Noam Chomsky and Frances Egan argue that David Marr’s computational theory of vision is not intentional, claiming that the formal scientific theory does not include description of visual content. They also argue that the theory is internalist in the sense of not describing things physically external to the perceiver. They argue that these claims hold for computational theories of vision in general. Beyond theories of vision, they argue that representational content does not figure as a topic within formal computational theories (...) in cognitive science. I demonstrate that Chomsky’s and Egan’s claims about Marr’s theory are false. Marr’s computational theory contains a mathematical theory of visual content, based on empirical psychophysical evidence. It also contains mathematical descriptions of distal physical surfaces and objects, and of their optic projection to the perceiver. Much computational research on vision contains these types of intentional and externalist components within the formal, mathematical, theories. Chomsky’s and Egan’s claims demonstrate inadequate study and understanding of Marr’s work and other research in this area. Computational theories of vision, by containing empirically based mathematical theories of visual content, to this extent present naturalizations of semantics. (shrink)

Paul Thom's book presents Kilwardby's science of logic as a body of demonstrative knowledge about inferences and their validity, about the semantics of non-modal and modal propositions, and about the logic of genus and species. This science is thoroughly intensional. It grounds the logic of inference on "that in virtue of which" the inference holds. It bases the truth conditions of propositions on relations between conceptual entities. It explains the logic of genus and species through the notion of essence. (...) Thom interprets this science as a formal logic of intensions with its own proof theory and semantics. This comprehensive reconstruction of Kilwardby's logic shows the medieval master to be one of the most interesting logicians of the thirteenth century. (shrink)

De milieuproblematiek staat pas sinds kort op de agenda als een fenomeen dat de mensheid bedreigt. Toch blijkt het negentiende-eeuwse gedachtegoed van Karl Marx verrassende inzichten te bieden om deze actuele problemen te duiden. Marx laat zien dat het menselijk ingrijpen in de natuur leidt tot zelfvervreemding: de mens ondermijnt zijn bestaan als een wezen dat zelf deel uitmaakt van de natuur. Deze zelfvervreemding cumuleert in de kapitalistische samenleving. Marx lezend zien we dat de milieuproblematiek geen historische vergissing is, maar (...) fundamenteel samenhangt met de mens als redelijk wezen. Onze beheersingsrede heeft geleid tot de vervreemding van de natuur. Toch geeft dezelfde rede die de mens de vrijheid biedt zich boven het ecologische evenwicht te verheffen, hem de mogelijkheid zich te verzoenen met de natuur. Marx verwijst naar dit dubbele gezicht van de rede als hij stelt dat het 'rijk van de vrijheid' in de schoot van het kapitalisme wordt geboren. In dit boek onderzoekt Paul Cobben welke aanzetten de huidige samenleving biedt om vorm te geven aan de verzoening met de natuur. Paul Cobben is emeritus hoogleraar geschiedenis van de moderne filosofie aan Tilburg University. Momenteel is hij gastonderzoeker aan de Vrije Universiteit Amsterdam en redacteur van de serie 'Critical Studies in German Idealism'. Van zijn hand verscheen o.a. 'Value in Capitalist Society. Rethinking Marx's Criticism of Capitalism' (2015)."-- Publisher information. (shrink)

The Renaissance was a period of great intellectual change and innovation as philosophers rediscovered the philosophy of classical antiquity and passed it on to the modern age. Renaissance philosophy is distinct both from the medieval scholasticism, based on revelation and authority, and from philosophers of the seventeenth and eighteenth centuries who transformed it into new philosophical systems. Despite the importance of the Renaissance to the development of philosophy over time, it has remained largely understudied by historians of philosophy and professional (...) philosophers. This anthology aims to correct this by providing scholars and students of philosophy with representative translations of the most important philosophers of the Renaissance. Its purpose is to help readers appreciate philosophy in the Renaissance and its importance in the history of philosophy. The anthology includes translations from philosophers from the thirteenth to the seventeenth centuries, and it ranges from works on moral and political philosophy, to metaphysics, epistemology, and natural philosophy, thereby providing historians and students of philosophy with a sense for the nature, breadth, and complexity of philosophy in the Renaissance. Each translation is accompanied by an introduction by a historian of Renaissance philosophy, as well as select secondary sources, in order to encourage further study. (shrink)

In this work, Paul Bartha proposes a normative theory of analogical arguments and raises questions and proposes answers regarding the criteria for evaluating analogical arguments, the philosophical justification for analogical reasoning, and the place of scientific analogies in the context of theoretical confirmation.

