An assessment of decision-making capacity is the accepted procedure for determining when a person is not competent. An inferential gap exists between the criteria for capacity specific abilities and the legal requirements to understand relevant information and appreciate the consequences of a decision. This gap extends to causal influences on a person'scapacity to decide. Using a published case of depression, we illustrate that assessors' uses of diagnostic information is frequently not up to the task of bridging this inferential gap in (...) a justifiable way. We then describe cases of faulty judgement which challenge the understanding of diagnostic causal influences. These cases help to clarify the nature of the expertise required for capacity assessments. In practice, the requirements of decision-making capacity are often abandoned to other considerations due to a lack of requisite expertise. The legal policy supporting decision-making capacity as a means to protective intervention is justified only if the requisite expertise is developed. We propose the requisite expertise to be developed in the long term as a distinct multidisciplinary endeavour. (shrink)
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, all (...) of which need further exploration. (shrink)
Various complexities that arise in the application of legal and/or clinical criteria to the actual assessment of competence/capacity are discussed, and a particular way of understanding the nature of such criteria is recommended.
Michel Serres is a major twentieth-century thinker who has made decisive contributions to major debates across disciplines ranging from the history of science to literary studies and philosophy. This is the first monograph to offer a comprehensive assessment of Serres’ thought from his early work on Leibniz to his final publications in 2019. The first three chapters carefully explore Serres’ ‘global intuition’, how he understands and engages with the world, and his characteristic ‘figures of thought’, the repeated intellectual moves (...) that characterize his unique approach. Chapters Four to Six explore in detail Serres’ revolutionary contributions to three key areas: language, objects, and ecology. (shrink)
What is given to us in conscious experience? The Given is an attempt to answer this question and in this way contribute to a general theory of mental content. The content of conscious experience is understood to be absolutely everything that is given to one, experientially, in the having of an experience. Michelle Montague focuses on the analysis of conscious perception, conscious emotion, and conscious thought, and deploys three fundamental notions in addition to the fundamental notion of content: the notions (...) of intentionality, phenomenology, and consciousness. She argues that all experience essentially involves all four things, and that the key to an adequate general theory of what is given in experience lies in giving a correct specification of the nature of these four things and the relations between them. (shrink)
Three years before his death, Michel Foucault delivered a series of lectures at the Catholic University of Louvain that until recently remained almost unknown. These lectures—which focus on the role of avowal, or confession, in the determination of truth and justice—provide the missing link between Foucault’s early work on madness, delinquency, and sexuality and his later explorations of subjectivity in Greek and Roman antiquity. Ranging broadly from Homer to the twentieth century, Foucault traces the early use of truth-telling in (...) ancient Greece and follows it through to practices of self-examination in monastic times. By the nineteenth century, the avowal of wrongdoing was no longer sufficient to satisfy the call for justice; there remained the question of who the \u201ccriminal\u201d was and what formative factors contributed to his wrong-doing. The call for psychiatric expertise marked the birth of the discipline of psychiatry in the nineteenth and twentieth centuries as well as its widespread recognition as the foundation of criminology and modern criminal justice. Published here for the first time, the 1981 lectures have been superbly translated by Stephen W. Sawyer and expertly edited and extensively annotated by Fabienne Brion and Bernard E. Harcourt. They are accompanied by two contemporaneous interviews with Foucault in which he elaborates on a number of the key themes. An essential companion to Discipline and Punish, Wrong-Doing, Truth-Telling will take its place as one of the most significant works of Foucault to appear in decades, and will be necessary reading for all those interested in his thought.  . (shrink)
Building on contemporary research in embodied cognition, enactivism, and the extended mind, this book explores how social institutions in contemporary neoliberal nation-states systematically affect our thoughts, feelings, and agency. Human beings are, necessarily, social animals who create and belong to social institutions. But social institutions take on a life of their own, and literally shape the minds of all those who belong to them, for better or worse, usually without their being self-consciously aware of it. Indeed, in contemporary neoliberal societies, (...) it is generally for the worse. In The Mind-Body Politic, Michelle Maiese and Robert Hanna work out a new critique of contemporary social institutions by deploying the special standpoint of the philosophy of mind—in particular, the special standpoint of the philosophy of what they call essentially embodied minds—and make a set of concrete, positive proposals for radically changing both these social institutions and also our essentially embodied lives for the better. (shrink)
Michel Serres captures the urgencies of our time; from the digital revolution to the ecological crisis to the future of the university, the crises that code the world today are addressed in an accessible, affirmative and remarkably original analysis in his thought. This volume is the first to engage with the philosophy of Michel Serres, not by writing 'about' it, but by writing 'with' it. This is done by expanding upon the urgent themes that Serres works on; by (...) furthering his materialism, his emphasis on communication and information, his focus on the senses, and the role of mathematics in thought. His famous concepts, such as the parasite, 'amis de viellesse', and the algorithm are applied in 21st century situations. With contributions from an international and interdisciplinary team of authors, these writings tackle the crises of today and affirm the contemporary relevance of Serres' philosophy. (shrink)
Michel Serres is one of the most influential living theorists in European philosophy. This volume makes available a work which has a foundational place in the development of chaos theory, representing a tour de force application of the principles underlying Serres’ distinctive philosophy of science.
