According to Aristotle, "to be learning something is the greatest of pleasures not only to the philosopher but also to the rest of mankind," (Poetics 1448b). But even as he affirms the unbounded human capacity for integrating new experience with existing knowledge, he alludes to a significant exception: "The sight of certain things gives us pain, but we enjoy looking at the most exact images of them, whether the forms of animals which we greatly despise or of corpses." Our capacity (...) for learning is happily engaged in viewing representations of painful objects, but not, it seems, in viewing the objects themselves. When an experience is intensely painful, what then is a rational animal to do? We can neither disable our learning process, nor erase its traces. In the face of intense pain, horror, or terror, learning and remembrance cause no pleasure but rather persistent psychological pain and disruption. The memorious mind reverberates with trauma. (shrink)

Principle 2 of the 2005 Mental Capacity Act (MCA) requires that decision-making capacity should be assumed, unless there is conclusive evidence, on a balance of probabilities, to the contrary (Department of Constitutional Affairs 2005). In his article “The Paradox of the Assessment of Capacity Under the Mental Capacity Act 2005,” Ajit Shah (2011) raises the concern that the new Deprivation of Liberty Safeguards (DOLS), introduced through the Mental Health Act (Department of Health 2007), conflict with this principle (henceforth, the principle (...) of presumed capacity) because, in practice, they will encourage the routine assessment of capacity even in the absence of any positive evidence of diminished capacity .. (shrink)

Pathological Altruism presents a number of new, thought-provoking theses that explore a range of hurtful effects of altruism and empathy.

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. (Article 1, Universal Declaration of Human Rights 1948) This resounding statement encapsulates a number of problematic themes for lawyers with respect to personality disorder, and acutely so for the extremes of personality disorder embraced by designations such as psychopathy or dangerous and severe personality disorder (DSPD). These designations are in themselves (...) contentious; they do not have commonly agreed definitions either across disciplines or across jurisdictions. Morse (2008), for example, argues in a fascinating account that .. (shrink)