The chapters in this volume deal with timely issues regarding democracy in theory and in practice in today's globalized world. Authored by leading political philosophers of our time, they appear here for the first time. The essays challenge and defend assumptions about the role of democracy as a viable political and legal institution in response to globalization, keeping in focus the role of rights at the normative foundations of democracy in a pluralistic world.

The existential analysis -- The death of dasein -- The timeliness of dasein -- The derivation of time -- The time of being.

López-Escobar, E. G. K. Introduction.--Kueker, D. W. Back-and-forth arguments and infinitary logics.--Green, J. Consistency properties for finite quantifier languages.--Cunningham, E. Chain models.--Gregory, J. On a finiteness condition for infinitary languages.

New Tenth Anniversary edition of this classic text with a new preface by the author, compares myths about meat-eating with myths about manliness, and seeks to ...

Those who see Confucianism as a premodern imperial ideology or a traditional religion have no problem characterizing its social ideal as inherently hierarchical, as this is fairly typical of such systems of thought. From this perspective, rather than valuing equality Confucianism takes for granted inequalities among people, and justifies social hierarchies and unequal distribution of power, resources, prestige, and other goods as part of its ethics and its ideal of good government by sagely kings, the justification sometimes involving metaphysical claims (...) about cosmic and religious hierar-chies.1 While some reject Confucianism for its supposed opposition to egalitarianism from perspectives that consider equality a.. (shrink)

Deeply rooted structures of racism, ableism, misogyny, ageism, and transphobia hurt great numbers of people, exposing them to intolerance, economic exclusion, and physical harm around the globe. Billions of land animals suffer and die annually in concentrated feeding operations and slaughterhouses. Our planet and all who live here are in perilous straights as the climate changes. In the face of such grievous problems, people who want to find positive ways to respond often grapple with difficult questions about how to make (...) a difference. Effective Altruism has arisen as an attempt to help answer these questions, encouraging people to give as much money as they can in the most effective ways to address human and animal suffering. But the Effective Altruists’ answers support some of the very social structures that cause suffering, undermining its efforts to “do the most good.” The Good It Promises, The Harm It Does is the first book-length critique of Effective Altruism. It brings together a diverse group of activists and scholars to explore Effective Altruism’s failure to meaningfully address forms of human and animal suffering. (shrink)

In just a few years, the book became an underground classic. Neither Man Nor Beast takes Adams' thought one step further.

Pateman challenges the way contemporary society functions by questioning the standard interpretation of an idea that is deeply embedded in American and British political thought: that our rights and freedoms derive from the social contract explicated by Locke, Hobbes, and Rousseau and interpreted in the United States by the Founding Fathers. The author shows how we are told only half the story of the original contract that establishes modern patriarchy. The sexual contract is ignored and thus men's patriarchal right over (...) women is also glossed over. No attention is paid to the problems that arise when women are excluded from the original contract but incorporated into the new contractual order. One of the main targets of the book is those who try to turn contractarian theory to progressive use, and a major thesis of the book is that this is not possible. Thus those feminists who have looked to a more "proper" contract- one between genuinely equal partners, or one entered into without any coercion- are misleading themselves. In the author's words, "In contract theory universal freedom is always a hypothesis, a story, a political fiction. Contract always generates political right in the forms of domination and subordination." Thus the book is also aimed at mainstream political theorists, and socialist and other critics of contract theory. The author offers a sweeping challenge to conventional understandings- of both left and right- of actual contracts in everyday life: the marriage contract, the employment contract, the prostitution contract, and the new surrogate mother contract. By bringing a feminist perspective to bear on the contradictions and paradoxes surrounding women and contract, and the relation between the sexes, she is able to shed new light on fundamental political problems of freedom and subordination. (shrink)

The Carol J. Adams Reader gathers together Adams's foundational and recent articles in the fields of critical studies, animal studies, media studies, vegan studies, ecofeminism and feminism, as well as relevant interviews and conversations in which Adams identifies key concepts and new developments in her decades-long work. This volume, a companion to The Sexual Politics of Meat (Bloomsbury Revelations), offers insight into a variety of urgent issues for our contemporary world: Why do batterers harm animals? What is the relationship (...) between genocide and attitudes toward other animals? How do activism and theory feed each other? How do race, gender, and species categories interact in strengthening oppressive attitudes? In clear language, Adams identifies the often hidden aspects of cultural presumptions. The essays and conversations found here capture the decades-long energy and vision that continue to shape new ways of thinking about and responding to oppression. (shrink)

Introduction to Xenophon's work and overview of his philosophy. _Greece and Rome_ New Surveys in the Classics Vol 48.

