One of the major adaptations during the evolution of Homo sapiens was an increase in brain size. Here we present evidence that a significant and substantial proportion of variation in brain size may be related to changes in temperature. Based on a sample of 109 fossilized hominid skulls, we found that cranial capacities were highly correlated with paleoclimatic changes in temperature, as indexed by oxygen isotope data and sea-surface temperature. Indeed, as much as 52% of the variance in the (...) cranial capacity of these skulls could be accounted for by temperature variation at 100 ka intervals. As an index of more short-term seasonal fluctuations in temperature, we examined the latitude of the sites from which the crania originated. More than 22% of the variance in cranial capacity of these skulls could be accounted for by variation in equatorial distance. (shrink)

Hypotheses regarding the selective pressures driving the threefold increase in the size of the hominid brain since Homo habilis include climatic conditions, ecological demands, and social competition. We provide a multivariate analysis that enables the simultaneous assessment of variables representing each of these potential selective forces. Data were collated for latitude, prevalence of harmful parasites, mean annual temperature, and variation in annual temperature for the location of 175 hominid crania dating from 1.9 million to 10 thousand years ago. We also (...) included a proxy for population density and two indexes of paleoclimatic variability for the time at which each cranium was discovered. Results revealed independent contributions of population density, variation in paleoclimate, and temperature variation to the prediction of change in hominid cranial capacity (CC). Although the effects of paleoclimatic variability and temperature variation provide support for climatic hypotheses, the proxy for population density predicted more unique variance in CC than all other variables. The pattern suggests multiple pressures drove hominid brain evolution and that the core selective force was social competition. (shrink)

Cognition is readily seen to be connected to evolution through plots of the ratio of cranial capacity to body size of hominids which show two regions of sharply increasing ratios beginning at 2.5 and 0.5 million years ago – precisely the critical times inferred by the author from his study of tools. A similar correlation exists between current human brain growth spurts and the onsets of the Piagetian stages of reasoning development. The first goal of the author's target (...) article is stated to be “to make a case for the relevance of archeological contributions to studies of the evolution of cognition” (sect. 1, Introduction). His analysis focuses on spatial cognition. (shrink)

In 1876, Brazilian physical anthropologists De Lacerda and Peixoto published findings of detailed anatomical and osteometric investigation of the new human skull collection of Rio de Janeiro’s Museu Nacional. They argued not only that the Indigenous ‘Botocudo’ in Brazil might be autochthonous to the New World, but also that they shared analogic proximity to other geographically very distant human groups – the New Caledonians and Australians – equally attributed limited cranial capacity and resultant inferior intellect. Described by Blumenbach (...) and Morton, ‘Botocudo’ skulls were highly valued scientific specimens in 19th-century physical anthropology. A recent genomic study has again related ‘the Botocudo’ to Indigenous populations from the other side of the world by identifying ‘Polynesian ancestry’ in two of 14 Botocudo skulls held at the Museu Nacional. This article places the production of scientific knowledge in multidisciplinary, multiregional historical perspectives. We contextualize modern narratives in the biological sciences relating ‘Botocudo’ skulls and other cranial material from lowland South America to Polynesia, Melanesia, and Australia. With disturbing irony, such studies often unthinkingly reinscribe essentialized historic racial categories such as ‘the Botocudos’, ‘the Polynesians’, and ‘the Australo-Melanesians’. We conclude that the fertile alliance of intersecting sciences that is revolutionizing understandings of deep human pasts must be informed by sensitivity to the deep histories of terms, classification schemes, and the disciplines themselves. (shrink)

Hominid-like morphology in habiline cranial endocasts does not necessarily imply the presence of language capacity. The cortical zone in question is not associated exclusively with language in humans, and its emergence in habilines might indicate the evolution of other cognitive functions special to humans that were preconditions for the later evolution of language.

