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  1. The Conflation of Competence and Capacity in English Medical Law: A Philosophical Critique. [REVIEW]Philip Bielby - 2005 - Medicine, Health Care and Philosophy 8 (3):357-369.
    Ethical and legal discourse pertaining to the ability to consent to treatment and research in England operates within a dualist framework of “competence” and “capacity”. This is confusing, as while there exists in England two possible senses of legal capacity – “first person” legal capacity and “delegable” legal capacity, currently neither is formulated to bear a necessary relationship with decision-making competence. Notwithstanding this, judges and academic commentators frequently invoke competence to consent in discussions involving the validity of offering or withholding (...)
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  • Emotion and Motivation: Toward Consensus Definitions and a Common Research Purpose.Peter J. Lang - 2010 - Emotion Review 2 (3):229-233.
    Historically, the hypothesis driving emotion research has been that emotion’s data-base—in language, physiology, and behavior— is organized around specific mental states, as reflected in evaluative language. It is suggested that this approach has not greatly advanced a natural science of emotion and that the developing motivational model of emotion defines a better path: emotion is an evolved trait founded on motivational neural circuitry shared by mammalian species, primitively prompting heightened perceptual processing and reflex mobilization for action to appetitive or threatening (...)
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  • The Somatic Marker Revisited: Brain and Body in Emotional Decision Making.Hideki Ohira - 2010 - Emotion Review 2 (3):245-249.
    One important function of emotions is to guide decision making and behaviors for survival in complex environments. In the context of such reasoning, the somatic marker hypothesis (Damasio, 1994) has argued that bodily states are represented in specific brain regions, such as the insula, and would play critical roles in decision making. However, it still remains unclear what causal roles bodily states would play in decision making, and how the bodily states would change accompanying decision making. Thus, the aim of (...)
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  • From Cure to Community: Transforming Notions of Autism.Nancy Bagatell - 2010 - Ethos: Journal of the Society for Psychological Anthropology 38 (1):33-55.
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  • Affect is a form of cognition: A neurobiological analysis.Seth Duncan & Lisa Feldman Barrett - 2007 - Cognition and Emotion 21 (6):1184-1211.
    In this paper, we suggest that affect meets the traditional definition of “cognition” such that the affect–cognition distinction is phenomenological, rather than ontological. We review how the affect–cognition distinction is not respected in the human brain, and discuss the neural mechanisms by which affect influences sensory processing. As a result of this sensory modulation, affect performs several basic “cognitive” functions. Affect appears to be necessary for normal conscious experience, language fluency, and memory. Finally, we suggest that understanding the differences between (...)
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  • Ought we to require emotional capacity as part of decisional competence?Paul S. Appelbaum - 1998 - Kennedy Institute of Ethics Journal 8 (4):377-387.
    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 (...)
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  • Emotion Regulation and the Cognitive-Experimental Approach to Emotional Dysfunction.Colin MacLeod & Romola S. Bucks - 2011 - Emotion Review 3 (1):62-73.
    Since the 1980s, there has been a steady growth of interest in the psychological mechanisms that regulate normal emotional experience. In this same period, cognitive-experimental researchers have sought to delineate the information processing biases that characterize emotional disorders. Exciting potential synergies exist between these two areas of investigation. In this article, we consider ways in which reciprocal benefits could be gained by the constructive transfer of theoretical ideas and methodological approaches between emotion regulation researchers and cognitive-experimental investigators. We also discuss (...)
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  • Emotion Knowledge, Emotion Utilization, and Emotion Regulation.Carroll E. Izard, Elizabeth M. Woodburn, Kristy J. Finlon, E. Stephanie Krauthamer-Ewing, Stacy R. Grossman & Adina Seidenfeld - 2011 - Emotion Review 3 (1):44-52.
    This article suggests a way to circumvent some of the problems that follow from the lack of consensus on a definition of emotion (Izard, 2010; Kleinginna & Kleinginna, 1981) and emotion regulation (Cole, Martin, & Dennis, 2004) by adopting a conceptual framework based on discrete emotions theory and focusing on specific emotions. Discrete emotions theories assume that neural, affective, and cognitive processes differ across specific emotions and that each emotion has particular motivational and regulatory functions. Thus, efforts at regulation should (...)
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  • Neuroscience and ethics: Intersections.Antonio Damasio - 2007 - American Journal of Bioethics 7 (1):3 – 7.
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  • Embodied and Disembodied Emotion Processing: Learning From and About Typical and Autistic Individuals.Piotr Winkielman, Daniel N. McIntosh & Lindsay Oberman - 2009 - Emotion Review 1 (2):178-190.
