Limits to paternalism are, in the liberal democracies, partially defined by the concepts of decision-making capacity/incapacity (mental competence/incompetence). The paper is a response to Ian Wilkss (1997) recent attempt to defend the idea that the standards for decisional capacity ought to vary with the degree of risk incurred by certain choices. Wilkss defense is based on a direct appeal to the logical features of examples and analogies, thus attempting to by-pass earlier criticisms (e.g., Culver Gert, 1990) of risk-based standards. Wilkss (...) argument is found wanting on the grounds that he misconstrues the logic of such capacity, especially in accounting for conceptual and pragmatic ties with issues of decisional authority. A diagnosis is offered as to the source of Wilkss error (the assumption that mental competence is a species of wider genus of competence), and an alternative way of accounting for risk within the predominant contemporary legal framework is sketched. (shrink)

The authors examine recent arguments purporting to show that mental incompetence (lack of decision-making capacity) is not a necessary condition for intervention in a person's best interests without consent. It is concluded that these arguments fail to show that competent wishes could justifiably be overturned. Nonetheless, it remains an open question whether accounts of decision-making capacity based solely on the notions of understanding and appreciation can adequately deal with various complexities. Different possible ways of resolving these complexities are outlined, all (...) of which need further exploration. (shrink)

Various complexities that arise in the application of legal and/or clinical criteria to the actual assessment of competence/capacity are discussed, and a particular way of understanding the nature of such criteria is recommended.

“Terms that have histories cannot be defined.” – Nietzsche“[T]he reality to which we were attending seemed to resist our thinking it.” – Cora Diamond[1] Much has been learned in recent decades about the behaviour and abilities of many species of non-human animals. Increasingly many who reflect on the abilities of languageless animals are uncomfortable with a once prevalent dichotomy of either assigning these abilities to the realm of mere mechanism or granting such creatures full rationality and more or less the (...) entire range of abilities that involves. This has lead to no little reflection and debate regarding how to proceed in studying animal “cognition,” and about what counts as adequately or accurately explaining animal behaviour. I cautiously hope herein to contribute to the clarity of what is already a discussion too rich and complex to do any justice to here. Little of what I say will be original, but the particular way of approaching the issues herein may shed some light on why certain issues have endured. (shrink)

This article discusses the suggestion, expressed in the three preceding articles in this issue of Ethics & Behavior, that ethics as practiced in the helping professions requires greater organizational democratization. The relevance to this proposal of both a cognitive conception of democracy and an account of the nature of values that establishes their objectivity is also discussed.

An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...) a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour. (shrink)

One of the more interesting developments in recent historical writing has been a reconsideration of the debates over poor law reform. In the sharply-demarcated world of post-war scholarship, the poor law fell clearly, if somewhat problematically, into the domain of social history. For obvious contemporary reasons, post-war social history devoted a good deal of scholarly energy to constructing a history of social policy. Much of this work was problematized in terms of the then orthodox agenda of the welfare state. The (...) dominant questions concerned modes of assessing entitlements, mechanisms for delivering welfare, and the bureaucratic characteristics of the old and new poor laws. Despite its considerable empirical merits, this kind of social history was inhibited by its methodological and problematic certainties. To a large extent this was a social history which defined itself against traditional political history, offering a narrative of social policy formation which, whilst not eliminating political processes from its account, tended to marginalize their normative significance. One extreme formulation was Sydney Checkland's ‘socially innocent state’. Here the loss of ‘social innocence’ on the part of the British state is evaluated directly in terms of its willingness to develop the kind of social agenda and administrative machinery characteristic of modern wellfarism. For Checkland in particular, social policy was conceived almost exclusively in terms of state-driven programmes of ‘social improvement’. The old poor law, with its pattern of local management, discretionary administration, and paternalist social vision flatly contracted the statutorily-articulated welfarism which Checkland took to be axiomatic to a coherently-conceived social policy. In terms of statutory authority and administrative machinery, Checkland saw the new poor law as a critical move towards a more coherently-constructed state social policy. (shrink)

Representationalists argue that phenomenal states are intentional states of a special kind. This paper offers an account of the kind of intentional state phenomenal states are: I argue that they are underived intentional states. This account of phenomenal states is equivalent to two theses: first, all possible phenomenal states are underived intentional states; second, all possible underived intentional states are phenomenal states. I clarify these claims and argue for each of them. I also address objections which touch on a range (...) of topics, including meaning holism and concept empiricism. I conclude with a brief discussion of the consequences of the proposed view for the project of naturalizing consciousness. (shrink)

