This book is an inquiry into the motivation for altruistic behavior. It uncovers the condition that prompts or sometimes even compels us to act intentionally for the benefit of others. This condition, the pre-reflective experience of another person as a self-conscious individual just like oneself, finds its origin in the very structure of the mind. The essay is a synthesis of evidence from neuroscience, phenomenology, Eastern philosophy, analytic philosophy of mind, and cognitive psychology. Hence, it is an excellent example of (...) work in applied cognitive science. The book includes a critique of the several main approaches to the explanation of the motivation for altruistic behavior: biological, psychological, and philosophical. The path of the main inquiry produces several innovative proposals in the philosophy of mind in addition to the main conclusion. Included in these are a detailed account of the structure of the human mind, an ontological categorization of mental states, a naturalistic explanation of so-called mystical states, a proposal for the role of consciousness in the downward causation of physical events, a new interpretation of the Buddhist doctrine of no-self and a unique view of the nature of love. (shrink)

Francisco Suárez Sometimes called the "Eminent Doctor" after Paul V’s designation of him as doctor eximius et pius, Francisco Suárez was the leading theological and philosophical light of Spain’s Golden Age, alongside such cultural icons as Miguel de Cervantes, Tomás Luis de Victoria, and El Greco. Although initially rejected on grounds of deficient health … Continue reading Suárez, Francisco →.

Modern Studies in Philosophy, we are informed on the page facing the title-page, "is a series of anthologies presenting contemporary interpretations and evaluations of the works of major philosophers." The volumes are "intended to be contributions to contemporary debates as well as to the history of philosophy; they not only trace the origins of many problems important to modern philosophy, but also introduce major philosophers as interlocutors in current discussions." In the first of the two volumes on Plato three of (...) the articles chosen by Gregory Vlastos have not appeared elsewhere: Julius Moravcsik, Learning as Recollection; G. E. L. Owen, Plato on Not-Being; David Higgins, Sentence Meaning, Negation, and Plato's Problem of Non-Being. The other studies in Volume One are reprints: R. Robinson and J. D. Denniston, Plato; H. F. Cherniss, The Philosophical Economy of the Theory of Ideas; A. Wedberg, The Theory of Ideas; R. C. Cross and A. D. Woozley, Knowledge, Belief and the Forms; R. Robinson, Hypothesis in the Republic; G. Vlastos, Reasons and Causes in the Phaedo; R. E. Allen, Participation and Predication in Plato's Middle Dialogues; Colin Strang, Plato and the Third Man; J. L. Ackrill, Symplokë eidön; J. L. Ackrill, Plato and the Copula: Sophist 251-259. In Volume Two Terry Penner, "Thought and Desire in Plato" has not been published before. The others have: Paul Shorey, Plato's Ethics; David Sachs, A Fallacy in Plato's Republic; Raphael Demos, A Fallacy in Plato's Republic?; J. D. Mabbott, Is Plato's Republic Utilitarian?; G. Vlastos, Justice and Happiness in the Republic; F. M. Cornford, The Doctrine of Eros in Plato's Symposium; R. A. Markus, The Doctrine of Eros in Plato's Symposium; Glenn R. Morrow, Plato and the Rule of Law; Wayne A. R. Leys, Was Plato Non-Political?; F. E. Sparshott, Plato as Anti-Political Thinker; Renford Bambrough, Plato's Political Analogies; E. R. Dodds, Plato and the Irrational Soul; W. K. C. Guthrie, Plato's Views on the Nature of the Soul; Harold Cherniss, The Sources of Evil According to Plato; W. J. Verdenius, Plato's Doctrines of Artistic Imitation. Obviously, the above listed articles will be welcome to those debating issues in Plato and to historians of twentieth-century philosophy. There are two difficulties, however. The print is too small in the body of the text and is nearly microscopic in the footnotes and diagrams. Reading thus becomes almost painful. Margins to the left, right, top and bottom of the pages are practically nonexistent. On occasion footnote material is misplaced--for example, the comment on Strang's article as originally published elsewhere should be on p. 184, not on p. 187, of Volume One. But a greater problem is the fact that almost all the articles on metaphysics and epistemology are by linguistic analysts. Vlastos in his introductory remarks admits as much: "Volume One is heavily weighted on the 'analytical' side." He reports the statement of an un-named advocate of conceptual analysis "that these [analytic] methods now enable us to understand Plato better than he was ever understood by anyone in history--better than by any of his own contemporaries, even better than by himself!" He disclaims such euphoria but insists "there is an element of truth in it after all" insofar as analytic tools can alert a student to ambiguity and its consequences in some of Plato's sentences. Hence, "if we come across such sentences in Plato, it would be plainly true to say that we can understand them better than he did and even to add that we can, therefore, understand him better, since we can see both what he meant to say and the logical liabilities of his incautious sentences." All this is true enough, but a warning still is in order. Linguistic analysts tend to read only some of Plato's dialogues and, even within them, to concentrate on some passages only. This is understandable in view of their interests and the capacity of the analytic technique. But that selectivity might lead them to believe that the Plato thus revealed is the complete and authentic Plato, which it is not. Hence, in reading and teaching Plato one must complement language- and concept-analysis with other approaches. Vlastos himself is aware of this necessity : [[sic]] "Once we have made full allowance for what modern semantics and logic can do to make Plato more intelligible and alive for us today, we should be quick to concede that borrowings from this quarter must be used with economy and discretion, and that continuing reliance on older linguistic and historical disciplines is as essential now as it has ever been in the past if the object of our inquiries is Plato himself, instead of some mock-up more pleasing to current taste." One could only wish that Vlastos had fostered that reliance on other disciplines by including articles of that sort among those he actually chose.--L. S. (shrink)

