A prominent but poorly understood domain of human agency is mental action, i.e., thecapacity for reaching specific desirable mental statesthrough an appropriate monitoring of one's own mentalprocesses. The present paper aims to define mentalacts, and to defend their explanatory role againsttwo objections. One is Gilbert Ryle's contention thatpostulating mental acts leads to an infinite regress.The other is a different although related difficulty,here called the access puzzle: How can the mindalready know how to act in order to reach (...) somepredefined result? A crucial element in the solutionof these puzzles consists in making explicit thecontingency between mental acts and mentaloperations, parallel to the contingency betweenphysical acts and bodily movements. The paper finallydiscusses the kind of reflexivity at stake in mentalacts; it is shown that the capacity to refer tooneself is not a necessary condition of the successfulexecution of mental acts. (shrink)
ACT, CONTENT, AND OBJECT THE TITLE I have chosen for this work is a mere label for a set of problems; the controversial views that have historically been ...
The Deprivation of Liberty Safeguards (DOLS) were recently introduced into the Mental Capacity Act (MCA) via an amendment to mental health legislation in England and Wales. As Shah (2011) discusses, the rationale behind creating these protocols was to close what is commonly referred to as the ‘Bournewood gap’; a legislative loophole that allowed a severely autistic man (H.L.) who did not initially dissent to admission to be detained in a hospital and deprived of his liberty in his ‘best (...) interests’ as judged by his clinical team. Before the implementation of the DOLS, patients who lacked the capacity to consent to admission or treatment but who were nonetheless compliant could be admitted informally and treated as .. (shrink)
The mental capacity Act 2005 (MCA; Department of Constitutional Affairs 2005) was partially implemented on April 1, 2007, and fully implemented on October 1, 2007, in England and Wales. The MCA provides a statutory framework for people who lack decision-making capacity (DMC) or who have capacity and want to plan for the future when they may lack DMC. Health care and social care providers need to be familiar with the MCA and the associated legal structures and processes. The MCA (...) is supported by a Code of Practice (Department of Constitutional Affairs 2007), which was developed after extensive consultation and includes case examples. Those involved in the assessment of DMC and the application of the MCA should .. (shrink)
This paper considers concerns that social care research may be stifled by health-focused ethical scrutiny under the Mental Capacity Act 2005 and the requirement for an ?appropriate body? to determine ethical approval for research involving people who are deemed to lack capacity under the Act to make decisions concerning their participation and consent in research. The current study comprised an online survey of current practice in university research ethics committees (URECs), and explored through semi-structured interviews the views of social (...) researchers engaged in or exploring work concerning people who may, under the Act, lack the capacity to make decisions to consent to participate in a research programme. The paper concludes that there was a lack of overt knowledge of and reference to the implications of the Act for research and some concerns that a restrictive focus on health-related scrutiny might prevent social care research from taking place. There was also a degree of creativity shown by social care researchers in responding to changing demands and a wish to assist people in making decisions to participate where possible. (shrink)
I examine Galen Strawson's recent work on mental action in his paper, 'Mental Ballistics or The Involuntariness of Spontaneity'. I argue that his account of mental action is too restrictive. I offer a means of testing tokens of mental activity types to determine if they are actional. The upshot is that a good deal more mental activity than Strawson admits is actional.
It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision on their (...) behalf). -/- To what extent does having capacity require the endorsement of certain values? Drawing on Owens et al (2009), I assess the extent to which understanding relevant information and weighing it in coming to a decision requires certain evaluative commitments. With reference to literature on anorexia nervosa and decisions informed by religious beliefs, I argue that it is difficult to avoid the conclusion that the conditions for capacity are value-laden, and that if this is so it is important to open discussion about which patterns of distorted valuing undermine capacity, and why. (shrink)
One kind of philosopher takes it as a working hypothesis that belief/desire psychology (or, anyhow, some variety of prepositional attitude psychology) is ...
