Search results for 'Mental Competency' (try it on Scholar)

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  1. Michael Cholbi (2005). Cruelty, Competency, and Contemporary Abolitionism. In A. Sarat (ed.), Studies in Law, Politics, and Society. 123-140.score: 100.0
    After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.
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  2. Laura Klaming & Pim Haselager (2013). Did My Brain Implant Make Me Do It? Questions Raised by DBS Regarding Psychological Continuity, Responsibility for Action and Mental Competence. Neuroethics 6 (3):527-539.score: 96.0
    Deep brain stimulation (DBS) is a well-accepted treatment for movement disorders and is currently explored as a treatment option for various neurological and psychiatric disorders. Several case studies suggest that DBS may, in some patients, influence mental states critical to personality to such an extent that it affects an individual’s personal identity, i.e. the experience of psychological continuity, of persisting through time as the same person. Without questioning the usefulness of DBS as a treatment option for various serious and (...)
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  3. Christopher Ryan (2011). One Flu Over The Cuckoo's Nest: Comparing Legislated Coercive Treatment for Mental Illness with That for Other Illness. [REVIEW] Journal of Bioethical Inquiry 8 (1):87-93.score: 96.0
    Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and treatment of people with mental illnesses if they are deemed likely to harm themselves or others. Numerous authors have argued that legislated powers to impose coercive treatment in psychiatric illness should pivot on the presence or absence of capacity not likely harm, but no Australian act uses this criterion. In this paper, I add a novel element to these arguments by comparing (...)
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  4. M. Strätling, V. E. Scharf & P. Schmucker (2004). Mental Competence and Surrogate Decision-Making Towards the End of Life. Medicine, Health Care and Philosophy 7 (2):209-215.score: 96.0
    German legislation demands that decisions about the treatment of mentally incompetent patients require an ‘informed consent’. If this was not given by the patient him-/herself before he/she became incompetent, it has to be sought by the physician from a guardian, who has to be formally legitimized before. Additionally this surrogate has to seek the permission of a Court of Guardianship (Vormundschaftsgericht), if he/she intends to consent to interventions, which pose significant risks to the health or the life of the person (...)
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  5. Ajit Shah (2011). Mental Competence or Best Interests? Philosophy, Psychiatry, and Psychology 18 (2):151-152.score: 72.0
    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 (...)
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  6. Craig Edwards (2010). Beyond Mental Competence. Journal of Applied Philosophy 27 (3):273-289.score: 70.0
    Justification for psychiatric paternalism is most easily established where mental illness renders the person mentally incompetent, depriving him of the capacity for rational agency and for autonomy, hence undermining the basis for liberal rights against paternalism. But some philosophers, and no doubt some doctors, have been deeply concerned by the inadequacy of the concept of mental incompetence to encapsulate some apparently appealing cases for psychiatric paternalism. We ought to view mental incompetence as just one subset of a (...)
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  7. David Checkland & Michel Silberfeld (1996). Mental Competence and the Question of Beneficent Intervention. Theoretical Medicine and Bioethics 17 (2).score: 70.0
    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, (...)
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  8. C. R. Blease (2013). Electroconvulsive Therapy, the Placebo Effect and Informed Consent. Journal of Medical Ethics 39 (3):166-170.score: 66.0
    Major depressive disorder is not only the most widespread mental disorder in the world, it is a disorder on the rise. In cases of particularly severe forms of depression, when all other treatment options have failed, the use of electroconvulsive therapy (ECT) is a recommended treatment option for patients. ECT has been in use in psychiatric practice for over 70 years and is now undergoing something of a restricted renaissance following a sharp decline in its use in the 1970s. (...)
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  9. Neelke Doorn (2011). Mental Competence or Capacity to Form a Will: An Anthropological Approach1. Philosophy, Psychiatry, and Psychology 18 (2):135-145.score: 64.0
    The use of coercive measures in mental health care is an issue of ongoing concern (Cf. Fisher 1994; Janssen et al. 2008; Paterson and Duxbury 2007; Prinsen and Van Delden 2009; Widdershoven and Berghmans 2007; Wynn 2006). On the one hand, coercive interventions seem to infringe the patient’s right to self-determination (principle of autonomy). However, professionals are also committed to providing the care they deem necessary (principle of beneficence). In other words, professionals in mental health care are often (...)