Modern Studies in Philosophy, we are informed on the page facing the title-page, "is a series of anthologies presenting contemporary interpretations and evaluations of the works of major philosophers." The volumes are "intended to be contributions to contemporary debates as well as to the history of philosophy; they not only trace the origins of many problems important to modern philosophy, but also introduce major philosophers as interlocutors in current discussions." In the first of the two volumes on Plato three of (...) the articles chosen by Gregory Vlastos have not appeared elsewhere: Julius Moravcsik, Learning as Recollection; G. E. L. Owen, Plato on Not-Being; David Higgins, Sentence Meaning, Negation, and Plato's Problem of Non-Being. The other studies in Volume One are reprints: R. Robinson and J. D. Denniston, Plato; H. F. Cherniss, The Philosophical Economy of the Theory of Ideas; A. Wedberg, The Theory of Ideas; R. C. Cross and A. D. Woozley, Knowledge, Belief and the Forms; R. Robinson, Hypothesis in the Republic; G. Vlastos, Reasons and Causes in the Phaedo; R. E. Allen, Participation and Predication in Plato's Middle Dialogues; Colin Strang, Plato and the Third Man; J. L. Ackrill, Symplokë eidön; J. L. Ackrill, Plato and the Copula: Sophist 251-259. In Volume Two Terry Penner, "Thought and Desire in Plato" has not been published before. The others have: Paul Shorey, Plato's Ethics; David Sachs, A Fallacy in Plato's Republic; Raphael Demos, A Fallacy in Plato's Republic?; J. D. Mabbott, Is Plato's Republic Utilitarian?; G. Vlastos, Justice and Happiness in the Republic; F. M. Cornford, The Doctrine of Eros in Plato's Symposium; R. A. Markus, The Doctrine of Eros in Plato's Symposium; Glenn R. Morrow, Plato and the Rule of Law; Wayne A. R. Leys, Was Plato Non-Political?; F. E. Sparshott, Plato as Anti-Political Thinker; Renford Bambrough, Plato's Political Analogies; E. R. Dodds, Plato and the Irrational Soul; W. K. C. Guthrie, Plato's Views on the Nature of the Soul; Harold Cherniss, The Sources of Evil According to Plato; W. J. Verdenius, Plato's Doctrines of Artistic Imitation. Obviously, the above listed articles will be welcome to those debating issues in Plato and to historians of twentieth-century philosophy. There are two difficulties, however. The print is too small in the body of the text and is nearly microscopic in the footnotes and diagrams. Reading thus becomes almost painful. Margins to the left, right, top and bottom of the pages are practically nonexistent. On occasion footnote material is misplaced--for example, the comment on Strang's article as originally published elsewhere should be on p. 184, not on p. 187, of Volume One. But a greater problem is the fact that almost all the articles on metaphysics and epistemology are by linguistic analysts. Vlastos in his introductory remarks admits as much: "Volume One is heavily weighted on the 'analytical' side." He reports the statement of an un-named advocate of conceptual analysis "that these [analytic] methods now enable us to understand Plato better than he was ever understood by anyone in history--better than by any of his own contemporaries, even better than by himself!" He disclaims such euphoria but insists "there is an element of truth in it after all" insofar as analytic tools can alert a student to ambiguity and its consequences in some of Plato's sentences. Hence, "if we come across such sentences in Plato, it would be plainly true to say that we can understand them better than he did and even to add that we can, therefore, understand him better, since we can see both what he meant to say and the logical liabilities of his incautious sentences." All this is true enough, but a warning still is in order. Linguistic analysts tend to read only some of Plato's dialogues and, even within them, to concentrate on some passages only. This is understandable in view of their interests and the capacity of the analytic technique. But that selectivity might lead them to believe that the Plato thus revealed is the complete and authentic Plato, which it is not. Hence, in reading and teaching Plato one must complement language- and concept-analysis with other approaches. Vlastos himself is aware of this necessity : [[sic]] "Once we have made full allowance for what modern semantics and logic can do to make Plato more intelligible and alive for us today, we should be quick to concede that borrowings from this quarter must be used with economy and discretion, and that continuing reliance on older linguistic and historical disciplines is as essential now as it has ever been in the past if the object of our inquiries is Plato himself, instead of some mock-up more pleasing to current taste." One could only wish that Vlastos had fostered that reliance on other disciplines by including articles of that sort among those he actually chose.--L. S. (shrink)