From religion to philosophy to science, all human systems of definition are formed by human brains. The nature and limits of the human brain are the nature and limits of those systems. This essay shows how the human brain works normally then unusually, and what this reveals about the limits of human knowledge. There are many conditions and instances where the brain processes information unusually, including mental disorders, physical events, and drug use. This essay focuses on the neurological events called (...) mystical experiences. (shrink)

This short peer-reviewed text is a concise look at the psychology of how human beings make decisions, including how they form their worldviews and make arguments.

This paper aims to provide two abductive considerations adducing in favor of the thesis of Necessitism in modal ontology. I demonstrate how instances of the Barcan formula can be witnessed, when the modal operators are interpreted 'naturally' -- i.e., as including geometric possibilities -- and the quantifiers in the formula range over a domain of natural, or concrete, entities and their contingently non-concrete analogues. I argue that, because there are considerations within physics and metaphysical inquiry which corroborate modal relationalist claims (...) concerning the possible geometric structures of spacetime, and dispositional properties are actual possible entities, the condition of being grounded in the concrete is consistent with the Barcan formula; and thus -- in the geometric setting -- merits adoption by the Necessitist. (shrink)

Part of the appeal of the biological approach to personal identity is that it does not have to countenance spatially coincident entities. But if the termination thesis is correct and the organism ceases to exist at death, then it appears that the corpse is a dead body that earlier was a living body and distinct from but spatially coincident with the organism. If the organism is identified with the body, then the unwelcome spatial coincidence could perhaps be avoided. It is (...) argued that such an identification would be a mistake. A living organism has a different part/whole relationship and persistence conditions than the alleged body. A case will be made that the concept ‘human body’ is a conceptual mess, vague in an unprincipled manner, and that an eliminativist stance towards dead bodies is the appropriate response. CiteULike Connotea Del.icio.us What's this? (shrink)

Oxford Philosophical Texts Series Editor: John Cottingham The Oxford Philosophical Texts series consists of authoritative teaching editions of canonical texts in the history of philosophy from the ancient world down to modern times. Each volume provides a clear, well laid out text together with a comprehensive introduction by a leading specialist, giving the student detailed critical guidance on the intellectual context of the work and the structure and philosophical importance of the main arguments. Endnotes are supplied which provide further commentary (...) on the arguments and explain unfamiliar references and terminology, and a full bibliography and index are also included. The series aims to build up a definitive corpus of key texts in the Western philosophical tradition, which will form a reliable and enduring resource for students and teachers alike. David Hume's aim in writing An Enquiry concerning Human Understanding was to introduce his philosophy to a European culture in which many educated people read original works of philosophy. He gives an elegant and accessible presentation of strikingly original and challenging views about the limited powers of human understanding, the attractions of scepticism, the compatibility of free will and determinism, and weaknesses in the foundations of religion. Hume's philosophy was highly controversial in the eighteenth century and remains so today. The text printed in this edition is that of the Clarendon critical edition of Hume's works. A substantial introduction by the editor explains the intellectual background to the work and surveys its main themes. The volume also includes detailed explanatory notes on the text, a glossary of terms, a full list of references, and a section of supplementary readings. (shrink)

As a continuation of the work of the third author in [5], we make further observations on the features of Galois cohomology in the general model theoretic context. We make explicit the connection between forms of definable groups and first cohomology sets with coefficients in a suitable automorphism group. We then use a method of twisting cohomology (inspired by Serre’s algebraic twisting) to describe arbitrary fibres in cohomology sequences—yielding a useful “finiteness” result on cohomology sets. Applied to the special case (...) of differential fields and Kolchin’s constrained cohomology, we complete results from [3] by proving that the first constrained cohomology set of a differential algebraic group over a bounded, differentially large, field is countable. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The Discovery of Evolution explains what the theory of evolution is all about by providing a historical narrative of discovery. Some of the major puzzles that confront anyone studying living things are discussed and it details how these were solved from an evolutionary perspective. Beginning with the emergence of the early naturalists in the seventeenth century, the scientific discoveries that led up to and then flowed from Darwin and Wallace's theory of evolution by natural selection are then discussed, and finally (...) the modern evolutionary studies at the close of the twentieth century are detailed. This new edition of The Discovery of Evolution is fully updated and contains a new chapter on the evolutionary studies of the twentieth century. By approaching the topic of evolution in this way, it is made accessible to the non-specialist and no previous study of biology is required in order to read and understand this book. (shrink)

