BackgroundThe Mental Capacity Act was enacted in 2007 in England and Wales, but the assessment of mental capacity still remains an area of professional concern. Doctors’ compliance with legal and professional standards is inconsistent, but the reasons for poor compliance are not well understood. This preliminary study investigates doctors’ experiences of and attitudes toward mental capacity assessment.MethodsThis is a descriptive, cross-sectional study where a two-domain, study-specific structured questionnaire was developed, piloted and digitally disseminated to doctors at differing career stages employed (...) in a large, multi-site National Health Service Trust in London over 4 months in 2018. Descriptive statistics and frequency tables adjusted for missing data were generated and secondary analysis was conducted.ResultsParticipants were predominantly UK trained, female and between the ages of 30 and 44 years. Less than half of the participants reported receiving formal MCAx training. Only one-third of the participants self-rated themselves as very competent or extremely competent. Self-reported MCA confidence was significantly affected by career stage with Consultants with over 10 years of experience reporting lowest confidence.ConclusionsThis study describes significant variation in practice by doctors and low self-confidence in the practice of MCAx. These results raise concerns that MCAx continues to be inconsistently performed by doctors despite appropriate awareness of the law and professional guidance on best practice. (shrink)

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

This paper is the companion to the “Assessment of Coordination of Legal-Based Efforts across Jurisdictions and Sectors for Obesity Prevention and Control” paper, and the third of four papers outlining action options that policymakers can consider as discussed as part of the National Summit on Legal Preparedness for Obesity Prevention and Control. The goal of this paper is to identify potential action and policy strategies related to coordination across jurisdictions and sectors that can be adopted by policymakers and implemented by (...) practitioners to address the obesity epidemic. The paper examines collaboration among four sectors — community agencies and organizations, schools, health care institutions, and workplaces — and examines collaboration from both vertical and horizontal perspectives. Additionally, the paper is structured around three legal themes — which are posed as questions — to frame the policy action discussion. (shrink)

This paper is the companion to the “Assessment of Coordination of Legal-Based Efforts across Jurisdictions and Sectors for Obesity Prevention and Control” paper, and the third of four papers outlining action options that policymakers can consider as discussed as part of the National Summit on Legal Preparedness for Obesity Prevention and Control. The goal of this paper is to identify potential action and policy strategies related to coordination across jurisdictions and sectors that can be adopted by policymakers and implemented by (...) practitioners to address the obesity epidemic. The paper examines collaboration among four sectors — community agencies and organizations, schools, health care institutions, and workplaces — and examines collaboration from both vertical and horizontal perspectives. Additionally, the paper is structured around three legal themes — which are posed as questions — to frame the policy action discussion. (shrink)

This paper argues that the proponents of epistemological scientism must take some stand on scientific methodology. The supporters of scientism cannot simply defer to the social organisation of science because the social processes themselves must meet some methodological criteria. Among such criteria is epistemic evaluability, which demands intersubjective access to reasons. We derive twelve theses outlining some implications of epistemic evaluability. Evaluability can support weak and broad variants of epistemological scientism, which state that sciences, broadly construed, are the best sources (...) of knowledge or some other epistemic goods. Since humanities and social sciences produce epistemically evaluable results, narrow types of scientism that take only natural sciences as sources of knowledge require additional argumentation in their support. Strong scientism, which takes sciences as the only source of knowledge, also needs to appeal to some further principles since evaluability is not an all-or-nothing affair. (shrink)

Most research on cross-cultural emotion recognition has focused on facial expressions. To integrate the body of evidence on vocal expression, we present a meta-analysis of 37 cross-cultural studies...

Comparisons of rival explanations or theories often involve vague appeals to explanatory power. In this paper, we dissect this metaphor by distinguishing between different dimensions of the goodness of an explanation: non-sensitivity, cognitive salience, precision, factual accuracy and degree of integration. These dimensions are partially independent and often come into conflict. Our main contribution is to go beyond simple stipulation or description by explicating why these factors are taken to be explanatory virtues. We accomplish this by using the contrastive-counterfactual approach (...) to explanation and the view of understanding as an inferential ability. By combining these perspectives, we show how the explanatory power of an explanation in a given dimension can be assessed by showing the range of answers it provides to what-if-things-had-been-different questions and the theoretical and pragmatic importance of these questions. Our account also explains intuitions linking explanation to unification or to exhibition of a mechanism. (shrink)