Growth of different body parts in humans is sensitive to different resource constraints that are mediated by parental investment. Parental investment can involve the expenditure of material, cognitive, and emotional resources on offspring. Cranial volume, an important predictor of cognitive ability, appears understudied in this context. We asked whether there are associations between growth and family structure, self-reported estimates for resource availability, and sibling number; and whether these constraints relate to head and body growth in a similar manner. We (...) assessed the associations between parental investment, height, and cranial volume in a cross-sectional study of Estonian children. Height correlated negatively with the number of siblings but this association became negligible in a model controlling for birthweight, parental heights, and mother’s age at birth. Unlike height, cranial volume was unrelated to sibling number, but it was negatively associated with self-reported meat and general resource shortage. Cranial volume was related to family structure and paternal education. Children living with both birth-parents had larger heads than those living in families containing a step-parent. Since these family types did not differ with respect to meat or general resource shortage, our findings suggest that families including both genetic parents provide non-material benefits that stimulate predominantly cranial growth. For the studied developmental period, cranial volume appeared a more sensitive marker of growth constraints than height. The potential of using cranial volume for quantifying physical impact of non-material parental investment deserves further attention. (shrink)

Cranial measurements and somatotype indices were compared in two groups of patients, one with recurrent depressive illness and the other suffering from a first solitary attack of depression. Certain statistically significant differences in stature, somatotype and cranial measurements emerged; the group with recurrent episodes of depression tended to be shorter and more brachycephalic than those with solitary episodes of depression.

This essay examines phrenological tools as instruments of matchmaking and focuses on the personal ad as a site for producing and exchanging knowledge about individuals. It shows how cranial measurement produced character profiles for the purpose of judging suitable marriage partners and how users integrated those profiles into personal advertisements published in the Water-Cure Journal. A popular but contested science of the mind, phrenology maintained that one could truly know others and oneself through measuring “organs” of the mind via (...) protrusions on the skull. While much has been written about phrenology, less attention has been paid to its focus on marriage and mating and to how users enrolled phrenology to find and judge the viability of a mate. Focused on the American context in the 1850s, this essay will show that notions of race and gender, heredity, and marital “relations” were embedded in the shorthand of phrenological measurements and personal ads. (shrink)

We ordinarily suppose that there is a difference between having and failing to exercise a rational capacity on the one hand, and lacking a rational capacity altogether on the other. This is crucial for our allocations of responsibility. Someone who has but fails to exercise a capacity is responsible for their failure to exercise their capacity, whereas someone who lacks a capacity altogether is not. However, as Gary Watson pointed out in his seminal essay ’Skepticism (...) about Weakness of Will’, the idea of an unexercised capacity is much more difficult to make sense of than it initially appears. The aim of ’Rational Capacities’ is to provide the needed explication of this idea. (shrink)

Our understanding of paleoneurology can benefit through considerations of how ontogenetic patterns of skull suture ossification can limit the phylogenetic expansion of underlying brain tissue to specific regions. Additionally, the influence of biochemical, rather than biomechanical, mechanisms on skull suture morphogenesis enable a reconceptualization of the skull as an independent evolutionary system from the brain.

When we dream, it is often assumed, we are isolated from the external environment. It is also commonly believed that dreams can be, at times, accurate, convincing replicas of waking experience. Here I analyse some of the implications of this view for an enactive theory of conscious experience. If dreams are, as described by the received view, “inactive”, or “cranially envatted” whilst replicating the experience of being awake, this would be problematic for certain extended conscious mind theories. Focusing specifically on (...) Alva Noë’s enactive view, according to which the vehicles of perceptual experience extend beyond the brain, I argue that dreams are a quandary. Noë’s view is that dreaming is consistent with enactivism because even if dreams are inactive and shut off from the external environment, they are not “full-blown” perceptual consciousness, and also, there is some reason to reject the inactive claim. However, this view rests on an unjustified and reductive account of dreams which is not supported... (shrink)