Although known as the founder of modern utilitarianism and the source of analytical jurisprudence, Bentham today is infrequently read but often caricatured. The present book offers a reinterpretation of Bentham's main philosophical doctrines, his principle of utility and his analysis of law, philosophical doctrines, as they are developed in Bentham's most important works. A new reading is also given to his theory of law, which suggests Bentham's insight, originality, and continued interest for philosophers and legal theorists. First published in 1973, (...) this revised edition contains a new Preface, a revised Bibliography, and two new Indexes, one of Names and one of Subjects, which together replace the original index. (shrink)

This volume is devoted to Lewis's work in metaphysics and epistemology. Topics covered include properties, ontology, possibility, truthmaking, probability, the mind-body problem, vision, belief, and knowledge. The purpose of this collection, and the volumes that precede and follow it, is to disseminate more widely the work of an eminent and influential contemporary philosopher. The volume will serve as a useful work of reference for teachers and students of philosophy.

In this classic work David Bohm, writing clearly and without technical jargon, develops a theory of quantum physics which treats the totality of existence as an unbroken whole.

[This is an edited version of a keynote talk at the conference on Neural Information Processing Systems (NeurIPS) on November 28, 2022, with some minor additions and subtractions.] -/- There has recently been widespread discussion of whether large language models might be sentient or conscious. Should we take this idea seriously? I will break down the strongest reasons for and against. Given mainstream assumptions in the science of consciousness, there are significant obstacles to consciousness in current models: for example, their (...) lack of recurrent processing, a global workspace, and unified agency. At the same time, it is quite possible that these obstacles will be overcome in the next decade or so. I conclude that while it is somewhat unlikely that current large language models are conscious, we should take seriously the possibility that successors to large language models may be conscious in the not-too-distant future. (shrink)

Religion, science, and naturalism -- Perception and religious experience -- Panexperientialism, freedom, and the mind-body relation -- Naturalistic, dipolar theism -- Natural theology based on naturalistic theism -- Evolution, evil, and eschatology -- The two ultimates and the religions -- Religion, morality, and civilization -- Religious language and truth -- Religious knowledge and common sense.

Moral claims not only purport to be true, they also purport to guide our choices. This book presents a new theory of normative judgment, the "standard-based theory," which offers a schematic account of the truth conditions of normative propositions of all kinds, including moral propositions and propositions about reasons. The heart of Copp 's approach to moral propositions is a theory of the circumstances under which corresponding moral standards qualify as justified, the " society -centered theory." He argues that because (...) any society needs a social moral code in order to enable its members to live together successfully, and because it would be rational for a society to choose such a code, certain moral codes, and the standards they include, are justified. According to the standard-based theory then, if certain moral standards are indeed justified, corresponding moral propositions may be true. Copp 's approach to morality and explaining normativity and the truth conditions of moral claims, raises a number of important issues in moral theory, as well as in metaphysics and the philosophy of language. (shrink)

"My work has had nothing to do with gay liberation," Michel Foucault reportedly told an admirer in 1975. And indeed there is scarcely more than a passing mention of homosexuality in Foucault's scholarly writings. So why has Foucault, who died of AIDS in 1984, become a powerful source of both personal and political inspiration to an entire generation of gay activists? And why have his political philosophy and his personal life recently come under such withering, normalizing scrutiny by commentators as (...) diverse as Camille Paglia, Richard Mohr, Bruce Bawer, Roger Kimball, and biographer James Miller? David M. Halperin's Saint Foucault is an uncompromising and impassioned defense of the late French philosopher and historian as a galvanizing thinker whose career as a theorist and activist will continue to serve as a model for other gay intellectuals, activists, and scholars. A close reading of both Foucault and the increasing attacks on his life and work, it explains why straight liberals so often find in Foucault only counsels of despair on the subject of politics, whereas gay activists look to him not only for intellectual inspiration but also for a compelling example of political resistance. Halperin rescues Foucault from the endless nature-versus-nurture debate over the origins of homosexuality ("On this question I have absolutely nothing to say," Foucault himself once remarked) and argues that Foucault's decision to treat sexuality not as a biological or psychological drive but as an effect of discourse, as the product of modern systems of knowledge and power, represents a crucial political breakthrough for lesbians and gay men. Halperin explains how Foucault's radical vision of homosexuality as a strategic opportunity for self-transformation anticipated the new anti-assimilationist, anti-essentialist brand of sexual identity politics practiced by contemporary direct-action groups such as ACT UP. Halperin also offers the first synthetic account of Foucault's thinking about gay sex and the future of the lesbian and gay movement, as well as an up-to-the-minute summary of the most recent work in queer theory. "Where there is power, there is resistance," Michel Foucault wrote in The History of Sexuality, Volume I. Erudite, biting, and surprisingly moving, Saint Foucault represents Halperin's own resistance to what he views as the blatant and systematic misrepresentation of a crucial intellectual figure, a misrepresentation he sees as dramatic evidence of the continuing personal, professional, and scholarly vulnerability of all gay activists and intellectuals in the age of AIDS. (shrink)