The present collection brings together in a convenient form the seminal articles in the philosophy of mathematics by these and other major thinkers.

By Parallel Reasoning is the first comprehensive philosophical examination of analogical reasoning in more than forty years designed to formulate and justify standards for the critical evaluation of analogical arguments. It proposes a normative theory with special focus on the use of analogies in mathematics and science. In recent decades, research on analogy has been dominated by computational theories whose objective has been to model analogical reasoning as a psychological process. These theories have devoted little attention to normative questions. In (...) this book Bartha proposes that a good analogical argument must articulate a clear relationship that is capable of generalization. This idea leads to a set of distinct models for the critical analysis of prominent forms of analogical argument. The same core principle makes it possible to relate analogical reasoning to norms and values of scientific practice. Reasoning by analogy is justified because it strikes an optimal balance between conservative values, such as simplicity and coherence, and progressive values, such as fruitfulness and theoretical unification. Analogical arguments are also justified by appeal to symmetry--like cases are to be treated alike. In elaborating the connection between analogy and these broad epistemic principles, By Parallel Reasoning offers a novel contribution to explaining how analogies can play an important role in the confirmation of scientific hypotheses. (shrink)

According to the subset account of realization, a property, F, is realized by another property, G, whenever F is individuated by a non-empty proper subset of the causal powers by which G is individuated (and F is not a conjunctive property of which G is a conjunct). This account is especially attractive because it seems both to explain the way in which realized properties are nothing over and above their realizers, and to provide for the causal efficacy of realized properties. (...) It therefore seems to provide a way around the causal exclusion problem. There is reason to doubt, however, that the subset account can achieve both tasks. The problem arises when we look closely at the relation between properties and causal powers, specifically, at the idea that properties confer powers on the things that have them. If realizers are to be ontically prior to what they realize, then we must regard the conferral of powers by properties as a substantive relation of determination. This relation of conferral is at the heart of a kind of exclusion problem, analogous to the familiar causal exclusion problem. I argue that the subset account cannot adequately answer this new exclusion problem, and is for that reason ill-suited to be the backbone of a non-reductive physicalism. (shrink)

Paul Abela presents a powerful, experience-sensitive form of realism about the relation between mind and world, based on an innovative interpretation of Kant. Abela breaks with tradition in taking seriously Kant's claim that his Transcendental Idealism yields a form of empirical realism, and giving a realist analysis of major themes of the Critique of Pure Reason. Abela's blending of Kantian scholarship with contemporary epistemology offers a new way of resolving philosophical debates about realism.

1 Adaptationism is a research strategy that seeks to identify adaptations and the specific selective forces that drove their evolution in past environments. Since the mid-1970s, paleontologist Stephen J. Gould and geneticist Richard Lewontin have been critical of adaptationism, especially as applied toward understanding human behavior and cognition. Perhaps the most prominent criticism they made was that adaptationist explanations were analogous to Rudyard Kipling's Just So Stories. Since storytelling is an inherent part of science, the criticism refers to the acceptance (...) of stories without sufficient empirical evidence. In particular, Gould, Lewontin, and their colleagues argue that adaptationists often use inappropriate evidentiary standards for identifying adaptations and their functions, and that they often fail to consider alternative hypotheses to adaptation. Playing prominently in both of these criticisms are the concepts of constraint, spandrel, and exaptation. In this article we discuss the standards of evidence that could be used to identify adaptations and when and how they may be appropriately used. Moreover, building an empirical case that certain features of a trait are best explained by exaptation, spandrel, or constraint requires demonstrating that the trait's features cannot be better accounted for by adaptationist hypotheses. Thus, we argue that the testing of alternatives requires the consideration, testing, and systematic rejection of adaptationist hypotheses. Where possible, we illustrate our points with examples taken from human behavior and cognition. Key Words: adaptation; ADHD; brain allometry; constraint; epistemology; evolutionary psychology; exaptation; female orgasm ; optimization; special design; waist-hip ratio. Footnotes1 The authors contributed equally to this paper. Order of authorship was determined alphabetically. Correspondence may be addressed to any of the authors. (shrink)