    Successful social functioning requires quick and accurate processing of emotion and generation of appropriate reactions. In typical individuals, these skills are supported by embodied processing, recruiting central and peripheral mechanisms. However, emotional processing is atypical in individuals with autism spectrum disorder (ASD). Individuals with ASD show deficits in recognition of briefly presented emotional expressions. They tend to recognize expressions using rule-based, rather than template, strategies. Individuals with ASD also do not spontaneously and quickly mimic emotional expressions, unless the task encourages (...)
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  • Moral Undertow and the Passions: Two Challenges for Contemporary Emotion Regulation.Louis C. Charland - 2011 - Emotion Review 3 (1):83-91.
    The history and philosophy of affective terms and concepts contains important challenges for contemporary scientific accounts of emotion regulation. First, there is the problem of moral undertow. This arises because stipulating the ends of emotion regulation requires normative assumptions that ultimately derive from values and morals. Some historical precedents are considered to help explain and address this problem. Second, there is the problem of organization. This arises because multiple emotions are often organized and oriented in very particular ways over the (...)
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  • Is Mr. Spock mentally competent? Competence to consent and emotion.Louis C. Charland - 1998 - Philosophy, Psychiatry, and Psychology 5 (1):67-81.
    Most contemporary models and tests for mental competence do not make adequate provision for the positive influence of emotion in the determination of competence. This most likely is due to a reliance on an outdated view of emotion according to which these models are essentially noncognitive. Leading developments in modern emotion theory indicate that this noncognitive theory of emotion is no longer tenable. Emotions, in fact, are essentially representational in a manner that makes them “cognitive” in an important sense. This (...)
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  • Criteria for patient decision making (in)competence: A review of and commentary on some empirical approaches. [REVIEW]Sander P. K. Welie - 2001 - Medicine, Health Care and Philosophy 4 (2):139-151.
    The principle of autonomy presupposes Patient Decision Making Competence (PDMC). For a few decades a considerable amount of empirical research has been done into PDMC. In this contribution that research is explored. After a short exposition on four qualities involved in PDMC, different approaches to assess PDMC are distinguished, namely a negative and a positive one. In the negative approach the focus is on identifying psychopathologic conditions that impair sound decision making; the positive one attempts to assess whether a patient (...)
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  • Competence to Make Treatment Decisions in Anorexia Nervosa: Thinking Processes and Values.Jacinta Tan, Anne Stewart, Ray Fitzpatrick & R. A. Hope - 2006 - Philosophy, Psychiatry, and Psychology 13 (4):267-282.
    This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...)
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  • Appreciation and emotion: Theoretical reflections on the Macarthur treatment competence study.Louis C. Charland - 1998 - Kennedy Institute of Ethics Journal 8 (4):359-376.
    When emotions are mentioned in the literature on mental competence, it is generally because they are thought to influence competence negatively; that is, they are thought to impede or compromise the cognitive capacities that are taken to underlie competence. The purpose of the present discussion is to explore the possibility that emotions might play a more positive role in the determination of competence. Using the MacArthur Treatment Competence Study as an example, it is argued that appreciation, a central theoretical concept (...)
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  • Reason, emotion and decision-making: risk and reward computation with feeling.Steven R. Quartz - 2009 - Trends in Cognitive Sciences 13 (5):209-215.
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  • Personality disorder and competence to refuse treatment.E. Winburn & R. Mullen - 2008 - Journal of Medical Ethics 34 (10):715-716.
    The traditional view that having a personality disorder, unlike other mental disorders, is not usually reason enough to consider a person incompetent to make healthcare decisions is challenged. The example of a case in which a woman was treated for a physical disorder without her consent illustrates that personality disorder can render a person incompetent to refuse essential treatment, particularly because it can affect the doctor–patient relationship within which consent is given.
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  • (1 other version)Anorexia and the MacCAT-T Test for Mental Competence: Validity, Value, and Emotion.Louis C. Charland - 2006 - Philosophy, Psychiatry, and Psychology 13 (4):283-287.
    In lieu of an abstract, here is a brief excerpt of the content:Anorexia and the MacCAT-T Test for Mental Competence:Validity, Value, and EmotionLouis C. Charland (bio)Keywordsmental competence, decisional capacity, anorexia, value, emotionValidity of the MacCAT-THow does one scientifically verify a psychometric instrument designed to assess the mental competence of medical patients who are asked to consent to medical treatment? Aside from satisfying technical requirements like statistical reliability, results yielded by such a test must conform to at least some accepted pretheoretical (...)
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