With the waves of reform occurring in mental health legislation in England and other jurisdictions, mental capacity is set to become a key medico-legal concept. The concept is central to the law of informed consent and is closely aligned to the philosophical concept of autonomy. It is also closely related to mental disorder. This paper explores the interdisciplinary terrain where mental capacity is located. Our aim is to identify core dilemmas and to suggest pathways for future interdisciplinary research. The terrain (...) can be separated into three types of discussion: philosophical, legal and psychiatric. Each discussion approaches mental capacity and judgmental autonomy from a different perspective yet each discussion struggles over two key dilemmas: whether mental capacity and autonomy is/should be a moral or a psychological notion and whether rationality is the key constitutive factor. We suggest that further theoretical work will have to be interdisciplinary and that this work offers an opportunity for the law to enrich its interpretation of mental capacity, for psychiatry to clarify the normative elements latent in its concepts and for philosophy to advance understanding of autonomy through the study of decisional dysfunction. The new pressures on medical and legal practice to be more explicit about mental capacity make this work a priority. (shrink)
Martin Heidegger wrote one and only one preface for a scholarly work on his thinking, and it was for William J. Richardson’s study Heidegger: Through Phenomenology to Thought, first published in 1963. Ever since, both Heidegger’s Preface and Richardson’s groundbreaking book have played an important role in Heidegger scholarship. Much has been discussed about these texts over the decades, but what has not been available to students and scholars up to this point is Richardson’s original comments and (...) questions to Heidegger that led to the famous Preface. These are published here for the first time both in the German original and in our English translation. In our commentary we 1) discuss how Heidegger’s Preface came about, 2) explain the source and status of the materials published here, and 3) pair selected passages from Richardson’s text with Heidegger’s reply in his Preface to highlight the consonance of their thinking. (shrink)
Through close readings of Frost's poetry and often ignored prose, Mark Richardson argues that Frost's debates with Van Wyck Brooks, Malcolm Cowley, and H. L. Mencken informed his poetics and his poetic style just as much as did his deep identification with earlier writers like Emerson and William James.
I am going to be discussing a mode of moral responsibility that anglophone philosophers have largely neglected. It is a type of responsibility that looks to the future rather than the past. Because this forward-looking moral responsibility is relatively unfamiliar in the lexicon of analytic philosophy, many of my locutions will initially strike many readers as odd. As a matter of everyday speech, however, the notion of forward-looking moral responsibility is perfectly familiar. Today, for instance, I said I would be (...) responsible for watching my nieces while they swam. Neglecting this responsibility would have been a moral fault. When people marry, they undertake responsibilities, of moral import, of fidelity and mutual support. When people have children, they accrue moral responsibilities to feed, rear, and educate them. Not all forward-looking responsibilities are moral. While finishing this essay, I have had to keep an eye on a number of my administrative responsibilities, and, while reading it, you may well be occasionally distracted by some of your own. The notion of a responsibility that we accrue or take on, to look out for some range of concerns over some range of the future, is, then, perfectly familiar. Because this common notion of forward-looking responsibility has not been integrated into recent moral theory, however, my philosophical discussion of it will initially seem strange. (shrink)
Frances Kamm has for some time now been a foremost champion of non-consequentialist ethics. One of her most powerful non-consequentialist themes has been the idea of inviolability. Morality's prohibitions, she argues, confer on persons the status of inviolability. This thought helps articulate a rationale for moral prohibitions that will resist the protean threat posed by the consequentialist argument that anyone should surely be willing to violate a constraint if doing so will minimize the overall number of such violations. As Kamm (...) put it in a 1992 article, ‘If morality permitted minimizing violations of persons by violating other persons, then each of those saved as well as those persons used to save others would be less inviolable. It is the permission, not any actual violation of persons, that makes this so.’ Now, as thus baldly asserted, this claim borders on the conclusory. It is almost as if the claim were that morality conferred on persons the following status: that of being protected from consequentialism. One wants to hear in what inviolability consists, in more detail, so that we can understand it independently of the negation of consequentialism. And there is also an opposite problem: if inviolability is a good, then why can't consequentialism take it into account? Hence, one also wants to hear why this would not be the case. (shrink)
An analysis of two heuristic strategies for the development of mechanistic models, illustrated with historical examples from the life sciences. In Discovering Complexity, William Bechtel and Robert Richardson examine two heuristics that guided the development of mechanistic models in the life sciences: decomposition and localization. Drawing on historical cases from disciplines including cell biology, cognitive neuroscience, and genetics, they identify a number of "choice points" that life scientists confront in developing mechanistic explanations and show how different choices result in (...) divergent explanatory models. Describing decomposition as the attempt to differentiate functional and structural components of a system and localization as the assignment of responsibility for specific functions to specific structures, Bechtel and Richardson examine the usefulness of these heuristics as well as their fallibility—the sometimes false assumption underlying them that nature is significantly decomposable and hierarchically organized. When Discovering Complexity was originally published in 1993, few philosophers of science perceived the centrality of seeking mechanisms to explain phenomena in biology, relying instead on the model of nomological explanation advanced by the logical positivists (a model Bechtel and Richardson found to be utterly inapplicable to the examples from the life sciences in their study). Since then, mechanism and mechanistic explanation have become widely discussed. In a substantive new introduction to this MIT Press edition of their book, Bechtel and Richardson examine both philosophical and scientific developments in research on mechanistic models since 1993. (shrink)