This study explored a dimensional approach to vocal expression of emotion. Actors vocally portrayed emotions (anger, disgust, fear, happiness, sadness) with weak and strong emotion intensity. Listeners (30 university students and 6 speech experts) rated each portrayal on four emotion dimensions (activation, valence, potency, emotion intensity). The portrayals were also acoustically analysed with respect to 20 vocal cues (e.g., speech rate, voice intensity, fundamental frequency, spectral energy distribution). The results showed that: (a) there were distinct patterns of ratings of activation, (...) valence, and potency for the different emotions; (b) all four emotion dimensions were correlated with several vocal cues; (c) listeners' ratings could be successfully predicted from the vocal cues for all dimensions except valence; and (d) the intensity dimension was positively correlated with the activation dimension in the listeners' ratings. (shrink)

This paper discusses the epistemic import of highly abstract and simplified theoretical models using Thomas Schelling’s checkerboard model as an example. We argue that the epistemic contribution of theoretical models can be better understood in the context of a cluster of models relevant to the explanatory task at hand. The central claim of the paper is that theoretical models make better sense in the context of a menu of possible explanations. In order to justify this claim, we introduce a distinction (...) between causal scenarios and causal mechanism schemes. These conceptual tools help us to articulate the basis for modelers’ intuitive confidence that their models make an important epistemic contribution. By focusing on the role of the menu of possible explanations in the evaluation of explanatory hypotheses, it is possible to understand how a causal mechanism scheme can improve our explanatory understanding even in cases where it does not describe the actual cause of a particular phenomenon. (shrink)

Journal Name: SATS Issue: Ahead of print.

In this chapter we examine Moti Mizrahi’s claim that philosophers’ opposition of scientism is founded on their worry that scientism poses “a threat to the soul or essence of philosophy as an a priori discipline”. We find Mizrahi’s methodology for testing this thesis wanting. We offer an alternative hypothesis for the increased resistance of scientism: the antipathy started as a reaction to the New Atheist movement. We also consider two varieties of weak scientism, narrow and broad, and argue that narrow (...) versions of scientism draw unnatural and unfounded distinctions within science. Mizrahi belongs somewhere between these two types, but he commits the same mistakes as proponents of the narrow variety. We demonstrate that Mizrahi’s defence of weak scientism is problematic, once again, due to methodological reasons. As an alternative, we propose that weak scientism should be based on epistemic opportunism. Epistemic opportunism explains the success of science with scientists’ willingness to adopt any methods that demonstrably work. We also show how opportunistic scientism can avoid charges of triviality. (shrink)

This paper develops a typology of moral problems in business. The cross-classification of two fundamental dimensions of ethical conduct: judgment and motivation, is employed to distinguish four types of moral problems: genuine dilemmas, compliance problems, moral laxity, and no-problem problems. Actual cases are brought to illustrate each type of problem, and corresponding coping strategies are presented. The paper highlights the need to design a dynamic strategy that will take into account the relationships among different types of ethical problems. In its (...) capacities as both an analytical tool for identifying and clarifying an ethical problem and a strategic tool for handling it, the typology has direct implications for developing ethical awareness, assigning accountability, and unfolding typical rationalizations in business activity. (shrink)

In this chapter I will employ a well-known scientific research heuristic that studies how something works by focusing on circumstances in which it does not work. Rather than trying to describe what scientific understanding would ideally look like, I will try to learn something about it by observing mundane cases where understanding is partly illusory. My main thesis is that scientists are prone to the illusion of depth of understanding (IDU), and as a consequence they sometimes overestimate the detail, coherence, (...) and depth of their understanding. I will analyze the notion of understanding and its relation to a sense of understanding. In order to make plausible the claim that these are often disconnected, I will describe an interesting series of psychological experiments by Frank Keil and his coauthors that suggests that ordinary people routinely overestimate the depth of their understanding. en I will argue that we should take seriously the possibility that scientific cognition is also aðected by IDU and spell out some possible causes of explanatory illusions in science. I will conclude this chapter by discussing how scientific explanatory practices could be improved and how the philosophy of science might be able to contribute to this process. (shrink)

This work consists of two parts. Part I will be a contribution to a philo- sophical discussion of the nature of causal explanation. It will present my contrastive counterfactual theory of causal explanation and show how it can be used to deal with a number of problems facing theories of causal explanation. Part II is a contribution to a discussion of the na- ture of interest explanation in social studies of science. The aim is to help to resolve some controversies (...) concerning interest explanation by explicating the concept of interest and its explanatory uses by using the account of explanation developed in Part I. (shrink)

