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)

In this rich and detailed study of early modern women's thought, Jacqueline Broad explores the complexity of women's responses to Cartesian philosophy and its intellectual legacy in England and Europe. She examines the work of thinkers such as Mary Astell, Elisabeth of Bohemia, Margaret Cavendish, Anne Conway and Damaris Masham, who were active participants in the intellectual life of their time and were also the respected colleagues of philosophers such as Descartes, Leibniz and Locke. She also illuminates the continuities (...) between early modern women's thought and the anti-dualism of more recent feminist thinkers. The result is a more gender-balanced account of early modern thought than has hitherto been available. Broad's clear and accessible exploration of this still-unfamiliar area will have a strong appeal to both students and scholars in the history of philosophy, women's studies and the history of ideas. (shrink)

The basis of property rights is a central problem in political philosophy. The core philosophical dispute concerns whether property rights are natural facts, independent of human conventions. In this article, we examine adult judgments on this issue. We find evidence that familiar property norms regarding external objects (e.g., fish and strawberries) are treated as conventional on standard measures of authority dependence and context relativism. Previous work on the moral/conventional distinction indicates that people treat property rights as moral rather than conventional (...) (e.g., Dahl & Waltzer, 2020; Nucci & Turiel, 1993; Tisak & Turiel, 1984). However, these studies explicitly assume that one person owns property that another steals. Study 1 explores judgments of authority dependence regarding ownership in cases that explicitly appeal to stealing and prior ownership as compared to cases that omit such explicit appeals. We find that participants tend to treat ownership as authority dependent when explicit appeals to stealing are absent, but not when the explicit appeals are present. Study 2 examines intuitions about authority dependence of ownership violations as compared to canonical conventional and harm-based moral violations. We find that ownership violations are treated as more authority dependent than harm-based moral violations. This all suggests that some central property norms are treated as conventional. However, we also find that the conventionality of property norms is restricted in several ways. In study 3, we find that people do not treat norms of self-ownership as conventional. Other people cannot take your hair or skin cells even if the teacher says it's okay. Study 4 uses a measure of context relativism to examine the conventionality of ownership norms, comparing different possible norms of ownership. We find that participants regard takings that are violations in their own culture as permissible in other cultures; however, only some foreign norms are deemed acceptable. In study 5 we find another limitation – participants think it's impermissible to take resources from someone based on a new property norm that is retrospectively imposed. Finally, in study 6 we explore whether some takings might be judged to be morally (non-conventionally) wrong as a function of scarcity. We find that when asked about another culture that allows taking, participants tend to say that taking a food item from the person who caught it is permissible when the food is plentiful, but not when the food is scarce. (shrink)

This paper explores the reception of Kant's understanding of consciousness by both Romantics and Idealists from 1785 to 1799, and traces its impact on the theory of religion. I first look at Kant's understanding of consciousness as developed in the first Critique, and then looks at how figures such as Fichte, Jacobi, Hölderlin, Novalis, and Schleiermacher received this theory of consciousness and its implications for their understanding of religion.

This is the second of two collections of correspondence written by early modern English women philosophers. In this volume, Jacqueline Broad presents letters from three influential thinkers of the eighteenth century: Mary Astell, Elizabeth Thomas, and Catharine Trotter Cockburn. Broad provides introductory essays for each figure and explanatory annotations to clarify unfamiliar language, content, and historical context for the modern reader. Her selections make available many letters that have never been published before or that live scattered in various archives, (...) obscure manuscripts, and rare books. The discussions range in subject from moral theology and ethics to epistemology and metaphysics; they involve some well-known thinkers of the period, such as John Norris, George Hickes, Mary Chudleigh, John Locke, and Edmund Law. By centering epistolary correspondence, Broad's anthology works to reframe early modern philosophy, the foundation for so much of twentieth-century philosophy, as consisting of collaborative debates that women actively participated in and shaped. Together with its companion volume, Women Philosophers of Eighteenth-Century England: Selected Correspondence is an invaluable primary resource for students, scholars, and those undertaking further research in the history of women's contributions to the formation and development of early modern thought. (shrink)

What is the meaning of punishment today? Where is the limit that separates it from the cruel and unusual? Clearly, for the use of violence to be legitimate it must be subject to limitation. The difficulty is that the determination of this limit should be objective, but it is not. It is this contestability of the limit that this book addresses.