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  10. Craig Edwards (2011). Respect for Other Selves. Kennedy Institute of Ethics Journal 21 (4):349-378.score: 62.0
    How ought we respond to advance directives that appear to fly in the face of a severely mentally impaired patient's quality of life? An advance directive is a legal instrument wherein a person records instructions regarding the medical treatment that she is to receive in the event that she becomes persistently incapable of refusing or giving informed consent to treatment. Where these instructions are legally binding, they enable a person to exercise control over her future medical treatment. This has been (...)
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  11. David Albert Jones (2011). Is There a Logical Slippery Slope From Voluntary to Nonvoluntary Euthanasia? Kennedy Institute of Ethics Journal 21 (4):379-404.score: 60.0
    Slippery slope arguments have been important in the euthanasia debate for at least half a century. In 1957 the Cambridge legal scholar Glanville Williams wrote a controversial book, The Sanctity of Life and the Criminal Law, in which he presented the decriminalizing of euthanasia as a modern liberal proposal taking its rightful place alongside proposals to decriminalize contraception, sterilization, abortion, and attempted suicide (all of which the book also advocated).1 Opposition to these reforms was in turn presented as exclusively religious (...)
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  12. Deborah Bowman (2011). Informed Consent: A Primer for Clinical Practice. Cambridge University Press.score: 60.0
    Machine generated contents note: 1. Introduction: why focus on informed consent?; 2. Deciding who decides: capacity and consent; 3. Putting the informed into 'informed consent': information and decision-making; 4. Freedom of expression: the voluntary nature of consent; 5. A patient's prerogative? The continuing nature of consent; 6. Concluding words about consent; Index.
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  13. D. A. Greaves (1991). Can Compulsory Removal Ever Be Justified for Adults Who Are Mentally Competent? Journal of Medical Ethics 17 (4):189-194.score: 60.0
    Section 47 of the National Assistance Act is controversial in that it makes provision for the compulsory removal and care of mentally competent adults in certain limited circumstances. A case is described in which it is argued that compulsory management could be justified. This is because the diversity and potentially conflicting nature of the relevant considerations involved in this and a restricted range of other cases, defies their being captured in any wholly rational moral scheme. It follows that if the (...)
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  14. T. M. Krakower, M. Montello, C. Mitchell & R. D. Truog (2012). The Ethics of Reality Medical Television. Journal of Clinical Ethics 24 (1):50-57.score: 60.0
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  15. J. Savulescu (2013). Elective Ventilation and Interests. Journal of Medical Ethics 39 (3):129-129.score: 60.0
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  16. Stephen Rowntree (1982). Ethical Issues of Life and Death. Thought 57 (4):449-464.score: 60.0
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  17. D. W. Brock (1991). What is the Moral Basis of the Authority of Family Members to Act as Surrogates for Incompetent Patients? Journal of Clinical Ethics 3 (2):121-123.score: 60.0
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  18. J. J. Delden, P. J. Maas, L. Pijnenborg & C. W. Looman (1993). Deciding Not to Resuscitate in Dutch Hospitals. Journal of Medical Ethics 19 (4):200-205.score: 60.0
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  19. Thomas Hindmarch, Matthew Hotopf & Gareth S. Owen (2013). Depression and Decision-Making Capacity for Treatment or Research: A Systematic Review. BMC Medical Ethics 14 (1):54.score: 60.0
    Psychiatric disorders can pose problems in the assessment of decision-making capacity (DMC). This is so particularly where psychopathology is seen as the extreme end of a dimension that includes normality. Depression is an example of such a psychiatric disorder. Four abilities (understanding, appreciating, reasoning and ability to express a choice) are commonly assessed when determining DMC in psychiatry and uncertainty exists about the extent to which depression impacts capacity to make treatment or research participation decisions.
