The notion of “consent” is frequently referred to as “informed consent” to emphasise the informational component of a valid consent. This article considers aspects of that informational component. One misuse of the language of informed consent is highlighted. Attention is then directed to some features of the situation in which consent would not have been offered had certain information been disclosed. It is argued that whether or not such consent is treated as sufficiently informed must, from a moral point of (...) view, take account of four conditions. When these are applied to the operation of consent in relation to criminal responsibility for HIV transmission, the approach in some recent cases is shown to be morally questionable. (shrink)

Is it lawful for a doctor to give a patient life-shortening pain relief? Can treatment be lawfully provided to a child under 16 on the basis of her consent alone? Is it lawful to remove food and water provided by tube to a patient in a vegetative state? Is a woman's refusal of a caesarean section recommended for the benefit of the fetus legally decisive? These questions were central to the four focal cases revisited in this book. This book revisits (...) nine landmark cases. For each, a new leading judgment is attributed to an imagined judge, Athena, who operates within the constraints of the legal system of England and Wales. Her judgments accord with an innovative legal theory, referred to as 'modified law as integrity', and are linked as a line of precedent. The result is a re-spinning of extant judicial threads into a web of legal principles with a greater claim to coherence and defensibility than those in the original cases. The book will be of great interest to scholars and students of medical law, criminal law, bioethics, legal theory and moral philosophy. (shrink)

What role does reason play in determining what, if anything, is morally right? What role does morality play in law? Perhaps the most controversial answer to these fundamental questions is that reason supports a supreme principle of both morality and legality. The contributors to this book cast a fresh critical eye over the coherence of modern approaches to ethical rationalism within law, and reflect on the intellectual history on which it builds. The contributors then take the debate beyond the traditional (...) concerns of legal theory into areas such as the relationship between morality and international law, and the impact of ethically controversial medical innovations on legal understanding. (shrink)

Background No two countries have adopted identical regulatory measures on cloning. Understanding the complexity of these regulatory variations is essential. It highlights the challenges associated with the regulation of a controversial and rapidly evolving area of science and sheds light on a regulatory framework that can accommodate this reality. Methods Using the most reliable information available, we have performed a survey of the regulatory position of thirty countries around the world regarding the creation and use of cloned embryos (see Table (...) 1). We have relied on original and translated legislation, as well as published sources and personal communications. We have examined the regulation of both reproductive cloning (RC) and non-reproductive cloning (NRC). Results While most of the countries studied have enacted national legislation, the absence of legislation in seven of these countries should not be equated with the absence of regulation. Senator Morin was not correct in stating that the majority of recent legislation bans both RC and NRC. Recent regulatory moves are united only with regard to the banning of RC. While NRC is not permitted in seventeen of the countries examined, it could be permitted in up to thirteen countries. Conclusions There is little consensus on the various approaches to cloning laws and policies, and the regulatory position in many countries remains uncertain. (shrink)

This chapter examines the relationship between the values of researchResearch and privacy in the context of medical research on patient data. An analytical framework is developed by interpreting the conception of privacyPrivacy advanced in the jurisprudence of the European Court of Human RightsHuman rights by reference to the Principle of Generic ConsistencyPrinciple of Generic Consistency, seminally argued to be the supreme principle of moralityMoralityby Alan GewirthAlan Gewirth. This framework is used to uncloak the inequity of positions uncompromisingly prioritising research values (...) over privacy values or vice versa—research worship and consentConsent worship, respectively. We then apply this framework to three hypothetical studies to show how apparent conflicts between research and privacy values can be resolved. (shrink)

Using a longitudinal case study design, we have tracked the recovery of motor function following severe traumatic brain injury (TBI) through a multimodal neuroimaging approach. In 2006, Canadian Soldier Captain (retired) Trevor Greene (TG) was attacked with an axe to the head while on tour in Afghanistan. TG continues intensive daily rehabilitation, which recently included the integration of physical therapy (PT) with neuromodulation using translingual neurostimulation (TLNS) to facilitate neuroplasticity. Recent findings with PT+TLNS demonstrated that recovery of motor function occurred (...) beyond conventional time limits, currently extending past 14-years post-injury. To investigate whether PT+TLNS similarly resulted in associated cognitive function improvements, we examined event-related potentials (ERPs) with the brain vital signs framework. In parallel with motor function improvements, brain vital signs detected significant increases in basic attention (as measured by P300 response amplitude) and cognitive processing (as measured by contextual N400 response amplitude). These objective cognitive improvements corresponded with TG’s self-reported improvements, including a noteworthy and consistent reduction in ongoing symptoms of post-traumatic stress disorder (PTSD). The findings provide valuable insight into the potential importance of non-invasive neuromodulation in cognitive rehabilitation, in addition to initial indications for physical rehabilitation. (shrink)