It is well known that John Stuart Mill repeatedly acknowledges Harriet Taylor Mill's substantial contribution to On Liberty. After her death, however, he decides to publish the book under his name only. Are we justified in continuing this practice, initiated by JSM, of refusing unequivocal co-authorship status to HTM? Drawing on stylometric analyses, we make a preliminary case that JSM did not write On Liberty all by himself and that HTM had a hand in formulating it. Drawing on plausible standards (...) for authorship ascription, we further point out that authorship status requires, in addition to a substantial contribution, the approval by all contributors. We discuss potential reasons to assume that HTM did not approve the published version of On Liberty and would have objected to including her name on the title page. (This paper is available on an open-access basis at UTILITAS). (shrink)

This article discusses agent-based simulation (ABS) as a tool of sociological understanding. I argue that agent-based simulations can play an important role in the expansion of explanatory understanding in the social sciences. The argument is based on an inferential account of understanding (Ylikoski 2009, Ylikoski & Kuorikoski 2010), according to which computer simulations increase our explanatory understanding by expanding our ability to make what-if inferences about social processes and by making these inferences more reliable. The inferential account also suggests a (...) number of ways in which the use of simulation methodology might give rise to illusory understanding. The structure of the article is as .. (shrink)

is chapter takes a fresh look at micro-macro relations in the social sciences from the point of view of the mechanistic account of explanation. Traditionally, micro- macro issues have been assimilated to the problem of methodological individualism. It is not my intention to resurrect this notoriously unfruitful controversy. On the contrary, the main thrust of this chapter is to show that the cul-de-sac of that debate can be avoided if we give up some of its presuppositions. The debate about methodological (...) individualism is based on assumptions about explanation, and once we change those assumptions, the whole argumenta- tive landscape changes. (shrink)

Political Correctness ist nicht nur Reizthema und Schlagwort medialer Debatten, sondern auch in Alltagskommunikation oft Ausloser hitziger Debatten um sprachliche Diskriminierung. Doch wie positionieren sich eigentlich Sprachprofis zu diesem Thema, was rat das Worterbuch? Der Einfluss von Diskursen auf Worterbucher ist zwar in der Forschung unstrittig; eine umfassende Untersuchung zur Wirkung eines bestimmten zeitgenossischen Phanomens auf einen abgeschlossenen Wortschatzbereich existierte jedoch bislang nicht. Dieser Lucke widmet sich die Autorin, die den uber eine Korpusanalyse gewonnenen Wortschatz der Political Correctness aus den (...) ersten zehn Jahren (1990-2000) des Diskurses in den ersten sechs Auflagen (1983-2006) des Duden - Universalworterbuchs untersucht. Erstmals wird hier die Diskurslexik der Political Correctness der 1990er Jahre greifbar gemacht. Daruber hinaus werden vorhandene lexikographische Strategien beschrieben sowie deren Defizite im Umgang mit problematischer Lexik aufgedeckt. Die Arbeit zeigt, dass das Ringen um einen angemessenen Sprachgebrauch, die Vermeidung von Pejorisierung feste Bestandteile des Sprachhandelns darstellen, dem sich Worterbucher mit deskriptivem oder normativem Anspruch zu stellen haben. (shrink)

The American Journal of Bioethics, Volume 11, Issue 10, Page 15-16, October 2011.

Business myth is generally treated in business ethics literature as a mental obstacle that must be removed in order to prepare the ground for rational thinking on the ethical aspect of business conduct. This approach, which focuses on the content of myth, does not explicate the nature and function of myth. Based on the study of myth in the fields of humanities and social sciences, this paper develops a theoretical framework and analytical tool-the revolving-door model-for researching myth in business. The (...) proposed framework (I) offers new perspectives on myth: the consumer's, the producer's, the mythologist's, and the ethicist's; (2) explicates various distortion mechanisms ofthe myth; and (3) enables a redefinition of the relation of business myth to business ethics. The applicability of this framework is demonstrated by means of a real case which sets the stage for examining a set of common myths. (shrink)

Generalization from a case study is a perennial issue in the methodology of the social sciences. The case study is one of the most important research designs in many social scientific fields, but no shared understanding exists of the epistemic import of case studies. This article suggests that the idea of mechanism-based theorizing provides a fruitful basis for understanding how case studies contribute to a general understanding of social phenomena. This approach is illustrated with a re- construction of Espeland and (...) Sauder's case study of the effects of rankings on US legal education. On the basis of the reconstruction, it is argued that, at least with respect to sociology, the idea of mechanism-based theorizing captures many of the generalizable elements of case studies. (shrink)

A well known paragraph in Mill's 'Utilitarianism' has standardly been misread. Mill does not claim that if some pleasure is of 'higher quality', then it will be (or ought to be) chosen over the pleasure of lower quality regardless of their respective quantities. Instead he says that if some pleasure will be chosen over another available in larger quantity, then we are justified in saying that the pleasure so chosen is of higher quality than the other. This assertion is unproblematic.