In this innovative study, Lea David critically investigates the relationship between human rights and memory, suggesting that, instead of understanding human rights in a normative fashion, human rights should be treated as an ideology. Conceptualizing human rights as an ideology gives us useful theoretical and methodological tools to recognize the real impact human rights has on the ground. David traces the rise of the global phenomenon that is the human rights memorialization agenda, termed 'Moral Remembrance', and explores what (...) happens once this agenda becomes implemented. Based on evidence from the Western Balkans and Israel/Palestine, she argues that the human rights memorialization agenda does not lead to a better appreciation of human rights but, contrary to what would be expected, it merely serves to strengthen national sentiments, divisions and animosities along ethnic lines, and leads to the new forms of societal inequalities that are closely connected to different forms of corruptions. (shrink)

Liberal thinkers of the eighteenth and nineteenth centuries were alert to the political costs and human cruelties involved in European colonialism, but they also thought that European expansion held out progressive possibilities. In Progress, Pluralism, and Politics David Williams examines the colonial and anti-colonial arguments of Adam Smith, Immanuel Kant, Jeremy Bentham, and L.T. Hobhouse. Williams locates their ambivalent attitude towards European conquest and colonial rule in a set of tensions between the impact of colonialism on European states, the (...) possibilities of progress in distant and diverse places, and the relationship between universalism and cultural pluralism. In so doing he reveals some of the central ambiguities that characterize the ways that liberal thought has dealt with the reality of an illiberal world. Of particular importance are appeals to various forms of universal history, attempts to mediate between the claims of identity and the reality of difference, and the different ways of thinking about the achievement of liberal goods in other places. Pointing to key elements in still ongoing debates within liberal states about how they should relate to illiberal places, Progress, Pluralism, and Politics enriches the discussion on political thought and the relationship between liberalism and colonialism. (shrink)

*[[This paper appears in _Toward a Science of Consciousness II: The Second Tucson Discussions and Debates_ (S. Hameroff, A. Kaszniak, and A.Scott, eds), published with MIT Press in 1998. It is a transcript of my talk at the second Tucson conference in April 1996, lightly edited to include the contents of overheads and to exclude some diversions with a consciousness meter. A more in-depth argument for some of the claims in this paper can be found in Chapter 6 of my (...) book _The Conscious Mind_ (Chalmers, 1996). ]]. (shrink)

Thus, Meyers provides a valuable account, not only of current medical attitudes, but also of relevant case and statute law as it stands at present.

Confronted with the apparent explanatory gap between physical processes and consciousness, there are many possible reactions. Some deny that any explanatory gap exists at all. Some hold that there is an explanatory gap for now, but that it will eventually be closed. Some hold that the explanatory gap corresponds to an ontological gap in nature.

David Charles presents a major new study of Aristotle's views on meaning, essence, necessity, and related topics. These interconnected views are central to Aristotle's metaphysics, philosophy of language, and philosophy of science, and are also highly relevant to current philosophical debates. Charles aims to reach a clear understanding of Aristotle's claims and arguments, to assess their truth, and to evaluate their importance to ancient and modern philosophy.