John Richardson has written an extraordinarily clear and well-informed introduction to Heidegger. The book is very accessible and will serve well the purpose of introducing even a beginner in philosophy or a general audience to Heidegger’s thought. The book will also be a valuable resource for Heidegger scholars. In fact, Richardson’s major achievement is to expose an interpretation of Heidegger’s oeuvre that represents something akin to a “theological turn” in the pragmatist tradition of reading Heidegger. Richardson begins (...) his introduction by commenting the difficulties beginning readers of Heidegger may face, tracing such difficulties back to Heidegger’s attempt at a most simple thinking. The “deeper problem of access” to Heidegger's texts lies not in the grasping of particular notions or a system of claims but in “that he wants, he preaches, a different kind of understanding than the sort or sorts we’re used to” . Richardson explains this difference in unde .. (shrink)
A key to the shortcomings and confusions afflicting 20th century social science seems to be problematic moral underpinnings or "disguised ideologies" that drive much of its research and theory. Philosophical hermeneutics shows great promise for diagnosing this condition and reorienting human science inquiry in helpful ways. However, it has been suggested by a number of thoughtful critics that hermeneutics has not yet taken the full measure of the kinds of "power" that can imbue and distort human communication, including social theory (...) and research. This paper addresses several of these critiques, finds merit in them, but argues that such concerns about power may be able to be addressed more adequately by a hermeneutic approach than by the viewpoints from which they are raised. 2012 APA, all rights reserved). (shrink)
The essays gathered here demonstrate and justify the excitement and promise of cognitive historicism, providing a lively introduction to this new and quickly growing area of literary studies. Written by eight leading critics whose work has done much to establish the new field, they display the significant results of a largely unprecedented combination of cultural and cognitive analysis. The authors explore both narrative and dramatic genres, uncovering the tensions among presumably universal cognitive processes, and the local contexts within which complex (...) literary texts are produced. Alan Richardson's opening essay evaluates current approaches to the study of literature and cognition, locating them on the map of recent literary studies, indicating their most compelling developments to date, and suggesting the most promising future directions. The seven essays that follow provide innovative readings of topics ranging from Shakespeare (Othello, Macbeth, Cymbeline, The Rape of Lucrece) through Samuel Richardson's Clarissa, to contemporary authors Ian McEwan and Gilbert Sorrentino. They underscore some of the limitations of new historicist and post-structuralist approaches to literary cultural studies while affirming the value of supplementing rather than supplanting them with insights and methods drawn from cognitive and evolutionary theory. Together, they demonstrate the analytical power of considering these texts in the context of recent studies of cultural universals, 'theory of mind, ' cognitive categorization and genre, and neural-materialist theories of language and consciousness. This groundbreaking collection holds appeal for a broad audience, including students and teachers of literary theory, literary history, cultural studies, and literature and science studies. (shrink)
The authors review the empirical literature in order to assess which variables are postulated as influencing ethical beliefs and decision making. The variables are divided into those unique to the individual decision maker and those considered situational in nature. Variables related to an individual decision maker examined in this review are nationality, religion, sex, age, education, employment, and personality. Situation specific variables examined in this review are referent groups, rewards and sanctions, codes of conduct, type of ethical conflict, organization effects, (...) industry, and business competitiveness. The review identifies the variables that have been empirically tested in an effort to uncover what is known and what we need to know about the variables that are hypothesized as determinants of ethical decision behavior. (shrink)
Whilst feminist philosophy has frequently engaged with political theory, this original book instead considers legal theory and the practical operation of law. The work considers some of the contested meanings of what it is to be a self, a person or an individual in relation to the law of obligations. The discussion still impacts upon political theory as it concerns the way in which the question of what it is to be a woman has been defined within recent feminist theory. (...) In order to overcome what appears to be a block in feminist legal theory, the book draws together areas of philosophy which are not normally considered within feminist or legal theory. (shrink)
This volume deals with philosophically grounded theories of animal generation as found in two different traditions: one, deriving primarily from Aristotelian natural philosophy and specifically from his Generation of Animals; and another, deriving from two related medical traditions, the Hippocratic and the Galenic. The book contains a classification and critique of works that touch on the history of embryology and animal generation written before 1980. It also contains translations of key sections of the works on which it is focused. It (...) looks at two different scholarly communities: the physicians and philosophers, that share a set of textual resources and philosophical lineages, as well as a shared problem, but that nevertheless have different concerns and commitments. The book demonstrates how those working in these two traditions not only shared a common philosophical background in the arts curricula of the universities, but were in constant intercourse with each other. This book presents a test case of how scholarly communities differentiate themselves from each other through methods of argument, empirical investigation, and textual interpretations. It is all the more interesting because the two communities under investigation have so much in common and yet, in the end, are distinct in a number of important ways. (shrink)
Gabriel Richardson Lear presents a bold new approach to one of the enduring debates about Aristotle's Nicomachean Ethics: the controversy about whether it coherently argues that the best life for humans is one devoted to a single activity, namely philosophical contemplation. Many scholars oppose this reading because the bulk of the Ethics is devoted to various moral virtues--courage and generosity, for example--that are not in any obvious way either manifestations of philosophical contemplation or subordinated to it. They argue that (...) Aristotle was inconsistent, and that we should not try to read the entire Ethics as an attempt to flesh out the notion that the best life aims at the "monistic good" of contemplation. In defending the unity and coherence of the Ethics, Lear argues that, in Aristotle's view, we may act for the sake of an end not just by instrumentally bringing it about but also by approximating it. She then argues that, for Aristotle, the excellent rational activity of moral virtue is an approximation of theoretical contemplation. Thus, the happiest person chooses moral virtue as an approximation of contemplation in practical life. Richardson Lear bolsters this interpretation by examining three moral virtues--courage, temperance, and greatness of soul--and the way they are fine. Elegantly written and rigorously argued, this is a major contribution to our understanding of a central issue in Aristotle's moral philosophy. (shrink)