De Finetti would claim that we can make sense of a draw in which each positive integer has equal probability of winning. This requires a uniform probability distribution over the natural numbers, violating countable additivity. Countable additivity thus appears not to be a fundamental constraint on subjective probability. It does, however, seem mandated by Dutch Book arguments similar to those that support the other axioms of the probability calculus as compulsory for subjective interpretations. These two lines of reasoning can be (...) reconciled through a slight generalization of the Dutch Book framework. Countable additivity may indeed be abandoned for de Finetti's lottery, but this poses no serious threat to its adoption in most applications of subjective probability. Introduction The de Finetti lottery Two objections to equiprobability 3.1 The ‘No random mechanism’ argument 3.2 The Dutch Book argument Equiprobability and relative betting quotients The re-labelling paradox 5.1 The paradox 5.2 Resolution: from symmetry to relative probability Beyond the de Finetti lottery. (shrink)

Immanuel Kant claims that transcendental idealism yields a form of realism at the empirical level. Polite silence might best describe the reception this assertion has garnered among even sympathetic interpreters. This book challenges that prejudice, offering a controversial presentation and rehabilitation of Kant's empirical realism that places his realist credentials at the centre of the account of representation he offers in the Critique of Pure Reason. This interpretation ranges over the major themes contained in the Analytic of Principles and relevant (...) portions of the Dialectic. Kant's analysis of the conditions necessary for determinate representation is shown to involve a realist understanding of the relation of mind and world. The realist character of Kant's account of empirical truth, and his commitment to the unity of nature, are defended against competing empiricist, pragmatist, and methodological readings. This title links Kant studies to contemporary philosophical debates, and will appeal to scholars and students of Kant, as well as epistemologists, metaphysicians, and philosophers of science interested in a powerful, experience-sensitive, form of realism. (shrink)

Confronted with the possibility of severe environmental harms, such as catastrophic climate change, some researchers have suggested that we should abandon the principle at the heart of standard decision theory—the injunction to maximize expected utility—and embrace a different one: the Precautionary Principle. Arguably, the most sophisticated philosophical treatment of the Precautionary Principle is due to Steel. Steel interprets PP as a qualitative decision rule and appears to conclude that a quantitative decision-theoretic statement of PP is both impossible and unnecessary. In (...) this article, we propose a decision-theoretic formulation of PP in terms of lexical utilities. We show that this lexical model is largely faithful to Steel’s approach, but also that it corrects three problems with Steel’s account and clarifies the relationship between PP and standard decision theory. Using a range of examples, we illustrate how the lexical model can be used to explore a variety of issues related to precautionary reasoning. (shrink)

The twentieth century has witnessed an unprecedented 'crisis in the foundations of mathematics', featuring a world-famous paradox, a challenge to 'classical' mathematics from a world-famous mathematician, a new foundational school, and the profound incompleteness results of Kurt Gödel. In the same period, the cross-fertilization of mathematics and philosophy resulted in a new sort of 'mathematical philosophy', associated most notably with Bertrand Russell, W. V. Quine, and Gödel himself, and which remains at the focus of Anglo-Saxon philosophical discussion. The present collection (...) brings together in a convenient form the seminal articles in the philosophy of mathematics by these and other major thinkers. It is a substantially revised version of the edition first published in 1964 and includes a revised bibliography. The volume will be welcomed as a major work of reference at this level in the field. (shrink)

The article outlines the basic lines of a phenomenology of driving. The starting point is the thesis that “driving” does not occur in nature and is therefore a form of movement reserved for humans, which is linked to the invention of the wheel. This invention expanded the possibilities of mobility in technical and social terms. We argue that, on the one hand, travelling on wheels strengthens individuality and the feeling of freedom, but on the other hand it has a strong (...) socio-political component that is often ignored: Efficient driving requires a dense road network, and this only emerges as the achievement of a community. Referring back to Matthew B. Crawford’s philosophy of driving and Günther Anders’ philosophy of technology, the question of whether the “autonomous car” restricts or expands the freedom of drivers is discussed. Finally, it is shown that the concept of driving, as manifested above all in the automobile, has also had a significant influence on our concept of social progress. However, this concept has fallen into crisis due to the ecological collateral damage of combustion technology. (shrink)

In the modern day, it is understood that the role of the teacher comprises aspects of therapy directed towards the child. But to what extent should this relationship be developed, and what are its concomitant responsibilities? This book offers a challenging philosophical approach to the inherent problems and tensions involved with these issues.