Originally motivated by a sophism, Pardo's discussion about the unity of mental propositions allows him to elaborate on his ideas about the nature of propositions. His option for a non-composite character of mental propositions is grounded in an original view about syncategorems: propositions have a syncategorematic signification, which allows them to signify aliquid aliqualiter, just by virtue of the mental copula, without the need of any added categorematic element. Pardo's general claim about the simplicity of mental (...) propositions is developed into several specific thesis about mental propositions: a) it is not judgement which gives its unity to mental propositions, but judicative acts always follow some previous apprehensive act that is simple in its own right; b) this simplicity is compatible with a certain kind of complexity, that can be explained in terms of the "causal history" of the acts of knowing; c) traditional conceptions about subject and predicate must be recast, while keeping their usual explicative power concerning logical properties; d) of course, the traditional conception about the copula has been modified, giving rise to a fully innovative conception of the nature of mental propositions. Nevertheless, this innovative conception of mental language seems still infected by certain "common sense" prejudices, which lead Pardo to propose also a provocative conception of vocal language, which I consider unnecessary. (shrink)
In this study I am going to present and discuss some of the central themes of Gustav Bergmann's theory of perception. I shall be concerned, however, only with "later Bergmann," that is, with the perceptual theory worked out in a series of essays in which Bergmann shifts from phenomenalism to a form of intentional realism. This label ("intentional realism") indicates the two dominant themes in Bergmann's later thought about perception: perceivings are analyzed as mental acts (thoughts) which are intentionally (...) related to real and mind-independent objects and states of affairs. In a timely essay, " Intentionality" (1955) Bergmann presented an impressive defense of mental acts, and although the framework of that essay was still phenomenalistic, the structural analysis of mental acts and their intentionality presented there has not been significantly altered by Bergmann in later writings. In two subsequent essays, "Acts" (1960) and "Realistic Postscript" (1963) his realistic turn was worked out in detail in the context of giving a satisfactory account of ordinary perceptual experience. These three essays will comprise the core texts of the study that follows. (shrink)
Logic and psychology overlap in judgment, inference and proof. The problems raised by this commonality are notoriously difficult, both from a historical and from a philosophical point of view. Sundholm has for a long time addressed these issues. His beautiful piece of work [A Century of Inference: 1837-1936] begins by summarizing the main difficulty in the usual provocative manner of the author: one can start, he says, by the act of knowledge to go to the object, as the Idealist does; (...) one can also start by the object to go to the act, in the Realist mood; never the two shall meet. He is himself inclined to accept the first perspective as the right one and he has eventually developed an original version of antirealism which starts, not from considerations about the publicity of meaning, in the manner of Dummett, but from an epistemic standpoint, trying to search in a non-Fregean tradition of analysis of judgement and cognate notions a way of founding constructivist semantics. The present paper ploughes the same field. We concentrate on the significance, for Sundholm’s program, of the perspective that has been opened by Twardowski in his important essay on acts and products (1912. (shrink)
The Mental Capacity Bill endangers the vulnerable by inviting human rights abuse. It is perhaps these grave deficiencies that prompted the warnings of the 23rd Report of the Joint Committee on Human Rights highlighting the failure of the legislation to supply adequate safeguards against Articles 2, 3 and 8 incompatibilities. Further, the fact that it is the mentally incapacitated as a class that are thought ripe for these and other kinds of intervention, highlights the Article 14 discrimination inherent in (...) this and related legislation. The financial, medical and research interests that underpin the legislation highlight how the legilsation endangers the ulnerable. It appears to be both a responsibility shifting exercise. Most alarmingly of all, efforts to permit non-therapeutic research on the non-consenting vulnerable as well as sterilisation and abortion on those who do not consent suggest that the legislation heralds a new era o gross human rights abuse in instutions around the UK. (shrink)
