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)

European Journal of Philosophy, Volume 30, Issue 1, Page 169-181, March 2022.

In this article I argue that phenomenal intentionality fundamentally consists in a horizonality structure, rather than in a relation to a representational content or the determination of accuracy conditions. I provide a distinctive modal model of intentionality that conceives of phenomenal intentionality as the enjoyment of a plus ultra that points beyond what is actual. The directedness of intentionality on the world, thus, consists in “pointing ahead” to possibilities. The principal difficulty for the modal model is logical: the most obvious (...) way of implementing such a structure results in an analogue of Russell’s paradox. However, this paradox can be avoided by fine-tuning the modal logic deployed in this setting. This way of fine-tuning the logic ultimately amounts to intuitive benefits. For, it captures the intensional character of intentionality, since the way that our mental states refer to things is conception-dependent. Moreover, the way I interpret the modal model leads to a conception of intentionality as a feature of dynamic, diachronic patterns in the way that mental acts subjectively appear, rather than as a synchronic property. We ought to think of intentionality as fundamentally a temporal, subjective determination. In a generalization on Sellars’ approach to concepts, I hold that phenomenally intentional mental presentations involve modal laws and are inconceivable without them. (shrink)