Objects partially resemble when they are alike in some way but not entirely alike. Partial resemblance, then, involves similarity in a respect. It has been observed that talk of “respects” appears to be thinly‐veiled talk of properties. So some theorists take similarity in a respect to require property realism. I will go a step further and argue that similarity in intrinsic respects (partial intrinsic resemblance) requires properties to be immanent in objects. For a property to be immanent in an object (...) is roughly for it to be wholly present in that object. (So understood, immanence does not imply repeatability, and thus tropes count as immanent.) If two objects are intrinsically similar in one way but not another, there must be a difference between the two ways. And if the similarity is between the objects as they are in themselves, then this difference, too, must be within the objects. Partial intrinsic resemblance thus requires internal structure. Without it, there can be no distinctions between ways in which things are intrinsically alike and ways in which they aren't. I will argue, further, that distinctions between properties that transcend objects fail to account for the possibility of partial intrinsic resemblance. (shrink)

Describes and evaluates a number of existing criticisms of the formal theory of rationality and subjective expected utility theory. The author argues that rationality is not a behavioural entity, but rather has to do with the relation between an agent's preferences and his or her behaviour.

De Marco and colleagues claim that the standard account of invasiveness as commonly encountered ‘...does not capture all uses of the term in relation to medical interventions 1 ’. This is open to challenge. Their first example is ‘non-invasive prenatal testing’. Because it involves puncturing the skin to obtain blood, De Marco _et al_ take this as an example of how an incision or insertion is not sufficient to make an intervention invasive; here is a procedure that involves an incision, (...) but it is regarded as non-invasive. However, this ignores the context, and the term should really be understood in reference to the fetus. It is hard to believe healthcare professionals regard taking blood to measure, for example, ferritin levels as invasive but taking blood to look for fragments of fetal DNA as not. If anyone uses the term thinking it is not invasive to the mother, the... (shrink)

Many jurisdictions have put regulatory strategies in place to provide incentives and safeguards to whistleblowers to encourage whistleblowing on corporate wrongdoings. One such strategy is the provision of a financial incentive to the whistleblower if the complaint leads to a successful regulatory enforcement action against the offending organization. We conducted an experiment using professional accountants as participants to examine whether such an incentive encourages potential whistleblowers to report an observed financial reporting fraud to a relevant external authority. We also examine (...) the effect of perceived seriousness of the wrongdoing on accountants’ intention to whistleblow. We find that a financial incentive results in a higher intention to whistleblow to a relevant external authority. We also find that perceptions of the seriousness of the wrongdoing are significantly and positively associated with accountants’ intention to whistleblow to a relevant external authority. We find a significant interaction between the provision of a financial incentive and the perceived seriousness of the wrongdoing on the intention to report the wrongdoing externally. The intention to report the financial reporting fraud externally is higher when the level of perceived seriousness is higher, regardless of the availability of a financial incentive. However, when the perceived level of seriousness is lower, the presence of financial incentive results in a higher intention to report the financial reporting fraud externally. These findings indicate that the impact of a financial incentive on the intention to whistleblow is moderated by perceptions of the seriousness of the wrongdoing. (shrink)

We examine a distinctive kind of problem for decision theory, involving what we call discontinuity at infinity. Roughly, it arises when an infinite sequence of choices, each apparently sanctioned by plausible principles, converges to a ‘limit choice’ whose utility is much lower than the limit approached by the utilities of the choices in the sequence. We give examples of this phenomenon, focusing on Arntzenius et al.’s Satan’s apple, and give a general characterization of it. In these examples, repeated dominance reasoning (...) (a paradigm of rationality) apparently gives rise to a situation closely analogous to having intransitive preferences (a paradigm of irrationality). Indeed, the agents in these examples are vulnerable to a money pump set-up despite having preferences that exhibit no obvious defect of rationality. We explore several putative solutions to such problems, particularly those that appeal to binding and to deliberative dynamics. We consider the prospects for these solutions, concluding that if they fail, the examples show that money pump arguments are invalid. (shrink)