This chapter examines whether, and in what sense, one can speak of agentive mental events. An adequate characterization of mental acts should respond to three main worries. First, mental acts cannot have pre-specified goal contents. For example, one cannot prespecify the content of a judgment or of a deliberation. Second, mental acts seem to depend crucially on receptive attitudes. Third, it does not seem that intentions play any role in mental actions. Given these three constraints, (...)mental and bodily actions appear to have a significantly different structure. A careful analysis of the role of normative requirements, distinguishing them from instrumental reasons, allows the distinction between mental and bodily forms of action to be clarified. Two kinds of motives must be present for a mental act to develop. The first kind is instrumental: a mental act is performed because of some basic informational need, such as the need to "remember the name of that play". The second kind is normative: given the specific type of mental action performed, there is a specific epistemic norm relevant to that act (such as truth, coherence, fluency, or consensus). These two motives actually correspond to different phases of a single mental act. The first motivates the mental act, i.e. makes salient the corresponding goal. The second offers an evaluation of the feasibility of the act, on the basis of its constitutive normative requirement(s). Conceived in this way, a characterization of mental acts avoids the three difficulties mentioned above. The possibility of pre-specifying the outcome of epistemic mental acts is blocked by the fact that such acts are constituted by strict normative requirements. That mental acts include receptive features is shown to be a necessary architectural constraint for mental agents to be sensitive to epistemic requirements (through emotional feelings and other normatively relevant attitudes). Finally, the phenomenology of intending is shown to be absent in most mental acts; the motivational structure of mental acts is, rather, associated with error- signals and self-directed doubtings. Mental acts need to be recognized as a natural kind of action meant to normatively control and enhance cognitive efficiency according to current processing needs. (shrink)
Peter Hanks and Scott Soames have recently developed similar views of propositional attitudes on which they consist at least partly of being disposed to perform mental acts. Both think that to believe a proposition is at least partly to be disposed to perform the primitive propositional act: one the performance of which is part of the performance of any other propositional act. However, they differ over whether the primitive act is the forceless entertaining or the forceful judging. In this (...) paper I argue that Soames’s “forceless” approach has an advantage over Hanks’s “forceful” approach which faces a serious problem. (shrink)
This paper develops an account of consciousness in action. Both consciousness and action are related to knowledge. A voluntary action is defined as a volition, or something intentionally effected by means of such volitions. Volitions are conscious mental acts whose proper function is to make their content true. A mental act is the exercise of a power of mind and a conscious mental act is identical with knowledge of its own phenomenal character. This set of definitions elucidates (...) the relations between consciousness, action and knowledge. (shrink)
We falter and stammer when trying to describe our own mental acts. Many mental acts, including thinking, are what the author calls ‘chain-undertakings’, that is, courses of action with some over-arching purpose governing the moment-by-moment sub-acts of which we are introspectively aware. Hence the intermittency and sporadicness of the passage of mental activity which constitutes thinking about something.
: Hume's account of the virtue of fidelity to promises contains two surprising claims: 1) Any analysis of fidelity that treats it as a natural (nonconventional) virtue is incorrect because it entails that in promising we perform a "peculiar act of the mind," an act of creating obligation by willing oneself to be obligated. No such act is possible. 2) Though the obligation of promises depends upon social convention, not on such a mental act, we nonetheless "feign" that whenever (...) someone promises he performs such an act. This paper explains both in light of the philosophical questions about promising that lie behind Hume's investigation, his virtue theory, and the general difficulties he believes we face trying to understand virtues that are in fact artificial in terms of our common-sense, natural conception of virtue. It extracts a lesson for contemporary virtue ethics about the motive of duty. (shrink)
ACT, CONTENT, AND OBJECT THE TITLE I have chosen for this work is a mere label for a set of problems; the controversial views that have historically been ...
Concerns about ‘mental causation’ are concerns about how it is possible for mental states to cause anything to happen. How does what we believe, want, see, feel, hope, or dread manage to cause us to act? Certain positions on the mind-body problem—including some forms of physicalism—make such causation look highly problematic. This entry sketches several of the main reasons to worry, and raises some questions for further investigation.