We argue that theory-of-mind (ToM) approaches, such as “theory theory” and “simulation theory”, are both problematic and not needed. They account for neither our primary and pervasive way of engaging with others nor the true basis of our folk psychological understanding, even when narrowly construed. Developmental evidence shows that young infants are capable of grasping the purposeful intentions of others through the perception of bodily movements, gestures, facial expressions etc. Trevarthen’s notion of primary intersubjectivity can provide a theoretical framework for (...) understanding these capabilities and his notion of secondary intersubjectivity shows the importance of pragmatic contexts for infants starting around one year of age. The recent neuroscience of resonance systems (i.e., mirror neurons, shared representations) also supports this view. These ideas are worked out in the context of an embodied “Interaction Theory” of social cognition. Still, for more sophisticated intersubjective interactions in older children and adults, one might argue that some form of ToM is required. This thought is defused by appeal to narrative competency and the Narrative Practice Hypothesis (or NPH). We propose that repeated encounters with narratives of a distinctive kind is the normal route through which children acquire an understanding of the forms and norms that enable them to make sense of actions in terms of reasons. A potential objection to this hypothesis is that it presupposes ToM abilities. Interaction Theory is deployed once again to answer this by providing an alternative approach to understanding basic narrative competency and its development. (shrink)

The notion of an enactive system requires thinking about the brain in a way that is different from the standard computational-representational models. In evolutionary terms, the brain does what it does and is the way that it is, across some scale of variations, because it is part of a living body with hands that can reach and grasp in certain limited ways, eyes structured to focus, an autonomic system, an upright posture, etc. coping with specific kinds of environments, and with (...) other people. Changes to any of the bodily, environmental, or intersubjective conditions elicit responses from the system as a whole. On this view, rather than representing or computing information, the brain is better conceived as participating in the action. (shrink)

How we narrate our lives can affect us, for good or ill. Our narrative practices make an undeniable difference to our psychosocial well-being. All so-called "talking cures" – including traditional psychoanalytic and psychodynamic approaches to therapy and newer techniques – are motivated by this insight about the power of personal narratives. All therapies of the discursive ilk make use of narratives, in one way or another, as a means of enabling individuals to frame, or reframe, and to manage their life (...) circumstances in richer or new ways.Narrative Therapy, an important sub-class of talking therapies, breaks faith with more traditional psychodynamic approaches in adopting a... (shrink)

Advancing a radically enactive account of cognition, we provide arguments in favour of the possibility that cultural factors permeate rather than penetrate cognition, such that cognition extensively and transactionally incorporates cultural factors rather than there being any question of cultural factors having to break into the restricted confines of cognition. The paper reviews the limitations of two classical cognitivist, modularist accounts of cognition and a revisionary, new order variant of cognitivism – a Predictive Processing account of Cognition, or PPC. It (...) argues that the cognitivist interpretation of PPC is conservatively and problematically attached to the idea of inner models and stored knowledge. In abandoning that way of understanding PPC, it offers a radically enactive alternative account of how cultural factors matter to cognition – one that abandons all vestiges of the idea that cultural factors might contentfully communicate with basic forms of cognition. In place of that idea, the possibility that culture permeates cognition is promoted. (shrink)

Early humans formed language units consisting of global and discrete dimensions of semiosis in dynamic opposition, or ‘growth points.’ At some point, gestures gained the power to orchestrate actions, manual and vocal, with significances other than those of the actions themselves, giving rise to cognition framed in dual terms. However, our proposal emphasizes natural selection of joint gesture-speech, not ‘gesture-first’ in language origin.