Against prevailing interpretations, this article contends that Plato's Sophist and Statesman accord the sophist a kind of ‘knowing-how’ (epistêmê). In Soph. 233c10‒d2, the Visitor and Theaetetus agree that the sophist has not truth but a δοξαστικὴ ἐπιστήμη. This phrase cannot mean ‘a seeming knowledge’, for –ικός adjectives formed from verbs express the ability to perform the action denoted by the verb—here, δοξάζω. Although not a first-order, subject-area knowledge, sophistry is a second-order knowledge of how to form and use judgements (doxai). (...) Other acknowledgements of the sophist's epistêmê and the ascription to him of τέχνη, ‘craft/expertise’, confirm that the Visitor's conclusion is not to be dismissed as irony. To critics who argue from the Gorgias and from other works that Plato must consider the Visitor's conclusion an error, the author replies: 1) other dialogues do not control the Visitor dialogues; 2) the Visitor does not validly demonstrate that the sophist lacks all knowledge; 3) by admitting sensibles into Being, the Visitor and Theaetetus allow the objects of epistêmê to include things in the embodied world, even likenesses. Non-philosophers’ epistêmê in the Visitor dialogues is not implicated in the difficulties that critics have raised about epistemology in the so-called Two Worlds dialogues. On this new ontology, even the sophist, if guided by philosophical rulers, can benefit citizens by employing his elenctic expertise as Socrates did, aiding their growth toward virtue. (shrink)

In Phenomenology and the Problem of History. David Carr examines the paradox involving Husserl's transcendental philosophy and his later historicist theory.

This Introduction introduces readers to the concepts of political philosophy: authority, democracy, freedom and its limits, justice, feminism, multiculturalism, and nationality. Accessibly written and assuming no previous knowledge of the subject, it encourages the reader to think clearly and critically about the leading political questions of our time. THe book first investigates how politcial philosophy tackles basic ethical questions such as 'how should we live together in society?' It furthermore looks at political authority, discusses the reasons society needs politics in (...) the first place, explores the limitations of politics, and asks if there are areas of life that shouldn't be governed by politics. Moreover, the book explores the connections between political authority and justice, a constant theme in political philosophy, and the ways in which social justice can be used to regulate rather than destroy a market economy. In his travels through this realm, Miller covers why nations ar the natural units of government and wonders if the rise of multiculturalism and transnational co-operation will change all this, and asks in the end if we will ever see the formation of a world government. (shrink)

A highly original history, tracing civil war, the least understood and most intractable form of organized human aggression, from Ancient Rome through the centuries to present day.

This paper explores a possible connection between Aristotle’s defence of rhetoric as an art and his claim that its three kinds, deliberative, forensic and epideictic, necessarily take place in sites where citizens appear to one another as citizens. The argument is that only in such sites, and hence only in poleis, can speakers and audiences distinguish the internal norms of this, and indeed any other, art from external effects that, although they may be called rhetorical, are not artful or technikos (...) on Aristotle’s definition. That in making this argument Plato serves as Aristotle’s foil is suggested by allusions in the Rhetoric and other Aristotelian treatises to specific passages in Phaedrus and Statesman. The paper concludes by claiming that conditions for practising the art of rhetoric in the strict sense are as civic now as they were in classical antiquity. The media in which the art is practised may have multiplied, but when its civic nature is grasped the kinds into which Aristotle divides it appear not to have changed as much as might be thought. (shrink)

Erster Teil Die übliche Auffassung von der Mathematik und ihre Widerlegung.- 1 Die Rolle von Anschauung und Erfahrung.- 2 Die Rolle der Voraussetzungen.- 3 Die Nichtuntrüglichkeit des mathematischen Schliessens.- Zweiter Teil Die landläufige Auffassung von der Physik und ihre Berichtigung.- 4 Physikalische Begriffsbildungen.- 5 Die Gesetze der Physik und ewige Naturgesetze.- 6 Die Beziehung zwischen Theorie und Experiment.- Dritter Teil Fragen philosophischen Charakters.- 7 Physikalische Gesetzlichkeit und Kausalität.- 8 Naturgeschehen und Wahrscheinlichkeit.- 9 Die Rolle von idealen Gebilden.

The article interprets the title figure of Sophocles’ Antigone as growing younger, more delicate, and more fragile with each successive scene of the play. It is as though she were living in the Age of Cronos as recounted in Plato’s Statesman. The article expands on the thesis developed in chapters 9-11 of my book The Tragic Absolute: German Idealism and the Languishing of God.