Did Freud present a scientific hypothesis about the unconscious, as he always maintained and as many of his disciples keep repeating? This question has long prompted debates concerning the legitimacy and usefulness of psychoanalysis, and it is of utmost importance to Lacanian analysts, whose main project has been to stress Freud's scientific grounding. Here Jacques Bouveresse, a noted authority on Ludwig Wittgenstein, contributes to the debate by turning to this Austrian-born philosopher and contemporary of Freud for a candid assessment of (...) the early issues surrounding psychoanalysis. Wittgenstein, who himself had delivered a devastating critique of traditional philosophy, sympathetically pondered Freud's claim to have produced a scientific theory in proposing a new model of the human psyche. What Wittgenstein recognized--and what Bouveresse so eloquently stresses for today's reader--is that psychoanalysis does not aim to produce a change limited to the intellect but rather seeks to provoke an authentic change of human attitudes. The beauty behind the theory of the unconscious for Wittgenstein is that it breaks away from scientific, causal explanations to offer new forms of thinking and speaking, or rather, a new mythology. Offering a critical view of all the texts in which Wittgenstein mentions Freud, Bouveresse immerses us in the intellectual climate of Vienna in the early part of the twentieth century. Although we come to see why Wittgenstein did not view psychoanalysis as a science proper, we are nonetheless made to feel the philosopher's sense of wonder and respect for the cultural task Freud took on as he found new ways meaningfully to discuss human concerns. Intertwined in this story of Wittgenstein's grappling with the theory of the unconscious is the story of how he came to question the authority of science and of philosophy itself. While aiming primarily at the clarification of Wittgenstein's opinion of Freud, Bouveresse's book can be read as a challenge to the French psychoanalytic school of Lacan and as a provocative commentary on cultural authority. (shrink)

Theories of aggregated legislative intent posit that the legislative intent of parliament is what a significant enough proportion of legislators intended (e.g., legislative intent is p if a majority intend that p). After all, many think the same way about democracy (‘votes reveal the will of the people’) and about courts (‘a court decision is based on judicial voting’). The existing literature on aggregated legislative intent, however, tends to make two undefended assumptions: (i) Informed Assumption: all legislators have policy intentions; (...) and (ii) Group Intent Assumption: the existence of an aggregated intent entails the existence of a group intent. Despite these assumptions being subject to great scrutiny, they largely remain undefended. This paper defends the Group Intent Assumption and shows that aggregated theories can survive with a weaker version of the Informed Assumption. (shrink)

In this essay, I will argue that contemporary ecofeminist discourse, while potentially adequate to deal with the issue of animals, is now inadequate because it fails to give consistent conceptual place to the domination of animals as a significant aspect of the domination of nature. I will examine six answers ecofeminists could give for not including animals explicitly in ecofeminist analyses and show how a persistent patriarchal ideology regarding animals as instruments has kept the experience of animals from being fully (...) incorporated within ecofeminism. (shrink)

In this essay, I will argue that contemporary ecofeminist discourse, while potentially adequate to deal with the issue of animals, is now inadequate because it fails to give consistent conceptual place to the domination of animals as a significant aspect of the domination of nature. I will examine six answers ecofeminists could give for not including animals explicitly in ecofeminist analyses and show how a persistent patriarchal ideology regarding animals as instruments has kept the experience of animals from being fully (...) incorporated within ecofeminism.2. (shrink)

The subject of personal identity is one of the most central and most contested and exciting in philosophy. Ever since Locke, psychological and bodily criteria have vied with one another in conflicting accounts of personal identity. Carol Rovane argues that, as things stand, the debate is unresolvable since both sides hold coherent positions that our common sense, she maintains, is conflicted; so any resolution to the debate is bound to be revisionary. She boldly offers such a revisionary theory of (...) personal identity by first inquiring into the nature of persons. Rovane begins with a premise about the distinctive ethical nature of persons to which all substantive ethical doctrines, ranging from Kantian to egoist, can subscribe. From this starting point, she derives two startling metaphysical possibilities: there could be group persons composed of many human beings and muliple persons within a single human being. Her conclusions supports Locke's distinction between persons and human beings, but on altogether new grounds. These grounds lie in her radically normative analysis of the condition of personal identity, as the condition in which a certain normative commitment arises, namely, the commitment to achieve overall rational unity within a rational point of view. It is by virtue of this normative commitment that individual agents can engage one another specifically as persons, and possess the distinctive ethical status of persons. Carol Rovan is Associate Professor of Philosophy at Yale University. Originally published in 1997. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

Shows that current elitist theories are based on an inadequate understanding of the early writings of democratic theory and that much sociological evidence has been ignored.