In Political Theology the "Modern Way": The Case of Jacques Almain (d. 1515), Shaun Retallick provides the first monograph on this late medieval philosopher-theologian and conciliarist, and his thought. He demonstrates that Almain's political theology, of which ecclesiology is a sub-discipline, is strongly impacted by the Via moderna. At the heart of his political theology is the individual and his or her will. Yet, the individual is rarely viewed in isolation from others; there is a strong emphasis on community (...) and on the religious and secular bodies through which it is realized. But these bodies, including the Church, are understood in collectivist rather than corporatist terms, which tends to a quite radical form of conciliarism. (shrink)

Christopher Frith is a research professor at the Functional Imaging Laboratory of the Wellcome Department of Imaging Neuroscience at University College, London. He explores, experimentally, using the techniques of functional brain imaging, the relationship between human consciousness and the brain. His research focuses on questions pertaining to perception, attention, control of action, free will, and awareness of our own mental states and those of others. As the following discussion makes clear, Frith investigates brain systems involved in the choice of one (...) action over another and in the understanding of other people. Such investigations are aimed at understanding brain basis of autism and schizophrenia. In his widely cited study of schizophrenia, The Cognitive Neuropsychology of Schizophrenia , Frith argues that many of the positive symptoms of schizophrenia, such as delusions of control, auditory hallucinations, and thought insertion, involve problems of self-monitoring. Patients, in effect, lose track of their own intentions and mistakenly attribute agency for their own actions to someone else. Frith employs models of motor control, involving comparator mechanisms and efference copy, not only to explain delusions that involve movement, but also to develop a neurocognitive explanation of delusional cognition. (shrink)

Objective: Symptom improvement is often examined as an indicator of a good outcome of accessing mental health services. However, there is little evidence of whether symptom improvement is associated with other indicators of a good outcome, such as a mutual agreement to end treatment. The aim of this study was to examine whether young people accessing mental health services who meaningfully improved were more likely to mutually agree to end treatment.Methods: Multilevel multinomial regression analysis controlling for age, gender, ethnicity, and (...) referral source was conducted on N = 8,995 episodes of care [Female = 5,469, 61%; meanAge = 13.66 years] using anonymised administrative data from young people's mental health services.Results: Compared to young people with no change in mental health difficulties, those showing positive meaningful changes in mental health difficulties were less likely to have case closure due to non-mutual agreement. Similarly, they were less likely to transfer or end treatment for other reasons than by case closure due to mutual agreement.Conclusion: The findings suggest that young people accessing mental health services whose symptoms meaningfully improve are more likely to mutually agree to end treatment, adding to the evidence that symptom improvement may be appropriate to examine as an indicator of a good outcome of accessing mental health services. (shrink)

In accord with social neuroscience's progression to include interactive experimental paradigms, parents' brains have been activated by emotionally charged infant stimuli including baby cry and picture. More recent research includes the use of brief video clips and opportunities for maternal response. Among brain systems important to parenting are those involved in empathy. This research may inform recent studies of decreased societal empathy, offer mechanisms and solutions.

Critically significant parental effects in behavioral genetics may be partly understood as a consequence of maternal brain structure and function of caregiving systems recently studied in humans as well as rodents. Key parental brain areas regulate emotions, motivation/reward, and decision making, as well as more complex social-cognitive circuits. Additional key environmental factors must include socioeconomic status and paternal brain physiology. These have implications for developmental and evolutionary biology as well as public policy.

From the first time I encountered the problem of free will in college, it struck me that a clear-eyed view of free will and moral responsibility demanded some form of nihilism. Libertarianism seemed delusional, and compatibilism seemed in bad faith. Hence I threw my lot in with philosophers like Paul d’Holbach, Galen Strawson, and Derk Pereboom who conclude that no one is truly moral responsible. But after two decades of self- identifying as a nihilist, it occurred to me that I (...) had continued to treat my friends. (shrink)

Recently, Rueger and Sharp (1996) and Koperski (1998) have been concerned to show that certain procedural accounts of model confirmation are compromised by non-linear dynamics. We suggest that the issues raised are better approached by considering whether chaotic data analysis methods allow for reliable inference from data. We provide a framework and an example of this approach.