My aim is twofold: first, to root out the metaphysical assumptions that generate the problem of mental causation and to show that they preclude its solution; second, to dissolve the problem of mental causation by motivating rejection of one of the metaphysical assumptions that give rise to it. There are three features of this metaphysical background picture that are important for our purposes. The first concerns the nature of reality: all reality depends on physical reality, where physical reality (...) consists of a network of events.1 The second concerns the nature of causation, and the third concerns the conception of behavior. I try to vindicate a robust idea of mental causation. (shrink)
The standard paradigm for mental causation is a person’s acting for a reason. Something happens - she intentionally φ’s - the occurrence of which we explain by citing a relevant belief or desire. In the present context, I simply take for granted the following two conditions on the appropriateness of this explanation. First, the agent φ’s _because_ she believes/desires what we say she does, where this is expressive of a _causal_ dependence.1 Second, her believing/desiring this gives her a _reason_ (...) for φ-ing: recognizing that she has this belief/desire makes her φ-ing intelligible as rational in the light of her other attitudes and circumstances. A further condition must be met, though, if this is to be a genuine psychological explanation, a case of her acting _for_ the reason in question. Consider the following example of Davidson’s (1973, p. 79). An exhausted climber is desperate to rid herself of the weight and danger of holding her partner on a rope; and her sudden realization that simply letting go would achieve this so unnerves her that her grip loosens slightly and he falls. Her releasing him causally depends upon her having this belief and desire, which provide _a_ reason for doing what she does. But this is not _why_ she does it: it would be at best misleading to say that she dropped him, intentionally, because she was fed up with holding his weight, or because she thought that she might otherwise fall. Her letting go does not depend upon her having these reasons in the right way. The reason-giving relation is causally irrelevant. If we are to explain a person’s acting _for_ a reason, then her doing. (shrink)
I. the view that reasons cannot be causes. II. the view that the explanatory relevance of psychological states such as beliefs and intentions derives from their content, their explanatory role is not causal and we thus have no good reason to ascribe causal power to them. III. the idea that if the mental supervenes on the physical, then what really explains our actions is the physical properties determining our propositional attitudes, and not those attitudes themselves. IV. the thesis that (...) since there are no laws linking (intentional) mental states to actions, those states cannot be genuine causes of action. (shrink)
This essay argues that non-linguistic animals qualify not just for externalist notions of rationality (maximizing biological fitness or utility), but also for internal ones. They can act for reasons in several senses: their behaviour is subject to intentional explanations, they can act in the light of reasons - provided that the latter are conceived as objective facts rather than subjective mental states - and they can deliberate. Finally, even if they could not, it would still be misguided to maintain (...) that animals are capable only of (mechanical) behaviour, not of (intentional) action. (shrink)
Everyday moral thought uses the concepts of virtue and vice at two different levels. At what I will call a global level it applies these concepts to persons or to stable character traits or dispositions. Thus we may say that a person is brave or has a standing trait of generosity or malice. But we also apply these concepts more locally, to specific acts or mental states such as occurrent desires or feelings. Thus we may say that a particular (...) act was brave or that a desire or pleasure felt at a particular moment was malicious. Even when they concern acts, these last judgements are of virtuousness rather than of moral rightness. They therefore turn essentially on a person’s motives; while he can act rightly from a bad motive, he cannot act virtuously from a bad motive. But they assess the virtue or vice of particular acts and mental states rather than of persons or traits of character. These global and local uses of the virtue-concepts are clearly connected, in that we expect virtuous persons to perform and have, and virtuous traits to issue in, particular virtuous acts, desires, and feelings. A philosophical account of virtue should explain this connection, but there are two different ways of doing so. Each takes one of the two uses to be primary and treats the other as derivative, but they disagree about which is the primary use. A dispositional view takes the global use to be primary and identifies virtuous acts, desires, and feelings in part as ones that issue from virtuous.. (shrink)