Opposition to legalizing surrogacy often involves the argument that it commodifies or objectifies women and children. When surrogacy involves consenting parties claiming to benefit from the transaction, commodification- or objectification-based arguments seem unpersuasive. This article argues that new natural law theory offers an alternative case against legalizing surrogacy based on the violation of basic goods of human flourishing, a notion which unpacks afresh what is really at stake in the commodification/objectification arguments. Exploring the new natural law approach through John Finnis’s (...) theory, this article suggests that the new natural law case against surrogacy hinges on the link between childbirth and raising children, which turns out to be the major bone of contention in the surrogacy debate. The establishment of the link turns on answers to empirical questions as to what is in the best interests of the child, as well as on contested notions of motherhood, raising questions of a philosophical or normative nature. This article elucidates for policy makers and legislators the precise issues they must face squarely in order to determine whether to legalize or prohibit surrogacy arrangements. (shrink)

In behavioral ethics today, there is debate as to which theory of moral development is the best for understanding ethical decision making, thereby facilitating ethical behavior. This debate between behavioral ethicists has been profoundly influenced by the field of moral psychology. Unfortunately, in the course of this marriage between moral psychology and business ethics and subsequent internal debate, a simple but critical understanding of human being in the field of management has been obscured; i.e., that morality is not a secondary (...) phenomenon arising out of something else. Therefore, in this paper, we will argue that there is a need in behavioral ethics to shift our understanding away from the influence of contemporary moral psychology and back to management theorist Ghoshal’s :75–91, 2005) view of what it means to be human in which the moral is fundamental. To assist in this labor, we will build on the philosophical work of Emmanuel Levinas who sees ethics, regardless of the setting, as a metaphysical concern. What this means is that Levinas sees the essential moral character of human life and the reality of human agency as ontologically fundamental, or constitutive of human nature itself. In other words, the ethical is the “first cause” in regard to understanding the nature and action of the individual, including within organizations. Thus, morality in any sphere of human endeavor, including in business, is not merely epiphenomenal to some more fundamental reality. (shrink)

Carol Zaleski's book is the first objective, comprehensive survey of the mass of evidence surrounding near-death experiences: the extraordinary visions and ecstatic feelings reported by people who have survived a close brush with death. Comparing recent near-death narratives with those of a much earlier period she finds both profound similarities and striking contrasts.

There is no broadly accepted definition of ‘life.’ Suggested definitions face problems, often in the form of robust counter-examples. Here we use insights from philosophical investigations into language to argue that defining ‘life’ currently poses a dilemma analogous to that faced by those hoping to define ‘water’ before the existence of molecular theory. In the absence of an analogous theory of the nature of living systems, interminable controversy over the definition of life is inescapable.

In this essay, I connect the sexual victimization of women, children, and pet animals with the violence manifest in a patriarchal culture. After discussing these connections, I demonstrate the importance of taking seriously these connections because of their implications for conceptual analysis, epistemology, and political, environmental, and applied philosophy. My goal is to broaden our understanding of issues relevant to creating peace and to provide some suggestions about what must be included in any adequate feminist peace politics.