Although linguistic nativism has received the bulk of attention in contemporary innateness debates, moral nativism has perhaps an even deeper ancestry. If linguistic nativism is Cartesian, moral nativism is Platonic. Moral nativism has taken a backseat to linguistic nativism in contemporary discussions largely because Chomsky made a case for linguistic nativism characterized by unprecedented rigor. Hence it is not surprising that recent attempts to revive the thesis that we have innate moral knowledge have drawn on Chomsky’s framework. I’ll argue, however, (...) that the recent attempts to use Chomsky-style arguments in support of innate moral knowledge are uniformly unconvincing. The central argument in the Chomskian arsenal, of course, is the Poverty of the Stimulus (POS) argument. In section 1, I will set out the basic form of the POS argument and the conclusions about domain specificity and innate propositional knowledge that are supposed to follow. In section 2, I’ll distinguish 3 hypotheses about innateness and morality: rule nativism, moral principle nativism, and moral judgment nativism. In sections 3-5 I’ll then consider each of these hypotheses in turn. I’ll argue that while there is some reason to favor rule nativism, the arguments that moral principles and moral judgment derive from innate moral knowledge don’t work. The capacity for moral judgment is better explained by appeal to innate affective systems rather than innate moral knowledge. In the final section, I’ll suggest that the role of such affective mechanisms in structuring the mind complicates the standard picture about poverty of the stimulus arguments and nativism. For the affective mechanisms that influence cognitive structures can make contributions that are neither domain general nor domain specific. (shrink)

Descriptive accounts of the nature of explanation in neuroscience and the global goals of such explanation have recently proliferated in the philosophy of neuroscience and with them new understandings of the experimental practices of neuroscientists have emerged. In this paper, I consider two models of such practices; one that takes them to be reductive; another that takes them to be integrative. I investigate those areas of the neuroscience of learning and memory from which the examples used to substantiate these models (...) are culled, and argue that the multiplicity of experimental protocols used in these research areas presents specific challenges for both models. In my view, these challenges have been overlooked largely because philosophers have hitherto failed to pay sufficient attention to fundamental features of experimental practice. I demonstrate that when we do pay attention to such features, evidence for reduction and integrative unity in neuroscience is simply not borne out. I end by suggesting some new directions for the philosophy of neuroscience that pertain to taking a closer look at the nature of neuroscientific experiments. (shrink)

Dans ce monde ultrarapide, qui honnit le silence et l'absence, l'éloge de l'attente... qu'on n'attendait plus! Un ouvrage éclairé, étayé par de magnifiques références littéraires, d'Homère à Buzatti. Une suspension vitale par l'une des grandes auteures spirituelles d'aujourd'hui. " Heureux ceux qui connaissent encore la joie d'attendre - une lettre, une rencontre, une éclaircie, voire la vie éternelle.0" Qu'y a-t-il de commun entre le peuple hébreu marchant dans le désert pendant quarante ans, la reine Pénélope dont l'époux, Ulysse, est absent (...) depuis si longtemps, la Belle au bois dormant, l'arpenteur de Kafka, la sentinelle de Buzzati? ou encore l'amour lointain chanté par les troubadours et le long désir qui brûle les mystiques? Ici et là se manifeste une manière d'attendre - dans la paix, la détermination ou le doute, dans la confiance et la ferveur, avec parfois une joie intense.0Immense et mystérieuse, l'attente tisse toute une existence et elle élève l'être humain jusqu'à l'infini. Un livre empli d'espérance. Ecrivain, Jacqueline Kelen a publié de nombreux livres qui étudient les grands mythes de l'Occident, les figures de la mystique et les richesses de la vie intérieure. Aux Editions du Cerf ont paru Le diable préfère les saints, Les compagnons de sainteté, et Histoire de celui qui dépensa tout et ne perdit rien (prix de la liberté intérieure 2020). (shrink)