In view of the publication of the DSM-V researchers were asked to discuss the theoretical implications of the definition of mental disorders. The reasons for the use, in the DSM-III, of the term disorder instead of disease are considered. The analysis of these reasons clarifies the distinction between the general definition of disorder and its implicit, technical meaning which arises from concrete use in DSM disorders. The characteristics and limits of this technical meaning are discussed and contrasted to alternative (...) definitions, like Wakefield’s harmful/dysfunction analysis. It is shown that Wakefield’s analysis faces internal theoretical problems in addition to practical limits for its acceptance in the DSM-V. In particular, it is shown that: a) the term dysfunction is not purely factual but intrinsically normative/evaluative; b) it is difficult to clarify what dysfunctions are in the psychiatric context (the dysfunctional mechanism involved being unknown in most cases and the use of evolutionary theory being even more problematic); c) the use of conceptual analysis and commonsense intuition to define dysfunctions leaves unsatisfied empiricists; d) it is unlikely that the authors of the DSM-V will accept Wakefield’s suggestion to revise the diagnostic criteria of any single DSM disorder in accordance with his analysis, because this is an excessively extensive change and also because this would probably reduce DSM reliability. In conclusion, it is pointed up in which sense DSM mental disorders have to be conceived as constructs, and that this undermines the realistic search for a clear-cut demarcation criterion between what is disorder and what is not. (shrink)
This paper discusses the issues of deciding to have a child with mental retardation, and of terminating a pregnancy when the future child is known to have the same disability. I discuss these problems by criticizing a utilitarian argument, namely, that one should act in a way that results in less suffering and less limited opportunity in the world. My argument is that future parents ought to assume a strong responsibility towards the well-being of their prospective children when they (...) decide to reproduce. The moral point in cases in which our acts affect the well-being of future children should be expressed strictly in terms of parents' culpability. Future children thus do not have current moral standing but presently living persons have current obligations to consider the presumable effects of their actions on future people. I will also argue that there are morally significant differences between 'selective contraception' and selective abortion. (shrink)
This article critiques recent UK transgender law reform. The Gender Recognition Act 2004 is to be welcomed in many respects. Formerly one of the European states most resistant to social change in this area, the UK now occupies pole position among progressive states willing to legally recognise the sex claims of transgender people. This is because the UK is, at least ostensibly, the first state to recognise sex claims irrespective of whether applicants have undertaken any surgical procedures or had hormonal (...) treatments. The article highlights the significance of this development through providing an overview of the trajectory of common law reform around the world. The legislation clearly benefits transgender people unable to undertake surgery due to financial reasons and/or medical contra-indications. It also benefits transgender people whose search for harmony does not require surgical intervention. However, the Act also perpetuates a mental illness model for understanding transgender desires; contributes to the break-up of legally recognised marriages; insists on the permanence of gender crossings and assumes that surgery will occur. The Act also contains exceptions to the generality of legal recognition provided by the state. In this respect the article considers concessions to religious and sporting lobbies. Finally, the article highlights how non-disclosure of gender history prior to a marriage assumes a kind of legal significance under the Act which non-disclosure of other facts generally lacks in relation to marriage. In this regard, the article will contend that a biological understanding of sex operates as a subtext within the Act. (shrink)
As this passage from a recent book on the psychology of decision-making indicates, deciding seems to be part of our daily lives. But what is it to decide to do something? It may be true, as some philosophers have claimed, that to decide to A is to perform a mental action of a certain kind – specifically, an action of forming an intention to A. (Henceforth, the verb ‘form’ in this context is to be understood as an action verb.) (...) Even if this is so, we are faced with pressing questions. Do we form all of our intentions? If not, how does forming an intention differ from other ways of acquiring one? Do we ever, in fact, form intentions, or do we rather merely acquire them in something like the way we acquire beliefs or desires? These are some of the questions that will occupy me here. My aim is to clarify the nature of deciding to act and to make a case for the occurrence of genuine acts of intention formation. (shrink)
