A key objective of the law in the assessment of decision-making capacity in clinical settings is to allow clinicians and judges to avoid making value judgements about the reasons that patients use to refuse treatment. This paper advances two lines of argument in respect of this objective. The first is that authorities cannot rationally avoid significant evaluative judgements in the assessment of a patient’s own assessment of the facts of their case. Assessing reasoning is unavoidably value-laden. Yet the underlying motivation (...) behind clinicians’ and the law’s value-neutral aims, ie, the avoidance of undue paternalism, is worth preserving. That being so, the second line of argument will try to show that that underlying motivation is better served in a limited range of cases by embedding a ‘reversibility standard’ in the assessment process so that the patient can, if they wish, and in due course, bring about the consequences that they were prevented from realising as a result of a determination of incapacity. (shrink)

This article advances two views on the role of evaluative judgment in clinical assessments of decision-making capacity. The first is that it is rationally impossible for such assessments to exclude judgments of the values a patient uses to motivate their decision-making. Predictably, and second, attempting to exclude such judgments sometimes yields outcomes that contain intractable dilemmas that harm patients. These arguments count against the prevailing model of assessment in common law countries—the four abilities model—which is often incorrectly advertised as being (...) value-neutral in respect of patient decision-making both by its proponents and in statute. A straightforward evaluative model of capacity assessment which wears its values on its sleeves and is biased against what are called ‘serious prudential mistakes’ avoids these rational and practical problems. (shrink)

The demarcation between science and non-science seems to play an important role in the process of scientific change, as theories regularly transition from being considered scientific to being considered unscientific and vice versa. However, theoretical scientonomy is yet to shed light on this process. The goal of this paper is to tackle the problem of demarcation from the scientonomic perspective. Specifically, we introduce scientificity as a distinct epistemic stance that an agent can take towards a theory. We contend that changes (...) in this stance are to be traced and explained by scientonomy. Thus, we formulate a new law of theory demarcation to account for changes in scientificity within the scientonomic framework. (shrink)

This article takes up the question of whether legal rules are reasons for action. They are commonly regarded in this way, yet are legal rules reasons for action themselves (the reflexivity thesis) or are they instead merely statements of other reasons that we may already have (the paraphrastic thesis)? I argue for a version of the paraphrastic thesis. In doing so, considerable attention is given to the neglected but important puzzle of the opaqueness of rules, which arises out of what (...) some regard as the gap between the evaluative grounds of legal rules and what makes them into reasons for action. After examining an important articulation of the puzzle in the work of Joseph Raz, I argue that the reflexivity thesis is (i) undermined by certain features of rule making and (ii) defeated by the principle of presumptive sufficiency. The result is that it is possible for legal rules to be paraphrastic statements of reasons but, conversely, impossible for them to be reasons in themselves. (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...) difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

It is not uncommon for people to hold bizarre views. Sometimes, these views appear before the courts in mental capacity cases. Judges must then decide if the views are so bizarre that they constitute evidence of incapacity or, instead, if those views are the everyday sort that do not constitute such evidence. The idea behind the distinction is that the everyday sort can be false but, in some important sense, not that unreasonable. But what should tip the balance of reasons (...) for a view to count as severely unreasonable rather than merely so? It turns out that capacity law is unable to provide a principled answer to this question because it lacks a standard to parse beliefs. This paper offers such a standard, focussing on the ability to reason, or the ‘use and weigh’ criterion, which features in most capacity statutes. The standard takes the form of a threshold with four necessary conditions. The main idea is that when a person's belief satisfies those conditions, it counts as evidence of an inability to reason. The standard's objective is to displace the various unarticulated conceptions of reasonableness which judges are currently compelled to use to determine questions of reasoning ability. (shrink)

This paper presents a diagrammatic notation for visualizing epistemic entities and relations. The notation was created during the Visualizing Worldviews project funded by the University of Toronto’s Jackman Humanities Institute and has been further developed by the scholars participating in the university’s Research Opportunity Program. Since any systematic diagrammatic notation should be based on a solid ontology of the respective domain, we first outline the current state of the scientonomic ontology. We then proceed to providing diagrammatic tools for visualizing the (...) epistemic entities and relations of this ontology. These basic diagramming techniques allow us to construct diagrams of various types for both synchronic and diachronic visualizations. The paper concludes by highlighting some future research directions. As the notation presented here is de facto accepted and used in scientonomy, the paper suggests no modifications. (shrink)

Design plays an integral role in the functions of modern society. Yet the abstract process by which designers carry out their work is not obvious. The study of design thinking has grown in recent years into a major area of academic research, yet it presently lacks a clear theoretical basis; and as a discipline, its methodologies are disparate. Here, we outline and clarify the framework of the scholarly study of design thinking, introducing the major ideas and concepts upon which the (...) field is based. We then discuss in detail the various methodological issues of the field, and argue that, in its current state, the field of design thinking cannot sustain itself as an independent area of academic research. We suggest that design thinking may best be studied from a sociological or science, technology, and society (STS) studies perspective. (shrink)

In this seventh book of scilogs collected from my nest of ideas, one may find new and old questions and solutions, referring to different scientific topics – email messages to research colleagues, or replies, notes about authors, articles, or books, so on. -/- Exchanging ideas with Akeem Adesina A. Agboola, Muhammad Akram, Octavian Blaga, Said Broumi, Kajal Chatterjee, Vic Christianto, Octavian Cira, Mihaela Colhon, B. Davvaz, Luu Quoc Dat, R. Dhavaseelan, Jean Dezert, Hoda Esmail, Reza Farhadian, Ervin Goldfain, Muhammad Gulistan, (...) Yanhui Guo, Keli Hur, Saeid Jafari, W. B. Vasantha Kandasamy, J. Kim, J.G. Lee, Xinde Li, P. K. Lim, R. K. Mohanty, Mumtaz Ali, To Santanu Kumar Patro, Xu Peng, Dmitri Rabounski, Nouran Radwan, A.A. Salama, Musavarah Sarwar, Ganeshsree Selvachandran, Le Hoang Son, Selçuk Topal, Andrușa Vătuiu, Ștefan Vlăduțescu, Xiaohong Zhang.‬‬‬. (shrink)