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  20. Nico Peruzzi, Andrew Canapary & Bruce Bongar (1996). Physician-Assisted Suicide: The Role of Mental Health Professionals. Ethics and Behavior 6 (4):353 – 366.score: 54.0
    A review of the literature was conducted to better understand the (potential) role of mental health professionals in physician-assisted suicide. Numerous studies indicate that depression is one of the most commonly encountered psychiatric illnesses in primary care settings. Yet, depression consistently goes undetected and undiagnosed by nonpsychiatrically trained primary care physicians. Noting the well-studied link between depression and suicide, it is necessary to question giving sole responsibility of assisting patients in making end-of-life treatment decisions to these physicians. Unfortunately, the (...)
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  21. Ruth Macklin (1983). Philosophical Conceptions of Rationality and Psychiatric Notions of Competency. Synthese 57 (2):205 - 224.score: 54.0
    Psychiatrists are frequently called upon to make assessments of the rationality or irrationality of persons for a variety of medical-legal purposes. A key category is that of evaluations of a patient's capacity to grant informed consent for a medical procedure. A diagnosis of mental illness is neither a necessary nor a sufficient condition for a finding of incompetence. The notion of competency to grant consent, which is a mixed psychiatric-legal concept, shares some features with philosophical conceptions of rationality, (...)
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  22. P. J. Taylor (1983). Consent, Competency and ECT: A Psychiatrist's View. Journal of Medical Ethics 9 (3):146-151.score: 54.0
    Dr Taylor, an English psychiatrist, considers the issue of the symposium in the context of the Mental Health (Amendment) Act 1982. This, she says, gives little guidance on how judgment of a patient's competency or capability to consent to treatment should be made, although it specifies that unless compulsorily detained patients competently consent to ECT a special second medical opinion is required. Although some guidelines from the Department of Health may be offered before implementation of the Act in (...)
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  23. Louis C. Charland (2007). Anorexia and the MacCAT-T Test for Mental Competence: Validity, Value, and Emotion. Philosophy, Psychiatry, and Psychology 13 (4):283-287.score: 50.0
  24. John C. Moskop (1983). Competence, Paternalism, and Public Policy for Mentally Retarded People. Theoretical Medicine and Bioethics 4 (3).score: 50.0
    This article examines two currently disputed issues regarding public policy for mentally retarded people. First, questions are raised about the legal tradition of viewing mental competence as an all-or-nothing attribute. It is argued that recently developed limited competence and limited guardianship laws can provide greater freedom for retarded people without sacrificing needed protection. Second, the question of who should act paternalistically for retarded people incapable of acting for themselves is examined. Rothman's claim that special formal advocates are the best (...)
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  25. David E. Guinn (2002). Mental Competence, Caregivers, and the Process of Consent: Research Involving Alzheimer's Patients or Others with Decreasing Mental Capacity. Cambridge Quarterly of Healthcare Ethics 11 (03):230-245.score: 50.0
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  26. Carl Elliott (1998). Commentary on" Is Mr. Spock Mentally Competent?". Philosophy, Psychiatry, and Psychology 5 (1):87-88.score: 50.0
  27. Ruth F. Chadwick (1998). Commentary on" Is Mr. Spock Mentally Competent?". Philosophy, Psychiatry, and Psychology 5 (1):83-86.score: 50.0
  28. Louis C. Charland (1998). Is Mr. Spock Mentally Competent? Competence to Consent and Emotion. Philosophy, Psychiatry, and Psychology 5 (1):67-81.score: 50.0
  29. Stuart J. Youngner (1998). Commentary on" Is Mr. Spock Mentally Competent?". Philosophy, Psychiatry, and Psychology 5 (1):89-92.score: 50.0
  30. Lazare Benaroyo & Guy Widdershoven (2004). Competence in Mental Health Care: A Hermeneutic Perspective. [REVIEW] Health Care Analysis 12 (4):295-306.score: 46.0
    In this paper we develop a hermeneutic approach to the concept of competence. Patient competence, according to a hermeneutic approach, is not primarily a matter of being able to reason, but of being able to interpret the world and respond to it. Capacity should then not be seen as theoretical, but as practical. From the perspective of practical rationality, competence and capacity are two sides of the same coin. If a person has the capacity to understand the world and give (...)
