

This paper is a defense of the so-called phenomenal-concept strategy, based on a new view of phenomenal concepts as special de re modes of presentation of the phenomenal character of experience. Phenomenal concepts can be explained in physical terms as mental particulars created in the individual's mind to pick out the phenomenal character of experience by representing certain physical properties as those represented by the experiences themselves . They are individuated by two fundamental relations: the perceptual relation the creature (...) bears to the physical properties represented by its own experience and the relation the creature bears to itself as the subject undergoing those experiences. Mary's newly acquired phenomenal le presents the phenomenal character of her new experience of red by means of the new relation she bears to herself as the creature standing in the experiential relation to the color red. (shrink)

I respond to the separate commentaries by Jacob Berger, Charlie Pelling, and David Pereplyotchik on my paper, “Color-Consciousness Conceptualism.” I resist Berger’s suggestion that mental colors ever enter consciousness without accompaniment by deployments of concepts of their extra-mental counterparts. I express concerns about Pelling’s proposal that a more uniform conceptualist treatment of phenomenal sorites can be gained by a simple appeal to the partial overlap of the extensions of some concepts. I question the relevance to perceptual consciousness of (...) the arguments for demonstrative concepts that Pereplyotchik attacks. (shrink)

Word recognition is the Petri dish of the cognitive sciences. The processes hypothesized to govern naming, identifying and evaluating words have shaped this field since its origin in the 1970s. Techniques to measure lexical processing are not just the back-bone of the typical experimental psychology laboratory, but are now routinely used by cognitive neuroscientists to study brain processing and increasingly by social and clinical psychologists (Eder, Hommel, and De Houwer 2007). Models developed to explain lexical processing have also aspired to (...) be statements about the nature of human cognition (e.g., connectionist models, Plaut, McClelland, Seidenberg, and Patterson 1996). Words were convenient objects to study for cognitive psychologists because they are welldefined and their nature as alphabetic strings was a good fit to analysis with the computer programming languages of the 1970s and 1980s which excelled at string manipulation. But are words actually the privileged unit of mental representation and processing that all of this scientific attention makes them out to be? Like a growing number of other language researchers, our answer is no (see, e.g., (Bybee and Hopper 2001; Wray 2002). We propose that the mental representations for lexical structures form a continuum, from word combinations which have fossilized into single units (nightclub) to those that both exist as independent units and yet have bonds, varying in tightness, with the words with which they frequently co-occur (Harris 1998). The first line of support for this view is the simple observation that fluent speakers easily recognize the familiarity and cohesive quality of word combinations in their language. Examples in English include common noun compounds (last year, brand new), verb phrases (cut down, get a hold of, faced with) and other multi-word expressions such as common sayings and references to cultural concepts (saved by the bell, speed of light; Jackendoff 1995).. (shrink)

The use of coercive measures in mental health care is an issue of ongoing concern (Cf. Fisher 1994; Janssen et al. 2008; Paterson and Duxbury 2007; Prinsen and Van Delden 2009; Widdershoven and Berghmans 2007; Wynn 2006). On the one hand, coercive interventions seem to infringe the patient’s right to self-determination (principle of autonomy). However, professionals are also committed to providing the care they deem necessary (principle of beneficence). In other words, professionals in mental health care are often (...) caught between the two (opposing) ideals of beneficence and autonomy. In medical practice, the right of self-determination is operationalized in the principle of informed consent. A medical physician is .. (shrink)

The notion of capacity implicit in the Mental Capacity Act is subject to a tension between two claims. On the one hand, capacity is assessed relative to a particular decision. It is the capacity to make one kind of judgement, specifically, rather than another. So one can have capacity in one area and not have it in another. On the other hand, capacity is supposed to be independent of the ‘wisdom’ or otherwise of the decision made. (‘A person is (...) not to be treated as unable to make a decision merely because he makes an unwise decision.’ Department of Constitutional Affairs 2005, section 1). One may have capacity even if the decision one arrives at is seen as unwise by one’s doctor. In this short note, I explore this .. (shrink)

In two of his more recent papers, Donald davidson has argued for the "a priori" truth of what he calls "the principle of the anomalism of the mental." my concern in this paper is with examining that principle and davidson's defense of it. After clarifying the principle, I discuss three considerations which davidson gives in its defense and argue that they are not persuasive. Then I argue that although the principle of the anomalism of the mental cannot be (...) known "a priori" to be true, There are some arguments and some neurophysiological evidence which make it reasonable to believe that the principle is, Indeed, True. (shrink)

Revisiting the history of postwar LSD (lysergic acid diethylamide) research illuminates how the work of a chemist at the Rockefeller Institute contributed to the development of a biochemical paradigm for mental functioning. Dilworth Wayne Woolley proposed one of the first theories of the biochemistry of mental illness based on empirical evidence. His research with LSD and serotonin had wide-ranging repercussions for pharmacology and fit neatly into the emerging medicalization of mental illness. Reevaluating Woolley’s ideas and the fruits (...) of psychopharmacology leads to possible new approaches toward mental health and illness when considered alongside lessons learned from past research with psychedelic substances, and exemplifies a broader paradigm shift in cultural studies toward a biopsychosocial model that acknowledges the intersections between biology and culture. (shrink)

Although cognitivism has lost some ground recently in the philosophical circles, it is still the favorite view of many scholars of emotions. Even though I agree with cognitivism's insight that emotions typically involve some type of evaluative intentional state, I shall argue that in some cases, less epistemically committed, non-propositional evaluative states such as mental pictures can do a better job in identifying the emotion and providing its intentional object. Mental pictures have different logical features from propositions: they (...) are representational, and some may or may not portray actual objects aptly. Yet, unlike propositional attitudes, mental pictures do not allow for objective criteria by which one can judge that a certain picture is an apt portrait of someone or something. (shrink)