In lieu of an abstract, here is a brief excerpt of the content:Of Diversities and Comparisons...Sor-hoon TanEncyclopedia of Chinese Philosophy. Edited by Antonio S. Cua. New York and London: Routledge, 2003. Pp. 1,020.Encyclopedias can be useful in teaching philosophy when students need some reading that sets out the basics on a key topic in a few pages without their getting lost in too many complex details or being misled by oversimplifications. They can also be edifying for the philosophy teacher and (...) scholar—providing reliable, up-to-date information on topics that lie in their field but that are not part of their working knowledge. For these reasons, those working in Chinese philosophy will welcome the publication of the Encyclopedia of Chinese Philosophy. The 187 entries cover a variety of subject areas such as "Moral Philosophy" and "Philosophy of language"; Confucianism in different periods and countries, Daoism, Mohism, Legalism, the school of names, Buddhism, and Marxism in China; philosophical trends in post-Mao China, Taiwan, and overseas; key concepts such as dao (the way), fa (law, standards), liyi fenshu (principle and manifestations), and quanli (rights); texts such as the Huainanzi and the Wenzi; and thinkers from Laozi and Confucius to Hu Shih and Mou Zongsan.Instead of more numerous short entries, this encyclopedia has opted for fewer entries of greater length—the Preface tells us that entries on important thinkers and philosophical topics typically range from five thousand to nine thousand words in length, and a quick check reveals that even the shortest entry is at least two pages long (more than one thousand words). This format allows authors to explore the philosophical issues at some depth, and expound even complex arguments in detail. The connections between different concepts, thinkers, texts, philosophical theories, and development that stretch across different periods and territories can be delineated more clearly in a single entry. There is a danger of duplication with this format, as some texts and concepts may be covered in several articles; for example, most of "Confucianism: Constructs of Classical Thought" is on what the author identifies as six key texts of Classical Confucianism: the Analects, Mencius, Xunzi, Yizhuan, Zhongyong (Doctrine of the mean), and Daxue (Great Learning). The sections on Mencius and Xunzi (pp. 66-67) merely introduce a small part of what is discussed in much greater depth and detail in the entries on these two thinkers (pp. 440-448 and 821-829). The Zhongyong and Daxue also have their own entries, and "Confucianism: Confucius" (p. 61) contains an entire section on the Analects.As it turns out, the duplication is less than expected. Pei-jung Fu, author of "Confucianism: Constructs of Classical Thought," implicitly questions Xunzi's Confucian pedigree, beginning his discussion with "Xunzi professed to be an advocate of Confucianism" (p. 67). Such doubt is clearly not shared by A. S. Cua, who authored [End Page 111] the entry on "Xunzi," introducing the thinker as "an important exponent of classical Confucianism" (p. 821). Cua also does not share Fu's view that "the real issue between Mencius and Xunzi lies in their concepts of heaven (tian)" (p. 67). Fu and the author of the entry on the Zhongyong translate key terms in the texts differently: Fu discusses "five ethical codes" and "three comprehensive virtues" (p. 68) while Yanming An calls them "five universal paths" and "three universal virtues" (p. 890). Such differences can be either thought provoking or confusing (especially when unaccompanied by Chinese characters or even pinyin), depending on the reader. The sections on the Analects in "Confucianism: Confucius" and "Confucianism: Constructs of Classical Thought" have hardly anything in common; the first examines it as an account of how Confucius lives as an exemplar remembered by his students, while the latter discusses its content, focusing on ren and li, as well as on Confucius' religious concerns. While concepts such as ren and li are frequently discussed, the different ways in which authors employ them and the different characteristics, contexts, and philosophical stakes they pay attention to enrich one's understanding of the many dimensions of these concepts even as similarities in diverse entries reinforce certain aspects and perspectives.One comes across disagreements to various degrees on common or related topics among different entries. While... (shrink)

Carole Pateman is one of the leading political theorists writing today. This wide-ranging volume brings together for the first time a selection of her work on democratic theory and feminist criticism of mainstream political theory. The volume includes substantial discussions of problems of democracy, citizenship and the welfare state, including the largely unrecognized difficulties surrounding women's participation. The inclusion of essays from both a mainstream and feminist perspective provides concrete examples of the differences between these two approaches to democracy, to (...) questions of consent and political obligation, and to the relationship between the private and public spheres. This scholarly and highly challenging work will be of interest to students and researchers in political theory, political science, women's studies and sociology. (shrink)

Critical Theory and Animal Liberation is the first collection to look at the human relationship with animals from the critical or 'left' tradition in political and social thought. The contributions in this volume highlight connections between our everyday treatment of animals and other forms of oppression, violence, and domination. Breaking with past treatments that have framed the problem as one of 'animal rights,' the authors instead depict the exploitation and killing of other animals as a political question of the first (...) order. (shrink)

How to formulate the doctrine of relativism -- Evaluating the doctrine of relativism.

