There is a long-standing tradition of questioning the viability and scientificity of first-person methods. Husserlian reflective methodology, in particular, has been challenged on the basis of its perceived inability to meet the standards of objectivity and reliability, leading to what has been called “phenomenological skepticism” ( Roy, 2007 ). In this article, I reassess this line of objection by outlining Daniel C. Dennett’s empirically driven skepticism and reconstructing his methodological arguments against Husserlian phenomenology. His ensuing phenomenological skepticism is divided into (...) strong skepticism and categorical and gradual versions of weak skepticism. Both strands of Dennett’s criticism are then countered by analyzing the key components of Husserl’s method of phenomenological reflection: epoché and transcendental reduction, intentional analysis, eidetic variation, and intersubjective validation. Laying out the basic features of phenomenological reflection serves two purposes. First, it undermines Dennett’s methodological arguments, which are based on the unfounded assumptions that Husserl is committed to introspection, methodological solipsism, the first-person-plural presumption, and the lone-wolf approach. Second, it shows how Husserl’s own methodology can alleviate the more justified empirical worries concerning overinterpretation, underdescription, and disagreement. Finally, I argue that gradual weak skepticism is the only plausible form of phenomenological skepticism and conclude that Husserlian methodology is well-equipped to combat it. (shrink)

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 (...) focuses attention on individual cognitive performance criteria, an approach oriented by second-person phenomenology brings into view the complex role of time, others and identity in constituting the capacity for individual autonomous judgement. Our phenomenological analysis has consequences both for the practice of capacity assessments and for further research in this arena. Good practice in capacity assessment must attend to decision communities, distributed capacity, and temporal competence, while research on mental capacity will miss the phenomenon if it trains its focus ‘between the ears.’ We illustrate our approach by considering two recent cases of contested capacity: one involving cognitive disability in a dysfunctional decision community, the second presenting the possibility of competent decision-making under conditions of paranoid schizophrenia. (shrink)