People with mental illness are treated, in research, as a ‘class’ or category who are vulnerable, without always being clear why they should be treated as such, not why an individual, rather than the class, is vulnerable. The two main reasons given are lack of competence and power imbalance. Competence issues include incapacity and legislation, assessment and the impact of the illness in decisions. Power issues cover the role of mental health legislation, coercion, protectiveness and paternalism, stigma and discrimination and (...) the ‘well’ and ‘ill’ self. These are examined within a framework of risk assessment, both to the patient and to others. Over-concern to protect the vulnerable can lead to gate-keepers preventing their inclusion in studies at various stages of the research. This denies such groups a voice in the research process.It is suggested that ethical scrutiny of research is not only to prevent harm to the vulnerable, but also to provide a framework to empower such people to take part in research. To do otherwise is to further stigmatize and marginalize them. One way forward is to look at the risk presented by different types of research, from clinical intervention trials to non-therapeutic, qualitative studies and to modify capacity and access requirements in the light of the risks presented. (shrink)

Since Freud's earliest psychoanalytic theorisation around the beginning of the twentieth-century, the concept of the unconscious has exerted an enormous influence upon psychoanalysis and psychology, literary, critical and social theory. Yet prior to Freud, the concept of the unconscious already possessed a complex genealogy in nineteenth-century German philosophy and literature, beginning with the aftermath of Kant's Critical Philosophy and the origins of German Idealism, and extending into the discourses of Romanticism and beyond. Despite the many key thinkers who contributed to (...) the Germanic discourses on the unconscious, the English speaking world remains comparatively unaware of this heritage and its influence upon the origins of psychoanalysis. Bringing together a collection of experts in the fields of German Studies, Continental Philosophy, the History and Philosophy of Science, and the History of Psychoanalysis, this volume examines the various theorisations, representations and transformations undergone by the concept of the unconscious in nineteenth-century German thought"--Provided by publisher. (shrink)

In this chapter I investigate the kinds of changes that psychiatric kinds undergo when they become explanatory targets of areas of sciences that are not “mature” and are in the early stages of discovering mechanisms. The two areas of science that are the targets of my analysis are cognitive neuroscience and cognitive neurobiology.

This paper explores three important criticisms of Kant's ethics by Friedrich Schleiermacher, all having to do with Kant's alleged failure to account for the value of the individual. These are: (1) Kant's formalism precludes him from specifying ends for the will, and without such ends, the moral perfection of the individual, and the genuine appreciation of the other in his or her individuality cannot become my end; (2) Kant cannot provide an adequate metaphysical grounding of the value of the individuals (...) comprising a community; (3) Kant cannot give an account of why members of a community should value the individual qua individual in relation to the community. In this paper I discuss these criticisms and their validity in detail. I show that understood properly, Kant has the resources to answer Schleiermacher's first criticism, and I show how Schleiermacher's own system sought to avoid the second and third problems. (shrink)

This paper offers a critique of an account of explanatory integration that claims that explanations of cognitive capacities by functional analyses and mechanistic explanations can be seamlessly integrated. It is shown that achieving such explanatory integration requires that the terms designating cognitive capacities in the two forms of explanation are stable but that experimental practice in the mind-brain sciences currently is not directed at achieving such stability. A positive proposal for changing experimental practice so as to promote such stability is (...) put forward and its implications for explanatory integration are briefly considered. (shrink)

The present volume provides an introduction to the major themes of work in experimental philosophy, bringing together some of the most influential articles in ...

Williams (1970) argues that our intuitions about personal identity vary depending on how a given thought experiment is framed. Some frames lead us to think that persistence of self requires persistence of one's psychological characteristics; other frames lead us to think that the self persists even after the loss of one's distinctive psychological characteristics. The current paper takes an empirical approach to these issues. We find that framing does affect whether or not people judge that persistence of psychological characteristics is (...) required for persistence of self. Open-ended, abstract questions about what is required for survival tend to elicit responses that appeal to the importance of psychological characteristics. This emphasis on psychological characteristics is largely preserved even when participants are exposed to a concrete case that yields conflicting intuitions over whether memory must be preserved in order for a person to persist. Insofar as our philosophical theory of personal identity should be based on our intuitions, the results provide some support for the view that psychological characteristics really are critical for persistence of self. (shrink)