In this study of Nietzsche's Thus Spoke Zarathustra, Paul S. Loeb proposes a fresh account of the relation between the book's literary and philosophical aspects and argues that the book's narrative is designed to embody and exhibit the truth of eternal recurrence. Loeb shows how Nietzsche constructed a unified and complete plot in which the protagonist dies, experiences a deathbed revelation of his endlessly repeating life, and then returns to his identical life so as to recollect this revelation and (...) gain a power over time that advances him beyond the human. Through close textual analysis and careful attention to Nietzsche's use of Platonic, biblical, and Wagnerian themes, Loeb explains how this novel design is the key to solving the many riddles of Thus Spoke Zarathustra - including its controversial fourth part, its obscure concept of the Übermensch, and its relation to Nietzsche's Genealogy of Morals. (shrink)

(2002). Clarifying the Ethics of Clinical Research: A Path toward Avoiding the Therapeutic Misconception. The American Journal of Bioethics: Vol. 2, No. 2, pp. 22-23.

Volume 19, Issue 5, May 2019, Page 22-24.

This essay is one of ten contributions to a special editorial feature in The Journal of Nietzsche Studies 49.2, in which authors were invited to address the following questions: What is the future of Nietzsche studies? What are the most pressing questions its scholars should address? What texts and issues demand our urgent attention? And as we turn to these issues, what methodological and interpretive principles should guide us? The editorship hopes this collection will provide a starting point for discussions (...) about the most fruitful directions for Nietzsche scholarship to take and the most promising avenues for building on the best recent work. (shrink)

: Responding to the paper by Miller and Joffe, we review the development of the concept of therapeutic misconception (TM). Our concerns about TM's impact on informed consent do not derive from the belief that research subjects have poorer outcomes than persons receiving ordinary clinical care. Rather, we believe that subjects with TM cannot give an adequate informed consent to research participation, which harms their dignitary interests and their abilities to make meaningful decisions. Ironically, Miller and Joffe's approach ends up (...) largely embracing the very position that they inaccurately attribute to us: the belief that, with some exceptions, it is only the prospect of poorer outcomes that should motivate efforts to dispel TM. In the absence of empirical studies on the steps required to dispel TM and the impact of such procedures on subject recruitment, it is premature to surrender to the belief that TM must be widely tolerated in clinical research. (shrink)