The notion of capacity implicit in the Mental Capacity Act is subject to a tension between two claims. On the one hand, capacity is assessed relative to a particular decision. It is the capacity to make one kind of judgement, specifically, rather than another. So one can have capacity in one area and not have it in another. On the other hand, capacity is supposed to be independent of the ‘wisdom’ or otherwise of the decision made. (‘A person is (...) not to be treated as unable to make a decision merely because he makes an unwise decision.’ Department of Constitutional Affairs 2005, section 1). One may have capacity even if the decision one arrives at is seen as unwise by one’s doctor. In this short note, I explore this .. (shrink)
In this Introduction, I situate the underlying project “Autonomy and Mental Disorder” with reference to current debates on autonomy in moral and political philosophy, and the philosophy of action. I then offer an overview of the individual contributions. More specifically, I begin by identifying three points of convergence in the debates at issue, stating that autonomy is: 1) a fundamentally liberal concept; 2) an agency concept and; 3) incompatible with (severe) mental disorder. Next, I explore, in the context (...) of decisional capacity assessments, the difficulties to reconcile 1) and 2) with 3) which they at the same time seem to imply. Having clarified the centrality of a cogent notion of mental disorder for addressing these difficulties, I comment on three promising lines of inquiry about the nature and scope of autonomy that emerge from the following chapters. (shrink)
The 1990 Americans with Disabilities Act enacted a conceptual shift in the meaning of ‘disability.’ Rather than defining ‘disability’ as a disadvantageous physical or mental deficit of persons, it codifies the understanding of ‘disability’ as a defective state of society which disadvantages these persons. In contrast, the standard medical model incorrectly conceptualizes disabled persons as biologically inferior, and thus confines them to the role of recipients of benevolence or care. Turning to an ethic of caring yields counter-intuitive results that (...) conflict with the conceptual apparatus of the ADA. It is argued that in order to liberate social thought from this medical model and thus move the disabled from being socially marginalized to being socially enabled, one must re-conceptualize current practice by adopting the ADA's conceptual framework. Keywords: caring, disability, equality, ethics, health care polic CiteULike Connotea Del.icio.us What's this? (shrink)
This article argues in support of the proposition that “A Personality Disorder May Nullify Responsibility for a Criminal Act.” Building upon research in categorical and dimensional controversies in diagnosis, neurocognitive science and the behavioral genetics of mental disorders, and difficulties in differential diagnosis and co-morbidity with personality disorders, this article holds that a per se rule barring personality diagnosis as a basis for a defense of legal insanity is scientifically and conceptually indefensible. Rather, focus should be upon the severity (...) and impact in specific cases of any legally relevant functional deficits arising from a mental disorder (including personality disorders). Failure to do so risks potentially misleading “battles of the experts” about a defendant's diagnosis in criminal responsibility defenses and improper usurpation of the role of the legal finder of fact as mental health expert witnesses are inserted as gatekeepers indefensibly based upon diagnosis. Implications for practice and public policy are considered, including a “modest proposal” for post-trial management of defendants found not guilty by reason of insanity on the basis of functional deficits arising from personality disorder. (shrink)
The anthropological approach to mental competence is very interesting. I shall reason that the issue of mental competence and the determination best interests in the decision making process has been integrated together in this anthropological approach. I use the relatively recent Mental Capacity Act 2005 (MCA) for England and Wales (Department of Constitutional Affairs 2005) to illustrate this line of reasoning. I have deliberately chosen the phrase decision-making capacity (DMC) in this commentary to separate it from the (...) concept of determination of best interests. I am writing from the perspective of an old-age psychiatrist who frequently has to assess DMC and make decisions on behalf of those who lack .. (shrink)