Cranial electrotherapy stimulation is a neuromodulation tool used for treating several clinical disorders, including insomnia, anxiety, and depression. More recently, a limited number of studies have examined CES for altering affect, physiology, and behavior in healthy, non-clinical samples. The physiological, neurochemical, and metabolic mechanisms underlying CES effects are currently unknown. Computational modeling suggests that electrical current administered with CES at the earlobes can reach cortical and subcortical regions at very low intensities associated with subthreshold neuromodulatory effects, and studies using (...) electroencephalography and functional magnetic resonance imaging show some effects on alpha band EEG activity, and modulation of the default mode network during CES administration. One theory suggests that CES modulates brain stem, limbic, and cortical regions and increases relative parasympathetic to sympathetic drive in the autonomic nervous system. There is no direct evidence supporting this theory, but one of its assumptions is that CES may induce its effects by stimulating afferent projections of the vagus nerve, which provides parasympathetic signals to the cardiorespiratory and digestive systems. In our critical review of studies using CES in clinical and non-clinical populations, we found severe methodological concerns, including potential conflicts of interest, risk of methodological and analytic biases, issues with sham credibility, lack of blinding, and a severe heterogeneity of CES parameters selected and employed across scientists, laboratories, institutions, and studies. These limitations make it difficult to derive consistent or compelling insights from the extant literature, tempering enthusiasm for CES and its potential to alter nervous system activity or behavior in meaningful or reliable ways. The lack of compelling evidence also motivates well-designed and relatively high-powered experiments to assess how CES might modulate the physiological, affective, and cognitive responses to stress. Establishing reliable empirical links between CES administration and human performance is critical for supporting its prospective use during occupational training, operations, or recovery, ensuring reliability and robustness of effects, characterizing if, when, and in whom such effects might arise, and ensuring that any benefits of CES outweigh the risks of adverse events. (shrink)

Background Researchers are required to determine whether a person has capacity to consent to a research study before they are able to participate. The Mental Capacity Act and accompanying Code of Practice for England and Wales provide some guidance on this process, but researchers have identified that it can be difficult to determine capacity to consent when a person has complex cognitive or communication needs. This study aimed to understand the experiences and opinions of researchers who recruit (...) people with dementia to research projects, to inform the future development of training resources. Methods A mixed method, cross-sectional, electronic survey was circulated via social media and research networks in England and Wales. The survey remained open for ten weeks and included open and closed questions exploring respondents’ confidence in determining capacity in the context of recruiting people with dementia to consent, their views on training and support they have experienced and their suggestions for future training and support needs. Results 60 respondents completed the survey from across England and Wales. Although 75% of respondents had experience of determining capacity to consent with people with dementia to research, only 13% rated themselves as feeling ‘very confident’ in this. Qualitative content analysis of open responses led to the generation of six themes, explaining researchers’ confidence, competence and future training needs in this area: (1) Researcher uncertainties, (2) Lack of time, (3) Balancing information complexity with accessibility, (4) Gatekeepers, (5) Existing enablers and (6) Envisioning future training. Conclusions Researchers would benefit from specific training in undertaking conversations around consent with people with dementia. People with dementia may have fluctuating capacity, and despite support from caregivers, researchers have little practical guidance on methods of determining a person’s ability to understand or appreciate the information they have provided during the consent process. Given the development of large complex trials within dementia research, there is an urgency to develop specific and practical guidance and training for researchers working with people with dementia and their families. (shrink)

Working memory limits are best defined in terms of the complexity of the relations that can be processed in parallel. Complexity is defined as the number of related dimensions or sources of variation. A unary relation has one argument and one source of variation; its argument can be instantiated in only one way at a time. A binary relation has two arguments, two sources of variation, and two instantiations, and so on. Dimensionality is related to the number of chunks, because (...) both attributes on dimensions and chunks are independent units of information of arbitrary size. Studies of working memory limits suggest that there is a soft limit corresponding to the parallel processing of one quaternary relation. More complex concepts are processed by or In segmentation, tasks are broken into components that do not exceed processing capacity and can be processed serially. In conceptual chunking, representations are to reduce their dimensionality and hence their processing load, but at the cost of making some relational information inaccessible. Neural net models of relational representations show that relations with more arguments have a higher computational cost that coincides with experimental findings on higher processing loads in humans. Relational complexity is related to processing load in reasoning and sentence comprehension and can distinguish between the capacities of higher species. The complexity of relations processed by children increases with age. Implications for neural net models and theories of cognition and cognitive development are discussed. (shrink)