Iteration presents opposing puzzles for a theory of the imagination. The first puzzle, noted by David Lewis, is that when a person pretends to pretend, the iteration is often preserved. Let’s call this the puzzle of ‘pre- served iteration’. At the other pole, Gregory Currie has noted that very often when we pretend to pretend, the iteration does collapse. We might call this the puzzle of ‘collapsed iteration’. Somehow a theory of the imagination must be able to address these two (...) puzzles. I argue that an empirically inspired cognitive theory of the imagination (Nichols & Stich 2000) can accommodate both puzzles. (shrink)

I am most grateful to James Blair and Justin D’Arms for commenting on my work. I would be hard put to name two other moral psychologists whose reactions I’d be so keen to hear. There is a striking asymmetry in their commentaries. Blair prefers a minimalist story about moral judgment, maintaining that the appeal to rules is unnecessary. D’Arms, by contrast, maintains that the account I offer is overly simple and that children lack moral concepts despite their partial facility with (...) moral language. It is tempting to treat my account as achieving the golden mean between Blair’s austerity and D’Arms’ extravagance. But it would be unfair to both. Blair is attracted to the sparse account for empirical reasons, and D’Arms is attracted to a richer account for philosophical reasons. Nonetheless, I still think that the account I offer is preferable to Blair’s minimalism and to D’Arms neosentimentalism. Rather than give a point-by-point reply, which would likely be tedious, I’ll try to say why I think that my account is still more plausible than the alternatives proffered by Blair and D’Arms. (shrink)

We argue that Dienes & Perner's (D&P's) proposal needs to specify independent criteria when a subject explicitly represents factuality. This task is complicated by the fact that people typically “tacitly” believe that each of their beliefs is a fact. This problem does not arise for comparative evidence on monkeys, for they presumably lack the capacity to represent factuality explicitly. D&P suggest that explicit visual processing and declarative memory depend on explicit representations of factuality, whereas the analogous implicit processes do not (...) require such representations. Many of the implicit/explicit findings are also found in monkeys, however, and D&P's account needs to explain this striking parallel. (shrink)

Que signifie le fait d’avoir le statut de personne morale, c’est-à-dire d’avoir la capacité de responsabilité morale? Dans un important essai sur la question, Dennett a proposé six conditions qui définissent ce concept. Premièrement, l’entité à laquelle nous attribuerions le statut de personne morale doit être douée de rationalité. Deuxièmement, elle doit être capable d’adopter la position intentionnelle — c’est-à-dire qu’elle doit être capable d’attribuer des intentions aux autres. Troisièmement, elle doit pouvoir être l’objet d’une certaine attitude. Quatrièmement, elle doit (...) être capable de réciprocité de manière à pouvoir répondre à cette attitude. Cinquièmement, elle doit être capable de communiquer avec les autres. Les troisième, quatrième et cinquième conditions, de façon explicite et significative, impliquent des dimensions sociales, bien que, pour Dennett, la nature précise de ces dimensions sociales demeure une question encore ouverte. Enfin, ces cinq premières conditions sont nécessaires pour la sixième : l’entité doit être capable de conscience de soi. La conscience de soi est comprise ici comme étant un processus mental d’un ordre supérieur, dont, ainsi que le suggèrent Dennett et d’autres, les jeunes enfants sont incapables. Bien plus, dans une variété d’autres contextes, Dennett. (shrink)

In recent years there has been some hard-won but still limited agreement that phenomenology may be of central importance to the cognitive sciences. This realization comes in the wake of dismissive gestures made by philosophers of mind like Dennett (1991), who mistakenly associates phenomenological method with the worst forms of introspection. For very different reasons, resistance can also be found on the phenomenological side of this issue. There are many thinkers well versed in the Husserlian tradition who do not even (...) want to consider the usefulness of phenomenology for enlightening the sciences of the mind. For them cognitive science is simply too computational or too reductionistic to be seriously considered as capable of explaining experience or consciousness. [1] This is surprising in light of the fact that a highly respected phenomenologist like Merleau-Ponty was integrating phenomenological analyses with considerations drawn from the empirical sciences of psychology and neurology long before cognitive science was constructed as a framework to include just those aspects of psychology and neurology that focus on cognitive experience. Merleau-Ponty aside, philosophers on both sides of this issue have only gradually come to acknowledge the possibility that phenomenology may be directly relevant for a scientific understanding of cognition. Sometimes the empirical scientists themselves have arrived at this conclusion even before, and in spite of the philosophers. Francisco Varela's work on neurophenomenology provides an important example (Varela, 1996). Even the hardest of hard scientists have made peace offerings to phenomenology. Recently, for example, the neuroscientist Jean-Pierre Changeux declares that his purpose "is not to go to war against phenomenology; to the contrary, [he wants] to see what constructive contribution it can make to our knowledge of the psyche, acting in concert with the neurosciences" (Changeux and Ricoeur, 2000, p. 85). (shrink)