This paper examines the relation between Cartwright's concept of 'capacities' and Mill's concept of 'tendencies' and argues that they are not equivalent. Cartwright's concept of 'capacities' and her motivation to adopt it as a central notion in her philosophy of science are described. It is argued that the Millian concept of 'tendencies' is distinct because Mill restricts its use to a set of special cases. These are the cases in which causes combine 'mechanically'. Hence for Mill 'tendencies' do not merely (...) describe the operation of causes, but also and perhaps even primarily how they combine. This does not hold of Cartwrightian capacities which are meant to have unlimited applicability. Mill also explicitly denies the realism of 'capacities' in a sense which overlaps with Cartwright's. Her attempt to derive empirist credentials for her notion of capacity from Mill is therefore unsuccessful. (shrink)

The general topic of my philosophical dissertation is phenomenological ontology of breathing. I do not investigate the phenomenon of breathing as a natural scientific problem, but as a philosophical question. Within our tradition, breathing has been normally understood as a mechanistic-materialistic physiological life-sustaining process of gas exchange and cellular respiration which does not really seem to have any essential connection to human being’s spiritual, mental or philosophical capacities. On the contrary to this natural scientific view, I argue that breathing can (...) be understood as a philosophical question that has phenomenological, experiential, ontological, spiritual, bodily, mental, poetic, elemental, ethical, voluntary and mystical dimensions. My investigation conceptualizes breathing in the first place as a question of phenomenological ontology. Maurice Merleau-Ponty’s phenomenologico-ontological method of interrogation of the lived body’s experiential openness to the world and Being provides the most fundamental point of departure in this dissertation. Merleau-Ponty emphasized in his investigations the lived body’s perceptual openness to the world and Being. He argued famously for the primacy of perception. His thesis of the primacy of perception means that perception as the perceptual openness to the world and Being is the foundation which is always presupposed by all the other levels of our existence and being-in-the-world. In this dissertation, I challenge this idea of the primacy of perception with Merleau-Ponty’s own remarks about breathing. I argue that in his own remarks about breathing, he implicitly points toward a level which is even more fundamental than the primacy of perception. In this dissertation, this level of our being-in-the-world I call the primacy of breathing. Breathing as the lived body’s respiratory openness to the world and Being is now understood as the foundation which is always presupposed by all the other dimensions of our being-in-the-world. These dimensions are, for example, our theoretical, practical, social and perceptual ways of relating with the world. If the idea of the primacy of breathing is taken seriously, it means that all the questions of philosophy could be rethought, reexamined and re-experienced within the fundamental atmosphere of respiratory openness to the world and Being. In this dissertation, I initially try to rethink philosophy as a new philosophy of breathing. This new philosophy of breathing would be phenomenological ontology of breathing. The bases of this new phenomenological ontology of breathing are Merleau-Ponty’s remarks about breathing. My task is to explicate and interpret them with the help of Merleau- Ponty’s own phenomenological ontology. In my task of beginning philosophy anew as philosophy of breathing or as respiratory philosophy, I will also use the ideas of Martin Heidegger, Gaston Bachelard, Paul Claudel, Luce Irigaray, Edmund Husserl and David Kleinberg-Levin. My dissertation is divided into two main sections. In Section One, I construct within the framework of phenomenological ontology a new notion of breathing as the primacy of breathing. In Section Two, I develop a phenomenological method that I call the method of ontologico-respiratory reduction. This method will lead us back to the primacy of breathing. (shrink)

This book studies the phenomenological ontology of breathing. It investigates breathing and air as a question of phenomenological philosophy and looks at phenomenological questions concerning respiratory methodology, ontological experience of respiration, respiratory spirituality and respiratory embodiment. Drawing on the ideas of Maurice Merleau-Ponty, Gaston Bachelard, Martin Heidegger, Edmund Husserl, Luce Irigaray and David Kleinberg-Levin, the book argues for the ontological primacy of breathing and develops a new principle of philosophy that the author calls "Silence of Breath, Abyss/Yawn of Air". It (...) asserts that breathing is not a thing- or person-oriented relation, but perpetual communication with the immense elemental atmosphere of open and free air. This new phenomenological method of breathing offers readers a chance to begin to wonder, rethink, re-experience and reimagine all questions of life in an innovative and creative way as aerial and respiratory questions of life. Part of the Routledge Critical Perspectives on Breath and Breathing series, the book breaks new ground in phenomenology and phenomenological ontology by offering a decisive and insightful treatment of breath. It will be indispensable for students and researchers of philosophy, phenomenology, and ontology. It will also be of special interest to Merleau-Ponty scholars as it investigates uncharted dimensions of Merleau-Ponty's philosophy. (shrink)