Many scientists believe that there is a uniform, interdisciplinary method for the prac- tice of good science. The paradigmatic examples, however, are drawn from classical ex- perimental science. Insofar as historical hypotheses cannot be tested in controlled labo- ratory settings, historical research is sometimes said to be inferior to experimental research. Using examples from diverse historical disciplines, this paper demonstrates that such claims are misguided. First, the reputed superiority of experimental research is based upon accounts of scientific methodology (Baconian inductivism (...) or falsificationism) that are deeply flawed, both logically and as accounts of the actual practices of scientists. Second, although there are fundamental differences in methodology between experimental scien- tists and historical scientists, they are keyed to a pervasive feature of nature, a time asymmetry of causation. As a consequence, the claim that historical science is methodo- logically inferior to experimental science cannot be sustained. (shrink)

In this paper I argue that, in addition to having an obligation to resist the oppression of others, people have an obligation to themselves to resist their own oppression. This obligation to oneself, I argue, is grounded in a Kantian duty of self-respect.

This research tested the hypothesis that prudence and altruism, in situations involving future desires, follow a similar developmental course between the ages of 3 and 5 years. Using a modified delay of gratification paradigm, 3- to 5-year-olds were tested on their ability to forgo a current opportunity to obtain some stickers in order to gratify their own future desires — or the current or future desires of a research assistant. Results showed that in choices involving current desires, altruistic behavior was (...) unrelated to age. However, prudence and altruism involving future situations were correlated with one another and with age. Children under 4 years of age demonstrated significantly less futureoriented prudence than the older children (F(1,49) = 15.75; p<.001) and significantly less altruism involving future situations (F(1,49) = 33.24; p<.001). The data for the 3-year-olds, but not for the older children, also showed agepartialled correlations between the two future-oriented choice situations. These results suggest that between 3 and 4 years, children acquire the ability to deal with future-oriented situations through the development of some common mechanism which affects both future-oriented prudence and altruism. (shrink)

All the cards seem to be stacked against belief in immortality. Nonetheless, the resources of particular religious traditions may avail where generic philosophical solutions fall short. With attention to the boredom and narcissism critiques, intimations of deathlessness in Śāntideva's radical altruism, and recent Christian debates on the soul and the intermediate state, I propose two criteria for a coherent religion-specific belief in immortality: (1) the belief is supported by a fully realized religious tradition, (2) the belief satisfies the demand for (...) self-transcendence as well as for self-preservation. Where self-transcendence and self-preservation are kept in balance, and where the whole idea rests upon the lattice-work of a fully realized religious tradition, immortality is a fitting object of belief. Moreover, such belief is compatible with considerable speculative freedom concerning matter and spirit, body and soul, and personal identity over time. (shrink)

: Despite its amazing morphological diversity, life as we know it on Earth today is remarkably similar in its basic molecular architecture and biochemistry. The assumption that all life on Earth today shares these molecular and biochemical features is part of the paradigm of modern biology. This paper examines the possibility that this assumption is false, more specifically, that the contemporary Earth contains as yet unrecognized alternative forms of microbial life. The possibility that more than one form of life arose (...) on Earth is consistent with our current understanding of conditions on the early Earth and the biochemical and molecular possibilities for life. Arguments that microbial descendents of an alternative origin of life could not co-exist with familiar life are belied by what we know of the complexity and diversity of microbial communities. Furthermore, the tools that are currently used to explore the microbial world – microscopy (with the aid of techniques such as DAPI staining and fluorescence in situ hybridization), cultivation and PCR amplification of rRNA genes – could not detect such organisms if they existed. Thus, the fact that we have not discovered any alternative life forms cannot be taken as evidence that they do not exist. (shrink)

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

In her 2004 book Carol Gould addresses the fundamental issue of democratizing globalization, that is to say of finding ways to open transnational institutions and communities to democratic participation by those widely affected by their decisions. The book develops a framework for expanding participation in crossborder decisions, arguing for a broader understanding of human rights and introducing a new role for the ideas of care and solidarity at a distance. Reinterpreting the idea of universality to accommodate a multiplicity of (...) cultural perspectives, the author takes up a number of applied issues, including the persistence of racism, cultural rights, women's human rights, the democratic management of firms, the use of the Internet to enhance political participation, and the importance of empathy and genuine democracy in understanding terrorism and responding to it. Accessibly written with a minimum of technical jargon this is a major contribution to political philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)