To systematically compare welfare across species, it is first necessary to explore whether welfare subjects of different species have the same or rather a different capacity for welfare. According to what seems to be the dominant philosophical view, welfare subjects with higher cognitive capacities have a greater capacity for welfare and are generally much better off than those with lower cognitive capacities. Višak carefully explores and rejects this view and argues instead that welfare subjects of different species have (...) the same capacity for welfare despite different cognitive capacities. This book prepares the philosophical ground for comparisons of welfare across species. It will inform and inspire ethicists and animal welfare scientists alike, as well as a broader readership interested in wellbeing, animals, and ethics. (shrink)

The aim of this paper is to elucidate Franz Brentano's concept of immanent object through his own words and from his own perspective. The prevalent account of Brentano's revival of intentionality, his initial failure to distinguish between object and content, and his wrong‐headed immanentism, is largely derived from his students. Brentano's objection to it, although well known, is seldom heeded. In fact, plenty of guidelines have been provided by Brentano himself in his writings on how his concept of immanent object (...) is to be understood. I begin with his distinction between two senses of “object,” which, I argue, must be clearly set apart from distinction between two modes of object. I then examine three different interpretations of the term “in‐existence”: the locative, the inherentist, and the objective interpretation. In the end, after dismissing the first two interpretations, I argue that Brentano is best understood as maintaining an objective and deflationary account of mental in‐existence. (shrink)

The dominant interpretation ofMetaphysicsΘ.8 commits Aristotle to the claim that the heavenly bodies’ eternal movements are not the exercises of capacities. Against this, I argue that these movements are the result of necessarily exercised capacities. I clarify what it is for a heavenly body to possess a nature and argue that a body’s nature cannot be a final cause unless the natural body possesses capacities that are exercised for the sake of its naturequaform. This discussion yields a better understanding of (...) what capacities are, what explanatory work capacities do, and what it is to possess a nature. (shrink)

Despite their importance in the history of philosophy and in particular in the work of Aristotle and Kant, mental capacities have been neglected in recent philosophical work. By contrast, the notion of a capacity is deeply entrenched in psychology and the brain sciences. Driven by the idea that a cognitive system has the capacity it does in virtue of its internal components and their organization, it is standard to appeal to capacities in cognitive psychology. The main benefit of (...) invoking capacities in an account of the mind is that it allows for an elegant counterfactual analysis of mental states: it allows us to analyze mental states on three distinct yet interrelated levels. A first level of analysis pertains to the function of mental capacities. A second level of analysis pertains to the mental capacities employed, irrespective of the context in which they are employed. A third level of analysis pertains to the mental capacities employed, taking into account the context in which they are employed. This paper develops an account of perceptual capacities. This account involves an analysis of their function, their individuation and possession conditions, the relation between perceptual capacities and their employment, as well as their informational and neural base conditions. (shrink)

Ever since David Hume, empiricists have barred powers and capacities from nature. In this book Cartwright argues that capacities are essential in our scientific world, and, contrary to empiricist orthodoxy, that they can meet sufficiently strict demands for testability. Econometrics is one discipline where probabilities are used to measure causal capacities, and the technology of modern physics provides several examples of testing capacities (such as lasers). Cartwright concludes by applying the lessons of the book about capacities and probabilities to the (...) explanation of the role of causality in quantum mechanics. (shrink)

Gilbert Ryle's distinction between knowledge-how and knowledge-that faces a significant challenge: accounting for the unity of knowledge. Jason Stanley, an ‘intellectualist’ opponent of Ryle's, brings out this problem by arguing that Ryleans must treat ‘know’ as an ambiguous word and must distinguish knowledge proper from knowledge-how, which is ‘knowledge’ only so-called. I develop the challenge and show that underlying Ryle's distinction is a unified vision of knowledge as ‘a capacity to get things right’, covering both knowledge-how and knowledge-that. I (...) show how Ryle specifies the general notion into knowledge-how and knowledge-that and discuss the mutual interdependence exhibited by the two forms of knowledge. Ryle's positive view of knowledge, properly understood, emerges as an important, neglected, alternative which should be brought back into the ongoing conversation about practical and theoretical knowledge. (shrink)