Genomic research—including whole genome sequencing and whole exome sequencing—has a growing presence in contemporary biomedical investigation. The capacity of sequencing techniques to generate results that go beyond the primary aims of the research—historically referred to as “incidental findings”—has generated considerable discussion as to how this information should be handled—that is, whether incidental results should be returned, and if so, which ones.Federal regulations governing most human subjects research in the United States require the disclosure of “the procedures to be followed” in (...) the research as part of the informed consent process. It seems reasonable to assume—and indeed, many commentators have concluded—that genomic investigators will be expected to inform participants about, among other procedures, the prospect that incidental findings will become available and the mechanisms for dealing with them. Investigators, most of whom will not have dealt with these issues before, will face considerable challenges in framing meaningful disclosures for research participants.To help in this task, we undertook to identify the elements that should be included in the informed consent process related to incidental findings. We did this by surveying a large number of genomic researchers (n = 241) and by conducting in‐depth interviews with a smaller number of researchers (n = 28) and genomic research participants (n = 20). Based on these findings, it seems clear to us that routine approaches to informed consent are not likely to be effective in genomic research in which the prospect of incidental findings exists. Ensuring that participants’ decisions are informed and meaningful will require innovative approaches to dealing with the consent issue. We have identified four prototypical models of a consent process for return of incidental findings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Examining the Ethics of Human Subjects ResearchPaul S. Appelbaum (bio)The work of the Advisory Committee on Human Radiation Experiments confirms once again the value of combining empirical and normative approaches to problems in clinical and research ethics. The Committee, like its predecessor, the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, spent relatively modest sums of money gathering targeted data to inform (...) its deliberations. The results of the Committee’s research, which are discussed by Nancy Kass and Jeremy Sugarman in this issue of the Kennedy Institute of Ethics Journal, enhance our understanding of the current ethical status of human subjects research, helping to focus attention on areas of particular concern, and lay the basis for future research and policy development.My comments here focus on the two major empirical studies conducted by the Committee—the Research Proposal Review Project and the Subject Interview Study. I will underscore just a few of the primary findings from these studies, consider their limitations, and explore their implications. Readers interested in the details of the studies should consult the Committee’s Final Report (ACHRE 1995), on which I rely in part and which provides additional information on the methodology and findings of the studies.Research Proposal Review ProjectWhat can be learned from the Committee’s review of 125 federally-funded human research studies? In answering that question, one cannot ignore the irony inherent in the Committee’s decision to review documents related to institutional review board (IRB) consideration of the selected protocols. The single most frequent complaint about the current system for protecting human subjects is that IRBs focus almost exclusively on review of consent forms and other research documents, as if they bore some close relationship to what actually transpires between investigators and potential research subjects. Only a small number of studies examine the research consent process. Nevertheless, existing data strongly [End Page 283] suggest that subject recruitment often involves an extended process of courtship, during which the information contained in consent forms is only a small part of the information passed between investigators and subjects (Benson, Roth, and Winslade 1985; Lidz et al. 1984).Indeed, the second of the Committee’s studies—the Subject Interview Study, which is discussed below—appears to confirm these findings. In-depth interviews with 99 individuals who reported that they were former or current research subjects suggest that “[f]or many, the decision to participate seemed to have been made before the consent form was given to them, and they signed it almost as a formality” (ACHRE 1995 [GPO, p. 742; Oxford, p. 471]). 1 Why, then, did the Committee focus its attention on documents that in many cases seem to play only a tangential role in the consent process? As is the case with IRBs around the country, the answer appears to be that consent forms and related documents are the only easily available window on consent transactions. In addition, under the current system, consent forms constitute the part of the process that IRBs can influence most easily. Consequently, it suits almost everyone’s needs—except perhaps those of the research subjects—to pretend that they reflect what actually transpires in the recruitment process. To the Committee’s credit, it was well aware of this dilemma. Nonetheless, it struggled to wring valid lessons from these limited data in its Final Report.Perhaps the most interesting finding from the Research Proposal Review Project is just how poor so many consent forms are. Given the disproportionate emphasis that many IRBs place on the content of the forms, one would expect that investigators by now would have learned to design documents that meet objective standards of adequacy, such as those applied by the Committee. Indeed, except in the most unusual circumstances, doing so would virtually guarantee that the IRB will ask no further questions about subject recruitment procedures. Although the data justify the inference that many investigators do not yet understand which information is essential to communicate to potential subjects, nor have learned how to do so effectively, they also force us to a still more radical conclusion. If the IRBs were doing their jobs, the Committee... (shrink)