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  31. Raymond J. Nelson (1978). The Competence-Performance Distinction in Mental Philosophy. Synthese 39 (November):337-382.score: 44.0
  32. Steven Yearley & John D. Brewer (1989). Stigma and Conversational Competence: A Conversation Analytic Study of the Mentally Handicapped. [REVIEW] Human Studies 12 (1-2):97 - 115.score: 40.0
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  33. James L. Werth Jr (1999). When is a Mental Health Professional Competent to Assess a Person's Decision to Hasten Death? Ethics and Behavior 9 (2):141 – 157.score: 40.0
  34. James L. Werth Jr (1999). When is a Mental Health Professional Competent to Assess a Person's Decision to Hasten Death? Ethics and Behavior 9 (2):141 – 157.score: 40.0
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  35. B. J. Singer (2003). Mental Illness: Rights, Competence, and Communication. In Glenn McGee (ed.), Pragmatic Bioethics. Mit Press. 151--162.score: 40.0
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  36. Jessica M. Wilson (2009). Determination, Realization and Mental Causation. Philosophical Studies 145 (1):149 - 169.score: 38.0
    How can mental properties bring about physical effects, as they seem to do, given that the physical realizers of the mental goings-on are already sufficient to cause these effects? This question gives rise to the problem of mental causation (MC) and its associated threats of causal overdetermination, mental causal exclusion, and mental causal irrelevance. Some (e.g., Cynthia and Graham Macdonald, and Stephen Yablo) have suggested that understanding mental-physical realization in terms of the determinable/determinate relation (...)
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  37. Justin T. Tiehen (2011). Disproportional Mental Causation. Synthese 182 (3):375-391.score: 38.0
    In this paper I do three things. First, I argue that Stephen Yablo’s influential account of mental causation is susceptible to counterexamples involving what I call disproportional mental causation. Second, I argue that similar counterexamples can be generated for any alternative account of mental causation that is like Yablo’s in that it takes mental states and their physical realizers to causally compete. Third, I show that there are alternative nonreductive approaches to mental causation which reject (...)
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  38. Kristin Andrews (2003). Knowing Mental States: The Asymmetry of Psychological Prediction and Explanation. In Quentin Smith & Aleksandar Jokic (eds.), Consciousness: New Philosophical Perspectives. Oxford University Press.score: 38.0
    Perhaps because both explanation and prediction are key components to understanding, philosophers and psychologists often portray these two abilities as though they arise from the same competence, and sometimes they are taken to be the same competence. When explanation and prediction are associated in this way, they are taken to be two expressions of a single cognitive capacity that differ from one another only pragmatically. If the difference between prediction and explanation of human behavior is merely pragmatic, then anytime I (...)
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  39. Amie L. Thomasson (1998). A Nonreductivist Solution to Mental Causation. Philosophical Studies 89 (2-3):181-95.score: 38.0
    Nonreductive physicalism provides an appealing solution to the nature of mental properties. But its success as a theory of mental properties has been called into doubt by claims that it cannot adequately handle the problems of mental causation, as it leads either to epiphenomenalism or to thoroughgoing overdetermination. I argue that these apparent problems for the nonreductivist are based in fundamental confusion about causation and explanation. I distinguish two different types of explanation and two different relations to (...)
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  40. Sara Worley (1997). Determination and Mental Causation. Erkenntnis 46 (3):281-304.score: 38.0
    Yablo suggests that we can understand the possibility of mental causation by supposing that mental properties determine physical properties, in the classic sense of determination according to which red determines scarlet. Determinates and their determinables do not compete for causal relevance, so if mental and physical properties are related as determinable and determinates, they should not compete for causal relevance either. I argue that this solution won''t work. I first construct a more adequate account of determination than (...)
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  41. Gary George Ford (2000). Ethical Reasoning in the Mental Health Professions. Crc Press.score: 38.0
    The ability to reason ethically is an extraordinarily important aspect of professionalism in any field. Indeed, the greatest challenge in ethical professional practice involves resolving the conflict that arises when the professional is required to choose between two competing ethical principles. Ethical Reasoning in the Mental Health Professions explores how to develop the ability to reason ethically in difficult situations. Other books merely present ethical and legal issues one at a time, along with case examples involving "right" and "wrong" (...)