Gilbert Ryle's distinction between knowledge-how and knowledge-that faces a significant challenge: accounting for the unity of knowledge. Jason Stanley, an ‘intellectualist’ opponent of Ryle's, brings out this problem by arguing that Ryleans must treat ‘know’ as an ambiguous word and must distinguish knowledge proper from knowledge-how, which is ‘knowledge’ only so-called. I develop the challenge and show that underlying Ryle's distinction is a unified vision of knowledge as ‘a capacity to get things right’, covering both knowledge-how and knowledge-that. I (...) show how Ryle specifies the general notion into knowledge-how and knowledge-that and discuss the mutual interdependence exhibited by the two forms of knowledge. Ryle's positive view of knowledge, properly understood, emerges as an important, neglected, alternative which should be brought back into the ongoing conversation about practical and theoretical knowledge. (shrink)

Cranial electrical stimulation has been applied at various current levels in both adults and children with neurological conditions with seemingly promising but somewhat inconsistent results. Stimulation-induced spatial electric fields within a specific brain region are likely a significant contributing factor for the biological effects. Although several simulation models have been used to predict EF distributions in the brain, these models actually have not been validated by in vivo CES-induced EF measurements in the live human brain. This study directly measured (...) the CES-induced voltage changes with implanted stereotactic-electroencephalographic electrodes in twenty-one epilepsy participants and then compared these measured values with the simulated ones obtained from the personalized models. In addition, we further investigated the influence of stimulation frequency, intensity, electrode montage and age on EFs in parts of participants. We found both measured voltages and EFs obtained in vivo are highly correlated with the predicted ones in our cohort. In white matter and gray matter, the measured voltages linearly increased when the stimulation intensity increased from 5 to 500 μA but showed no significant changes with changing stimulation frequency from 0.5 to 200 Hz. Electrode montage, but not age, significantly affects the distribution of the EFs. Our in vivo measurements demonstrate that the individualized simulation model can reliably predict the CES-induced EFs in both adults and children. It also confirms that the CES-induced EFs highly depend on the electrode montages and individual anatomical features. (shrink)

Capacity evaluation has become a widely used assessment device in clinical practice to determine whether patients have the cognitive ability to render their own medical decisions. Such evaluations, which might be better thought of as “capacity challenges,” are generally thought of as benign tools used to facilitate care. This paper proposes that such challenges should be reconceptualized as significant medical interventions with their own set of risks, side effects, and potentially deleterious consequences. As a result, a cost–benefit analysis (...) should be implemented prior to imposing such capacity challenges, and efforts should be made to minimize such challenges in situations where they are unlikely to alter the course of treatment. (shrink)

Many philosophers of science think that most laws of nature (even those of fundamental physics) are so called ceteris paribus laws, i.e., roughly speaking, laws with exceptions. Yet, the ceteris paribus clause of these laws is problematic. Amongst the more infamous difficulties is the danger that 'For all x: Fx ⊃ Gx, ceteris paribus' may state no more than a tautology: 'For all x: Fx ⊃ Gx, unless not'. One of the major attempts to avoid this problem (and others concerning (...) ceteris paribus laws) is to claim that the subject matter of laws are ascriptions of dispositions, powers, capacities etc., and not the regular behaviour we find in nature. That we do not know whether the cetera are paria in a specific situation does not matter to the dispositionalist because the objects have the disposition regardless of the circumstances. The defence of the latter claim is that dispositions can be instantiated without being manifested. Hence, the laws that ascribe dispositions are strict and it looks as if they do not face the above mentioned problems of ceteris paribus laws. In this essay I attempt to show that these assumptions are wrong. I hope to illustrate that not only does the ceteris paribus clause reoccur inside the dispositions, moreover, there are laws—laws about non-fundamental entities with instable dispositions—which bear a ceteris paribus clause that cannot be hidden in a disposition. (shrink)

The notion of a capacity in the sense of a power to bring about or undergo change plays a key role in Aristotle’s theories about the natural world. However, in Metaphysics Θ Aristotle also extends ‘ capacity ’, and the corresponding concept of ‘activity’, to cases where we want to say that something is in capacity, or in activity, such and such but not, or not directly, in virtue of being capable of initiating or undergoing change. This (...) paper seeks to clarify and confirm a certain view of how Aristotle wishes us to see the relationship between the two uses of ‘ capacity ’ and ‘activity’. To that end, I consider also Aristotle’s employment of the terms in the De Anima, which sheds light on the key examples which direct the discussion in Metaph. Θ. (shrink)

In "Rational Capacities" Michael Smith outlines the sense of capacity he believes to be required before blame is appropriate. I question whether this sense of capacity is required. In so doing, I consider different ways in which blame might be conditioned.