Voluntariness of consent to research has not been sufficiently explored through empirical research. The aims of this study were to develop a more comprehensive approach to assessing voluntariness and to generate preliminary data on the extent and correlates of limitations on voluntariness. We developed a questionnaire to evaluate subjects’ reported motivations and constraints on voluntariness. 88 subjects in five different areas of clinical research—substance abuse, cancer, HIV, interventional cardiology, and depression—were assessed. Subjects reported a variety of motivations for participation. Offers (...) of financial incentives were common but not influential, pressures from others were rare, and no threats were reported. However, certain financial incentives and—paradoxically—altruistic motivations led some subjects to feel more constrained. Consistent with previous studies, no one pattern of motivation was common to all research subjects. There was little evidence of constrained voluntariness, but some suggestion of areas of concern. Voluntariness appears to be susceptible to systematic empirical investigation. (shrink)

Endurantists have recently faced a mereological puzzle in various forms. Here I argue that, instead of presenting a genuine worry, the puzzle actually reveals a common misunderstanding about the endurantist ontology. Furthermore, through this discussion of the alleged problem and the misunderstanding which motivates it, I reveal metaphysical commitments the endurantist has that may not be widely recognized. For instance, she is committed to interesting and perhaps controversial views about shape and location. I highlight these commitments and what they mean (...) for the endurantist. (shrink)

Some patients with damaged striate cortex have blindsight-the ability to discriminate unseen stimuli in their clinically blind visual field defects when forced-choice procedures are used. Blindsight implies a sharp dissociation between visual performance and visual awareness, but signal detection theory indicates that it might be indistinguishable from the behavior of normal subjects near the lower limit of conscious vision, where the dissociations could arise trivially from using different response criteria during clinical and forced-choice tests. We tested the latter possibility with (...) a hemianopic subject during yes-no and forced-choice detection of static and moving targets. His response criterion differed significantly between yes-no and forced-choice responding, and the difference was sufficient to produce a blindsight-like dissociation with bias-sensitive measures of performance. When measured independently of bias, his sensitivity to static targets was greater in the forced-choice than in the yes-no task (unlike normal control subjects), but his sensitivity to moving targets did not differ. Differences in response criterion could therefore account for dissociations between yes-no and forced-choice detection of motion, but not of static pattern. The results explain why patients with blindsight are apparently more often ''aware'' of moving stimuli than of static stimuli. However, they also imply that blindsight is unlike normal vision near threshold, and that pattern- and motion-detection in blindsight may depend on different sets of neural mechanisms during yes-no and forced-choice tests. (shrink)

Some environmental ethicists and economists argue that attributing infinite value to the environment is a good way to represent an absolute obligation to protect it. Others argue against modelling the value of the environment in this way: the assignment of infinite value leads to immense technical and philosophical difficulties that undermine the environmentalist project. First, there is a problem of discrimination: saving a large region of habitat is better than saving a small region; yet if both outcomes have infinite value, (...) then decision theory prescribes indifference. Second, there is a problem of swamping probabilities: an act with a small but positive probability of saving an endangered species appears to be on par with an act that has a high probability of achieving this outcome, since both have infinite expected value. Our paper shows that a relative concept of infinite value can be meaningfully defined, and provides a good model for securing the priority of the natural environment while avoiding the failures noted by sceptics about infinite value. Our claim is not that the relative infinity utility model gets every detail correct, but rather that it provides a rigorous philosophical framework for thinking about decisions affecting the environment. (shrink)

One of the core debates concerning equity in the response to the threat of anthropogenic climate change is how the responsibility to reduce greenhouse gas emissions should be allocated, or, correspondingly, how the right to emit greenhouse gases should be allocated. Two alternative approaches that have been widely promoted are, first, to assign obligations to the industrialized countries on the basis of both their ability to pay and their responsibility for the majority of prior emissions, or, second, to assign emissions (...) rights on a equal per capita basis. Both these proposals ignore intra-national distributional equity. Instead, we develop a policy framework we call 'Greenhouse Development Rights' which allocates obligations to pay for climate policies on the basis of an individually quantified metric of capacity and responsibility . Crucially, the GDRs framework looks at the distribution of income within countries and treats people of equal wealth similarly, whatever country they live in. Thus even poor countries have obligations proportional to the size and wealth of their middle and upper classes, defined relative to a 'development threshold'. While this method nominally identifies the 'right to development' as applying to people, not countries, as a proposal for a treaty among sovereign nations, there is no obvious way to give legal meaning to that right. In this paper, then, we raise some of the philosophical and political questions that arise in trying to quantify capacity and responsibility and to use the 'right to development' as a principle for allocating costs.*. (shrink)