There is now a considerable literature on Michel Foucault but this is the first monograph which explicitly addresses his influence and impact upon education. Personal autonomy has been seen as a major aim, if not the aim of liberal education. But if Foucault is correct that personal autonomy and the notion of the autonomous person are myths, then the pursuit of such an aim by educationalists is misguided. The author develops this critique of personal autonomy and liberal education from (...) the writings of Foucault, and also considers Foucault's own educational practices. The author, James Marshall, who lives in New Zealand, has already written several articles for academic journals on Foucault. (shrink)
Delivered at the Collège de France between January and March 1980, the lectures entitled On the Government of the Living (Du gouvernement des vivants) seem to be the missing piece in the Foucauldian puzzle. Still unpublished, those eleven lectures were intended to set the theoretical foundation for the book announced as the fourth and last volume of the History of Sexuality, under the title Confessions of the Flesh (Les aveux de la chair). This book, however, was never published, despite the (...) fact that his editor described it as the keystone for the entire History of Sexuality.1 The value of Michel…. (shrink)
In this incisive book, Michel de Certeau considers the uses to which social representation and modes of social behavior are put by individuals and groups, describing the tactics available to the common man for reclaiming his own autonomy from the all-pervasive forces of commerce, politics, and culture. In exploring the public meaning of ingeniously defended private meanings, de Certeau draws brilliantly on an immense theoretical literature to speak of an apposite use of imaginative literature.
John Stuart Mill's crisis of 1826 has received a great deal of attention from scholars. This attention results from reflection on the importance of the crisis to Mill's mature thought. Did the crisis signal rejection or revision of Benthamism? Or did it have little or no effect on Mill's view of his intellectual inheritance? Ultimately, an interpretation of the cause and resolution of the crisis is integral to an understanding of the nature of Mill's moral and social philosophy. Scholars, in (...) their zeal to understand Mill's crisis, have suggested various reasons for both the onset of the crisis and the recovery. Yet Mill's own perception of his crisis has often been overlooked or rejected. (shrink)
“What characterizes the act of justice is not resort to a court and to judges; it is not the intervention of magistrates. What characterizes the juridical act, the process or the procedure in the broad sense, is the regulated development of a dispute. And the intervention of judges, their opinion or decision, is only ever an episode in this development. What defines the juridical order is the way in which one confronts one another, the way in which one struggles. The (...) rule and the struggle, the rule in the struggle, this is the juridical.” - Michel Foucault Penal Theories and Institutions is the title Michel Foucault gave to the lectures he delivered at the Collège de France from November 1971 to March 1972. In these lectures Michel Foucault presents for the first time his approach to the question of power that will be the focus of his research up to the writing of Discipline and Punish and beyond. His analysis starts with a detailed account of Richelieu’s repression of the Nu-pieds revolt and then goes on to show how the apparatus of power developed by the monarchy on this occasion breaks with the system of juridical and judicial institutions of the Middle Ages and opens out onto a “judicial State apparatus”, a “repressive system”, whose function is focused on the confinement of those who challenge its order. Michel Foucault systemizes the approach of a history of truth on the basis of the study of “juridico-political matrices” that he had begun in the previous year’s lectures and which is at the heart of the notion of “knowledge-power”. In these lectures Foucault develops his theory of justice and penal law. The appearance of this volume marks the end of the publication of the series Foucault’s courses at the Collège de France. (shrink)
The Care of the Self is the third and possibly final volume of Michel Foucault’s widely acclaimed examination of "the experience of sexuality in Western society." Foucault takes us into the first two centuries of our own era, into the Golden Age of Rome, to reveal a subtle but decisive break from the classical Greek vision of sexual pleasure. He skillfully explores the whole corpus of moral reflection among philosophers and physicians of the era, and uncovers an increasing mistrust (...) of pleasure and growing anxiety over sexual activity and its consequences. (shrink)
Hugely influential, Michel Foucault's work has not only impacted a diverse range of disciplines—from history and sociology to fine arts, feminism, and gay and lesbian studies—but has also profoundly shaped Western culture at a street level. -/- Yet until now there has been no overarching systematic approach to his work from a Reformed perspective—let alone one that is as fair and accessible as Watkin's. After walking us through key elements of Foucault's thought, Watkin both critiques and answers Foucault through (...) the Bible's teaching on history, power, and identity. His insights are necessary reading for anyone who wants to engage thoughtfully with the ideas of our culture. (shrink)