The situationist experiments demonstrate that most people's behaviour is influenced by environmental factors much more than we expect, and that ordinary people can be led to behave very immorally. A number of philosophers have investigated whether these experiments demonstrate that subjects' responsibility-relevant capacities are impeded. This paper considers how, in practice, we can assess when agents have a reduced capacity to avoid wrongdoing. It critiques some previously offered strategies including appeals to the reasonable person standard, appeals to counterfactuals and (...) understandability of behaviour, and appeals to base rates of wrongdoing. It then proposes we should think a certain factor impeded capacities when this is the best explanation of a change in patterns of responses. With this approach in hand, I then argue that subjects in many of the situationist experiments are (mostly) excused for their actions. (shrink)

The authors of the feature article argue against implied consent in all episiotomy cases, but allow that opt-out consent might be appropriate in limited circumstances.1 However, they do not indicate how clinicians should assess whether the pregnant person is capable of consenting in this way during an obstetric emergency. This commentary will focus on how capacity should be determined during these circumstances, suggest next steps for clinicians if capacity is deemed uncertain or absent, and discuss the appropriate role (...) for opt-out consent in labour. Previous studies investigating the extent to which pregnant persons retain decision-making capacity during labour have shown poor recall, a component of capacity, about consent processes during obstetric emergency procedures in 14%–49% of cases.1 2 As the feature article acknowledges, this does not mean that pregnant persons should be assumed to lack decision-making capacity during labour. Although pain, labour intensity, exhaustion and medications can make consenting processes during labour more difficult and it is possible that these factors will result in the impaired ability of the pregnant person to make informed and voluntary decisions about treatment options, this possibility of impaired capacity should not be taken as the expected outcome nor should it be used as an excuse to skip consenting procedures.1 2 The default to treat labouring patients as able to make their own decisions still stands, although signs that a person lacks …. (shrink)

In a recent paper, Ishtiyaque Haji and Michael McKenna argue that my attack on Frankfurt-style cases fails. I had argued that we cannot be confident that agents in these cases retain their responsibility-underwriting capacities, because what capacities an agent has can depend on features of the world external to her, including merely counterfactual interveners. Haji and McKenna argue that only when an intervention is actual does the agent gain or lose a capacity. Here I demonstrate that this claim is (...) false: capacities are dispositions that can be constituted by features of the environment that are currently inactive. I also reply to two other objections: that my argument begs the question against historical accounts of moral responsibility and that it leaves the very locus of free action, our mental acts, untouched. (shrink)

Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of (...) Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments. (shrink)

In this paper we present an account of practical rationality and weakness of will in terms of rational capacities. We show how our account rectifies various shortcomings in Michael Smith's related theory. In particular, our account is capable of accommodating cases of weak-willed behaviour that are not `akratic', or otherwise contrary to the agent's better judgement. Our account differs from Smith's primarily by incorporating resolve: a third rational capacity for resolute maintenance of one's intentions. We discuss further two ways (...) to explain the importance of resolve to practical rationality: one based on Richard Holton's recent work, and an alternative, non-consequentialist account. (shrink)