Background Machine learning (ML) is utilized increasingly in health care, and can pose harms to patients, clinicians, health systems, and the public. In response, regulators have proposed an approach that would shift more responsibility to ML developers for mitigating potential harms. To be effective, this approach requires ML developers to recognize, accept, and act on responsibility for mitigating harms. However, little is known regarding the perspectives of developers themselves regarding their obligations to mitigate harms.Methods We conducted 40 semi-structured interviews with (...) developers of ML predictive analytics applications for health care in the United States.Results Participants varied widely in their perspectives on personal responsibility and included examples of both moral engagement and disengagement, albeit in a variety of forms. While most (70%) of participants made a statement indicative of moral engagement, most of these statements reflected an awareness of moral issues, while only a subset of these included additional elements of engagement such as recognizing responsibility, alignment with personal values, addressing conflicts of interests, and opportunities for action. Further, we identified eight distinct categories of moral disengagement reflecting efforts to minimize potential harms or deflect personal responsibility for preventing or mitigating harms.Conclusions These findings suggest possible facilitators and barriers to the development of ethical ML that could act by encouraging moral engagement or discouraging moral disengagement. Regulatory approaches that depend on the ability of ML developers to recognize, accept, and act on responsibility for mitigating harms might have limited success without education and guidance for ML developers about the extent of their responsibilities and how to implement them. (shrink)

This volume is the first to undertake a large-scale, longue durée study of pain in antiquity across multiple contexts, cultures and genres, providing a close analysis of the articulation of pain experiences, both mental and physical.

Volontiers pluridisciplinaire, le présent ouvrage multiplie les regards susceptibles d’éclairer l’insidieux changement de paradigme en cours qui affecte le mouvement Droit & Littérature et il prépare ainsi une espérée « théorie narrative du Droit ». L’être social fut naguère un être de Droit. Le voici aujourd’hui cerné de toutes parts - étouffé même - par les normes, les règles et les nudges qui déferlent sur lui en flux continus, issus de mille sources et transportés de mille manières. Pareille avalanche entraîne (...) de nouvelles modalités narratives qui se bousculent les unes les autres, dans un tourbillon où se dissout le Droit tel qu’il nous a longtemps été familier. (shrink)

Part of the nonfiction Orca Think series, this book gives young readers the tools to think about the physical, social and emotional needs of pets, farm animals and wild animals using the Five Freedoms.

Business ethics can be taught as a stand-alone course or be woven throughout a curriculum. There is a debate over whether to teach ethics in the form of theory or real-world connectedness or both. A moral-judgment gap exists, and many believe Business education should promote knowledge and skills that enable ethical intentions to be followed with ethical behaviors. This conceptual paper diagrams where the gap exists in Business Ethics education and theorizes how multi-modal, learning-centered ethics teaching can bridge this shortfall. (...) Literature from the field of Education is drawn upon for pedagogies that promote learning and application. Case studies, constructed narratives, and simulations function as several key components useful for developing complex skills needed for applying ethical reasoning. Additional components and strategies that undergird and reinforce the case studies and other active learning components are laid out in pyramid form toward an overall best-practices approach to developing principled moral reasoning in Business Ethics. (shrink)

Neuroscience is a laboratory-based science that spans multiple levels of analysis from molecular genetics to behavior. At every level of analysis experiments are designed in order to answer empirical questions about phenomena of interest. Understanding the nature and structure of experimentation in neuroscience is fundamental for assessing the quality of the evidence produced by such experiments and the kinds of claims that are warranted by the data. This article provides a general conceptual framework for thinking about evidence and experimentation in (...) neuroscience with a particular focus on two research areas: cognitive neuroscience and cognitive neurobiology. (shrink)

Nichols offers the first comprehensive interpretation of the eighteenth-century Scottish philosopher Thomas Reid's theory of perception - by far the most important feature of his philosophical system. Nichols's consummate knowledge of Reid's texts, lively examples, and plainspoken style make this book especially readable. It will be the definitive analysis for a long time to come.