In a New York Times article last month, entitled Cells that read minds, the neuroscience reporter, Sandra Blakeslee (January 10, 2006) provided a list of all the things that mirror neurons can explain. As we know, mirror neurons, discovered by Rizzolattis group in Parma, are neurons that are activated when we engage in action, and when we perceive intentional movement in another person. According to Blakeslee and the scientists she interviewed, mirror neurons explain not only how we are capable of (...) understanding another persons actions, but also language, empathy, how children learn, why people respond to certain types of sports, dance, music and art, why watching media violence may be harmful and why many men like pornography. Let me set aside the controversial questions about whether mirror neurons can explain all of these things, and accept that mirror neurons are clearly smart little cells. But let me ask whether Blakeslee and her scientists are expressing things in the right way. (shrink)

Ceux qui affirment que le libre arbitre est une illusion n’ont pas raison. Ils fondent leur affirmation sur une preuve scientifique établie à un niveau impropre de description de l’activité intentionnelle. Le libre arbitre ne s’exerce pas sur les processus neuronaux sub-personnels, l’activation musculaire ou les mouvements élémentaires du corps, mais sur des activités contextualisées au sein d’un système qui est nettement plus grand que ne le pensent bon nombre de philosophes de l’esprit, de psychologues et de neuroscientifiques contemporains. Dan (...) cet article, je décrit ce genre d’intentionnalité qui va avec l’exercice du libre arbitre. (shrink)

La philosophie expérimentale est un mouvement récent qui tente de faire progresser certains débats philosophiques grâce à l'utilisation de méthodes expérimentales. À la différence de la philosophie conventionnelle qui privilégie l'analyse conceptuelle ou la spéculation, la philosophie expérimentale préconise le recours aux études empiriques pour mieux comprendre les concepts philosophiques. Apparue il y a une dizaine d'années dans les pays anglo-saxons, cette approche constitue actuellement l'une des branches les plus dynamiques de la philosophie contemporaine. -/- L'objectif de cet ouvrage est (...) d'offrir un contact direct avec les travaux les plus connus et les plus discutés des philosophes expérimentaux. Il regroupe ainsi dix textes représentatifs de ce domaine jeune, mais déjà florissant, et couvre une large partie du champ philosophique contemporain (philosophie du langage, théorie de la connaissance, conscience, théorie de l'action, éthique et philosophie des sciences). (shrink)

This book explores the philosophical and scientific arguments for free will skepticism and their implications. Skepticism about free will and moral responsibility has been on the rise in recent years. In fact, a significant number of philosophers, psychologists, and neuroscientists now either doubt or outright deny the existence of free will and/or moral responsibility—and the list of prominent skeptics appears to grow by the day. Given the profound importance that the concepts of free will and moral responsibility play in our (...) lives—in understanding ourselves, society, and the law—it is important that we explore what is behind this new wave of skepticism. It is also important that we explore the potential consequences of skepticism for ourselves and society. This edited collection of new essays brings together an internationally recognized line-up of contributors, most of whom hold skeptical positions of some sort, to display and explore the leading arguments for free will skepticism and to debate their implications. It includes original contributions by Derk Pereboom, Galen Strawson, Ted Honderich, Bruce Waller, Neil Levy, Saul Smilansky, Thomas Nadelhoffer and Daniela Goya Tocchetto, Benjamin Vilhauer, Susan Blackmore, Manuel Vargas, Shaun Nichols, John-Dylan Haynes and Michael Pauen, Thomas Clark, Mark Hallett, Susan Pockett, and Maureen Sie. (shrink)

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an (...) alternative reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

This paper presents existing results and experimental evidence in social psychology to argue against the compatibilist thesis that our folk-psychological notions of freedom and moral responsibility are completely consistent with the acceptance of determinism. In section 1, I spell out the compatibilist position and briefly discuss the standard incompatibilist argument-the so-called consequence argument. In section 2, I take a closer look at the folk psychology of free will and argue that, contra the compatibilist, recent empirical research by Shaun Nichols, (...) Joshua Knobe and others, reveals that our folk-psychological intuitions are essentially incompatibilist and libertarian in nature. I conclude in section 3 by examining the phenomenology of agentive experience and argue that it further undermines the compatibilist thesis. (shrink)