This paper investigates the nature of dispositional properties in the context of artificial intelligence systems. We start by examining the distinctive features of natural dispositions according to criteria introduced by McGeer (2018) for distinguishing between object-centered dispositions (i.e., properties like ‘fragility’) and agent-based abilities, including both ‘habits’ and ‘skills’ (a.k.a. ‘intelligent capacities’, Ryle 1949). We then explore to what extent the distinction applies to artificial dispositions in the context of two very different kinds of artificial systems, one based on rule-based (...) classical logic and the other on reinforcement learning. Here we defend three substantive claims. First, we argue that artificial systems are not equal in the kinds of dispositional properties they instantiate. In particular, we show that logical systems instantiate merely object-centered dispositions whereas reinforcement learning systems allow for the instantiation of agent-based abilities. Second, we explore the similarities and differences between the agent-centered abilities of artificial systems and those of humans, especially as relates to the important distinction made in the human case between habits and skills/intelligent capacities. The upshot is that the agent-centered abilities of truly intelligent artificial systems are distinctive enough to constitute a third type of agent-based ability — blended agent-based ability — raising substantial questions as to how we understand the nature of their agency. Third, we explore one aspect of this problem, focussing on whether systems of this type are properly considered ‘responsible agents’, at least in some contexts and for some purposes. The ramifications of our analysis will turn out to be directly relevant to various ethical concerns of artificial intelligence. (shrink)

With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. (...) The terrain can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)

We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the (...) MacCAT-T focuses attention on individual cognitive performance criteria, an approach oriented by second-person phenomenology brings into view the complex role of time, others and identity in constituting the capacity for individual autonomous judgement. Our phenomenological analysis has consequences both for the practice of capacity assessments and for further research in this arena. Good practice in capacity assessment must attend to decision communities, distributed capacity, and temporal competence, while research on mental capacity will miss the phenomenon if it trains its focus ‘between the ears.’ We illustrate our approach by considering two recent cases of contested capacity: one involving cognitive disability in a dysfunctional decision community, the second presenting the possibility of competent decision-making under conditions of paranoid schizophrenia. (shrink)

Decision-Making Capacity First published Tue Jan 15, 2008; substantive revision Fri Aug 14, 2020 In many Western jurisdictions the law presumes that adult persons, and sometimes children that meet certain criteria, are capable of making their own medical decisions; for example, consenting to a particular medical treatment, or consenting to participate in a research trial. But what exactly does it mean to say that a subject has or lacks the requisite capacity to decide? This question has to do (...) with what is commonly called “decisional capacity”, a central concept in health care law and ethics, and increasingly an independent topic of philosophical inquiry. -/- Decisional capacity can be defined as the ability of subjects to make their own medical decisions. Somewhat similar questions of capacity arise in other contexts, such as capacity to stand trial in a court of law and the ability to make decisions that relate to personal care and finances. However, the history behind the more general legal notions of capacity to stand trial and capacity to manage one’s life is different and operates somewhat differently in law (Roth, Meisel, & Litz 1977; Zapf & Roesch 2005). For the purposes of this discussion the notion of decisional capacity will be limited to medical contexts only; most notably, those where decisions to consent or to refuse treatment or participation in clinical research are concerned. (shrink)

Until recently, philosophers debating the rationality of time-biases have supposed that people exhibit a first-person hedonic bias toward the future, but that their non-hedonic and third-person preferences are time-neutral. Recent empirical work, however, suggests that our preferences are more nuanced. First, there is evidence that our third-person preferences exhibit time-neutrality only when the individual with respect to whom we have preferences—the preference target—is a random stranger about whom we know nothing; given access to some information about the preference target, third-person (...) preferences mirror first-person preferences. As a result, the simulation hypothesis has been proposed, according to which third-person preferences will mirror first-person preferences when we can simulate the mental states of the preference target. Second, there is evidence that we prefer negative hedonic events to be in our past (we are first-person negatively hedonically future-biased) only when we view future events as fixed and in no way under our control. By contrast, when we perceive it to be within our power to mitigate the badness of future events, we are first-person negatively hedonically past-biased. This is the mitigation hypothesis. We distinguish two versions of the mitigation hypothesis, the squirrelling version and the heuristic version. We ran a study which tested the simulation hypothesis, and which aimed to determine whether the squirrelling or the heuristic version of the mitigation hypothesis enjoys more empirical support. We found support for the heuristic version of the hypothesis, but no support for the squirrelling version. (shrink)

This paper argues for a sufficient evidence condition on knowledge and I argue that there is no belief condition on knowledge.