Sixty seconds. That is how much time the 20-person crew of Midnight Rider had to escape from a train barreling at them while filming on a train-trestle in Georgia. You can do a lot of things in one...

Transitive proxy voting (or "liquid democracy") is a novel form of collective decision making, often framed as an attractive hybrid of direct and representative democracy. Although the ideas behind liquid democracy have garnered widespread support, there have been relatively few attempts to model it formally. This paper makes three main contributions. First, it proposes a new social choice-theoretic model of liquid democracy, which is distinguished by taking a richer formal perspective on the process by which a voter chooses a proxy. (...) Second, it examines the model from an axiomatic perspective, proving (a) a proxy vote analogue of May's Theorem and (b) an impossibility result concerning monotonicity properties in a proxy vote setting. Third, it explores the topic of manipulation in transitive proxy votes. Two forms of manipulation specific to the proxy vote setting are defined, and it is shown that manipulation occurs in strictly more cases in proxy votes than in classical votes. (shrink)

In this chapter, I argue that scientific practice in the neurosciences of cognition is not conducive to the discovery of natural kinds of cognitive capacities. The “neurosciences of cognition” include cognitive neuroscience and cognitive neurobiology, two research areas that aim to understand how the brain gives rise to cognition and behavior. Some philosophers of neuroscience have claimed that explanatory progress in these research areas ultimately will result in the discovery of the underlying mechanisms of cognitive capacities. Once such mechanistic understanding (...) is achieved, cognitive capacities purportedly will be relegated into natural kind categories that correspond to real divisions in the causal structure of the world. I provide reasons here, however, in support of the claim that the neurosciences of cognition currently are not on a trajectory for discovering natural kinds. As I explain, this has to do with how mechanistic explanations of cognitive capacities are developed. Mechanistic explanations and the kinds they explain are abstract representational byproducts of the conceptual, experimental and integrative practices of neuroscientists. If these practices are not coordinated towards developing mechanistic explanations that mirror the causal structure of the world, then natural kinds of cognitive capacities will not be discovered. I provide reasons to think that such coordination is currently lacking in the neurosciences of cognition and indicate where changes in these practices appropriate to the natural kinds ideal would be required if achieving this ideal is indeed the goal. However, I suggest that an evaluation of current practices in these research areas is suggestive that discovering natural kinds of cognitive capacities is not the goal. (shrink)

According to recent accounts of the imagination, mental mechanisms that can take input from both imagining and from believing will process imagination‐based inputs (pretense representations) and isomorphic beliefs in much the same way. That is, such a mechanism should produce similar outputs whether its input is the belief that p or the pretense representation that p. Unfortunately, there seem to be clear counterexamples to this hypothesis, for in many cases, imagining that p and believing that p have quite different psychological (...) consequences. This paper sets out some central problem cases and argues that the cases might be accommodated by adverting to the role of desires concerning real and imaginary situations. (shrink)

The precautionary principle has been widely discussed in the academic, legal, and policy arenas. This paper argues, however, that there is no single precautionary principle and we should stop referring to ?the? precautionary principle. Instead, we should talk about ?precaution? and ?precautionary approaches? more generally and identify and defend distinct precautionary principles of limited scope. Drawing on the vast literature on ?the? precautionary principle, this paper further argues that the challenges of decision making under conditions of uncertainty necessitate taking a (...) precautionary approach to decision making that will enable us to understand what particular precautionary principles require of us on a case-by-case basis. (shrink)

L'ouvrage revient sur le projet de l'esthétique dite "scientifique", qui se constitue comme telle dans la 2e moitié du XIXe siècle : dépasser les postulats kantiens et spiritualistes au nom d'un rapprochement de l'esthétique avec les sciences expérimentales de son temps (psychologie, physiologie, psychophysique, anthropologie...). Croisant les approches de la philosophie et de l'histoire de l’art, l'ouvrage étudie en outre l'articulation de cette esthétique avec l'art de son temps, du néo-impressionnisme aux débuts de l'abstraction, de l'art nouveau à la géométrie (...) sensible des puristes, et des réformateurs des arts du geste et de la danse aux zélateurs des synesthésies et de l'oeuvre d'art totale. (shrink)