The Principle of Indifference, which dictates that we ought to assign two outcomes equal probability in the absence of known reasons to do otherwise, is vulnerable to well-known objections. Nevertheless, the appeal of the principle, and of symmetry-based assignments of equal probability, persists. We show that, relative to a given class of symmetries satisfying certain properties, we are justified in calling certain outcomes equally probable, and more generally, in defining what we call relative probabilities. Relative probabilities are useful in providing (...) a generalized approach to conditionalization. The technique is illustrated by application to simple examples. (shrink)

“One day the day will come when the day will not come.” Bleak, but passionately political in its analysis of the social destruction wrought by modern technologies of communication and surveillance, Open Sky is Paul Virilio's most far-reaching and radical book. Deepening and extending his earlier work, he explores the growing danger of what he calls a “generalized accident,” provoked by the breakdown of our collective and individual relation to time, space and movement in the context of global electronic (...) media. But this is not merely a lucid and disturbing lament for the loss of real geographical spaces, distance, intimacy or democracy. Open Sky is also a call for revolt—against the insidious and accelerating manipulation of perception by the electronic media and repressive political power, against the tyranny of “real time,” and against the infantilism of cyberhype. Virilio makes a powerful case for a new ethics of perception, and a new ecology, one which will not only strive to protect the natural world from pollution and destruction, but will also combat the devastation of urban communities by proliferating technologies of control and virtuality. (shrink)

This book discusses some of the most challenging ideas emerging out of the research program on institutional diversity associated with the 2009 co-recipient of 2009 Nobel Prize in economics, Elinor Ostrom, while outlining a set of new research directions and an original interpretation of the significance and future of this program.

Carter and Leslie (1996) have argued, using Bayes's theorem, that our being alive now supports the hypothesis of an early 'Doomsday'. Unlike some critics (Eckhardt 1997), we accept their argument in part: given that we exist, our existence now indeed favors 'Doom sooner' over 'Doom later'. The very fact of our existence, however, favors 'Doom later'. In simple cases, a hypothetical approach to the problem of 'old evidence' shows that these two effects cancel out: our existence now yields no information (...) about the coming of Doom. More complex cases suggest a move from countably additive to non-standard probability measures. (shrink)

En quoi consiste, ou devrait consister, l'éthique professionnelle en enseignement? Comment se manifeste-t- elle dans les gestes pédagogiques? Selon quels critères peut-on la juger? Comment développer l'éthique professionnelle dans le cadre des formations initiale et continue en enseignement? En tenant compte du contexte social et culturel du Québec, des principes éthiques déjà énoncés par le ministère de l'Education ainsi que des lois, codes et conventions ayant des incidences sur la pratique enseignante, les auteures présentent des éléments à considérer pour la (...) réflexion éthique sur l'agir professionnel. Elles proposent des clarifications conceptuelles et un certain nombre de repères et de balises afin de guider les enseignants et de stimuler la discussion sur l'éthique professionnelle, non seulement dans la classe, mais aussi dans l'école et dans la société. (shrink)

The first full-length study of Robert Kilwardby's commentary on Aristotle's Prior Analytics, based on a study of the medieval manuscripts.

In their highly topical paper, Grahamet alargued that Trusted Research Environments (TREs) are not actually about trust because they reduce or remove ‘…the need for trust in the use and sharing of patient health data’. We believe this is fundamentally mistaken. TREs mitigate or remove some risks, but they do not address all public concerns. In this regard, TREs provide evidence for people to decide whether the bodies holding and using their data can be trusted. TREs may make it easier (...) for people to trust but there is still a need for that trust. (shrink)

An introductory guide to the seminal work of Kant and his modern moral philosophy.

This is done by exploring some of his other ideas concerning how critical comparisons inform our cultivation of taste, and art's relation to genius.

Volume 19, Issue 5, May 2019, Page 22-24.

In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering (...) on the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)