ABSTRACT This essay examines the role that entomological workers played in U.S. public health efforts during the construction of the Panama Canal (1904–1914). Entomological workers were critical to mosquito control efforts aimed at the reduction of tropical fevers such as malaria. But in the process of studying vector mosquitoes, they discovered that many of the conditions that produced mosquitoes were not intrinsic to tropical nature per se but resulted from the human‐caused environmental disturbances that accompanied canal building. This realization did (...) not mesh well with an American ideology of tropical triumphalism premised on the notion that the Americans had conquered unalloyed tropical nature in Panama. The result, however, was not a coherent counternarrative but a set of intra‐administrative tensions over what controlling nature meant in Panama. Ultimately, entomological workers were loyal not just to the U.S. imperial mission in Panama but also to a modernist culture of science and to the workings of mosquito ecology as they understood them. (shrink)

There is a long and successful scholarly tradition of commenting on Nietzsche’s deep affinity for the philosophy of Heraclitus. But scholars remain puzzled as to why he suggested at the end of his career, in Ecce Homo, that the doctrine he valued most, the eternal recurrence of the same, might also have been taught by Heraclitus. This essay aims to answer this question through a close examination of Nietzsche’s allusions to Heraclitus in his first published mention of eternal recurrence in (...) The Joyful Science and in a related set of notes from the period when he was formulating and defending his doctrine of eternal recurrence while writing Thus Spoke Zarathustra. The key to answering this question, it is argued, is that Nietzsche came to believe that the doctrine of eternal recurrence, when properly understood as requiring identical repetition, has to presuppose a Heraclitean reality of eternal, absolute, and universal flux. (shrink)

Ideas of love within religion are usually driven by one of two mythologies – either a personal God who commands love or a mystical God of ineffable love – but both are inadequate for motivating love of neighbour. The first tends towards legalism and the second offers no cognitive guidance. The situation is further complicated by there being different understandings of love of neighbour in the various Abrahamic religions, as exemplified in the approaches of two philosophers, Søren Kierkegaard and Emmanuel (...) Levinas. A better approach is therefore to explore actual practices of love in everyday life, and to discover how love might be performed openly and creatively. One such practice is recognition of vulnerability, and this too is often driven by a mythology, in this case one marked by fear, and by a violence either imposed or avoided. One paradigmatic example is the vulnerability felt by speakers, especially women, in front of an audience. A turning from wilful ignorance of vulnerability and a turning to reliance on collective work, modelled on an awareness of mutual vulnerability and openness to the unknown, will help to change our philosophical and social imaginary. The dark myth of vulnerability can be transformed into finding opportunities in vulnerability for openness to affection and so to an enhancement of life. It is only from the perspective of this new imaginary, and from everyday practices of it, that the double love-command – love of God and love of neighbour – will function as any kind of common ground between religions. (shrink)

Exploring the 'roads less travelled', MacDonald continues his monumental essay in the history of ideas. The history of heterodox ideas about the concept of mind takes the reader from the earliest records about human nature in Ancient Egypt, the Ancient Near East, and the Zoroastrian religion, through the secret teachings in the Hermetic and Gnostic scriptures, and into the transformation of ideas about the mind, soul and spirit in the late antique and early medieval epochs. These transitions include discussion of (...) the influence of Central Asian shamanism, Manichean ideas about the soul in light and darkness, and Neoplatonic theurgy, 'working-on-god-within'. Sections on the medieval period are concerned with the rediscovery of magical practices and occult doctrines from Roger Bacon to Francis Bacon, the adaptation of Neoplatonic and esoteric ideas in the medieval Christian mystics, and the survival of these ideas mixed with natural science in the works of von Helmont, Leibniz and Goethe. The book concludes with an investigation of the many forms of dualism in accounts of the human mind and soul, and the concept of dual-life which underpins our aspiration to understand how humans could have an immortal nature like the gods. (shrink)

The target article does not address the neural mediation of complex social behavior. I review evidence that such mediation may be compatible with proposed Bayesian information-processing principles. Notably, however, such mediation occurs subcortically as well as cortically, concerns reward uncertainty and information uncertainty, and impacts culture via group-level payoff structures that define individualism and collectivism.