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  42. Bengt Brülde (2010). On Defining “Mental Disorder”: Purposes and Conditions of Adequacy. Theoretical Medicine and Bioethics 31 (1):19-33.score: 38.0
    All definitions of mental disorder are backed up by arguments that rely on general criteria (e.g., that a definition should be consistent with ordinary language). These desiderata are rarely explicitly stated, and there has been no systematic discussion of how different definitions should be assessed. To arrive at a well-founded list of desiderata, we need to know the purpose of a definition. I argue that this purpose must be practical; it should, for example, help us determine who is entitled (...)
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  43. Wayne Martin & Ryan Hickerson (2013). Mental Capacity and the Applied Phenomenology of Judgement. Phenomenology and the Cognitive Sciences 12 (1):195-214.score: 38.0
    We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the MacCAT-T (...)
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  44. Vasilis Tsompanidis (forthcoming). Mental Files and Times. Topoi:1-8.score: 38.0
    This paper argues that applying a mental files framework for singular thought to thoughts about specific times could produce an account of tensed thought with significant advantages over competing theories. After describing the framework (1), I argue for the conceivability of treating particular times as res of singular thoughts (2), and the possibility that humans open ‘object files’ for them during perception (3). Then I discuss the possible make-up and function of a NOW indexical mental file (4). The (...)
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  45. Giovanni Pezzulo, Francesco Rigoli & Fabian Chersi (2013). The Mixed Instrumental Controller: Using Value of Information to Combine Habitual Choice and Mental Simulation. Frontiers in Psychology 4.score: 38.0
    Instrumental behavior depends on both goal-directed and habitual mechanisms of choice. Normative views cast these mechanisms in terms of model-free and model-based methods of reinforcement learning, respectively. An influential proposal hypothesizes that model-free and model-based mechanisms coexist and compete in the brain according to their relative uncertainty. In this paper we propose a novel view in which a single Mixed Instrumental Controller produces both goal-directed and habitual behavior by flexibly balancing and combining model-based and model-free computations. The Mixed Instrumental Controller (...)
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  46. David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.score: 34.0
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution (CFE)—holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  47. Hubert L. Dreyfus (2007). The Return of the Myth of the Mental. Inquiry 50 (4):352 – 365.score: 30.0
    McDowell's claim that "in mature human beings, embodied coping is permeated with mindedness",1 suggests a new version of the mentalist myth which, like the others, is untrue to the phenomenon. The phenomena show that embodied skills, when we are fully absorbed in enacting them, have a kind of non-mental content that is non-conceptual, non-propositional, non-rational and non-linguistic. This is not to deny that we can monitor our activity while performing it. For solving problems, learning a new skill, receiving coaching, (...)
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  48. Carsten Held, Markus Knauff & Gottfried Vosgerau (eds.) (2006). Mental Models and the Mind: Current Developments in Cognitive Psychology, Neuroscience, and Philosophy of Mind. Elsevier.score: 30.0
    "Cognitive psychology," "cognitive neuroscience," and "philosophy of mind" are names for three very different scientific fields, but they label aspects of the same scientific goal: to understand the nature of mental phenomena. Today, the three disciplines strongly overlap under the roof of the cognitive sciences. The book's purpose is to present views from the different disciplines on one of the central theories in cognitive science: the theory of mental models. Cognitive psychologists report their research on the representation and (...)
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  49. Donna Torrens (1999). Individual Differences and the Belief Bias Effect: Mental Models, Logical Necessity, and Abstract Reasoning. Thinking and Reasoning 5 (1):1 – 28.score: 30.0
    This study investigated individual differences in the belief bias effect, which is the tendency to accept conclusions because they are believable rather than because they are logically valid. It was observed that the extent of an individual's belief bias effect was unrelated to a number of measures of reasoning competence. Instead, as predicted by mental models theory, it was related to a person's ability to generate alternative representations of premises: the more alternatives a person generated, the less likely they (...)
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  50. Doris Bischof-Köhler & Norbert Bischof (2007). Is Mental Time Travel a Frame-of-Reference Issue? Behavioral and Brain Sciences 30 (3):316-317.score: 30.0
    Mental time travel and theory of mind develop, both phylo- and ontogenetically, at the same stage. We argue that this synchrony is due to the emergence of a shared competence, namely, the ability to become aware of frames of reference.
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