The eternal recurrence of the same. Simmel's critique ; Awareness ; Evidence ; Significance ; Coherence -- Demon or god? Deathbed revelation ; Daimonic prophecy ; Dionysian doctrine ; Diagnostic test -- The dwarf and the gateway. The gateway to Hades ; The dwarf's interpretation ; Zarathustra's cross-examination ; The inescapable cycle ; Crossing the gateway ; No time until rebirth ; The ancient memory ; Midnight swan song -- The great noon. Two conclusions ; Tragic end and analeptic satyr (...) play ; Zarathustra's hour ; Noon crucifixion ; Seventh-day convalescence ; Last temptation ; Third-day resurrection -- The laughing lions. Revaluation of values ; Dawn reunion ; Morning consecration ; Call to arms ; Final farewell and last will ; Zarathustra's great destiny -- The shepherd and the serpent. The eternally recurring human ; The future human ; Zarathustra the dragon-slayer ; The decapitation ; The heavy hammer ; No longer shepherd -- Circulus vitiosus deus. Impotence and revenge ; Backward-willing ; Self-redemption ; The third transformation ; The child spirit ; No longer human ; Zarathustra's dying gift -- Post-Zarathustra. Nietzsche and Zarathustra ; Reversing the bad conscience ; Atheism and the death of God ; Countering the ascetic ideal. (shrink)

Brian Leiter’s second book on Nietzsche brings together ideas and arguments that have already had a significant influence on the field through their earlier formulations in his articles from the past two decades. It is thus indispensable reading for anyone interested in Leiter’s evolving project of showing that Nietzsche has the correct naturalistic approach to issues in moral philosophy and moral psychology. As usual with Leiter’s scholarship, this monograph is extremely clear, densely argued, and philosophically sophisticated.Leiter nicely frames this book (...) with an introduction in which he offers his latest thoughts on Nietzsche’s naturalistic approach and with a concluding chapter in which he joins Joshua Knobe... (shrink)

Liberal societies are built on a foundation of personal rights, including the right to make decisions about the medical treatment that one will receive or decline to receive. So essential to the liberal project is the power of individual choice that it will be abrogated only in the most extreme situations, in which persons seem to be unable to make rational decisions and thereby to protect their interests. A small number of decision-related abilities have been identified as relevant to the (...) determination of when a person will be deemed decisionally incapable: understanding, appreciation, reasoning, and choice. It would seem prudent to tinker with these standards cautiously—if at all.... (shrink)

Recent Anglophone scholarship has successfully shown that Nietzsche's thought makes important contributions to a wide range of contemporary philosophical debates. In so doing, however, scholarship has lost sight of another important feature of Nietzsche's project, namely his desire to challenge the very conception of philosophy that has been used to assess his merits as a philosopher. In other words, contemporary scholarship has overlooked Nietzsche's contributions to metaphilosophy, i.e. debates around the nature, methods, and aims of philosophy. This important new collection (...) of essays brings together an international group of distinguished scholars to explore and discuss these contributions and debates. It will appeal to anyone interested in metaphilosophy, Nietzsche studies, German studies, or intellectual history. (shrink)

Some years ago I received a phone call telling me that my mother, then in her eighties, had been found wandering the street outside her home. It was the first indication my wife and I had of Alzheimer's disease. We arrived to discover that my mother was incoherent, with the house in disorder, bills unpaid, and perishable food in the night table rather than the refrigerator. Having spent much of my career trying to improve the assessment of decisional capacity, in (...) part to avoid unnecessary deprivation of decision-making rights, I did not take lightly the step to have my mother declared incompetent. But it was necessary. This episode has been on my mind since I returned recently from a conference in Paris devoted to the United Nations Convention on the Rights of Persons with Disabilities. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering (...) on the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

This article shows that Nietzsche’s published presentations endorse the cosmological truth of eternal recurrence and that they indicate how belief in this truth can be supported with direct mnemonic evidence as well as a priori scientific proof. It also introduces a refutation of any attempt to construe Nietzsche’s doctrine as a thought experiment that would help to test or promote the affirmation of nonrecurring life.

How do journalists sort out the tangle of legal rights and ethical responsibilities in their everyday news work? A survey of 1,037 journalists and in-depth interviews with 22 others, found substantial evidence for 3 models of the relation of law and ethics: a Separate Realms model, a Correspondence model, and a new "Responsibility Model" in which the law is considered in problematic situations but only as one of several considerations in what is essentially an ethical decision. The findings have implications (...) for the maintenance of generous levels of First Amendment freedom news media currently enjoy. (shrink)