A crucial question in relation to support designed to enable the legal capacity of people with mental disabilities concerns when support constitutes undue influence. This article addresses this question in order to facilitate the development of law and policy in England and Wales, by providing a normative analysis of the different approaches to undue influence across decisions about property, contracts, health, finances, and accommodation. These are all potential contexts for supporting legal capacity, and, in doing so, the article compares approaches (...) to undue influence that are rarely considered together. -/- Drawing on the UN Convention on the Rights of Persons with Disabilities, third sector and public body documents, and law in England and Wales, the analysis identifies six models that conceptualise undue influence in terms of: modes of influence; an overborne will; an inference from the situation; an overborne will understood as a mental incapacity; an overborne will in connection with vulnerability; and impaired discursive control. This final approach is a novel proposal for understanding undue influence. The analysis highlights key policy-relevant issues that distinguish the models, and generates a deliberative framework for navigating them, with the ‘overborne will’, ‘inference-based’, and ‘discursive control’ models identified as potentially fitting for the support context. (shrink)

The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is being used to argue for wider recognition of the legal capacity of people with mental disabilities. This raises a question about the implications of the Convention for attributions of criminal responsibility. The present paper works towards an answer by analysing the relationship between legal capacity in relation to personal decisions and criminal acts. Its central argument is that because moral and political considerations play an essential role in (...) setting the relevant standards, legal capacity in the context of personal decisions and criminal acts should not be thought of as two sides of the same coin. The implications of particular moral or political norms are likely to be different in these two legal contexts, and this may justify asymmetries in the relevant standards for legal capacity. However, the analysis highlights a fundamental question about how much weight moral or political considerations should be given in setting these standards, and this is used to frame a challenge to those calling for significantly wider recognition of the legal capacity of people with mental disabilities on the basis of the Convention. (shrink)

This article investigates the ability of mental incapacity tests to account for problems of control, through a study of the approach to alcohol dependence and a comparison with the approach to anorexia nervosa, in England and Wales. The focus is on two areas of law where questions of legal and mental capacity arise for people who are alcohol dependent: decisions about treatment for alcohol dependence and diminished responsibility for a killing. The mental incapacity tests used in these legal contexts are (...) importantly different—one involves a ‘cognitive’ test, while the other includes an explicit impaired-control limb—and the comparison provides insight into a longstanding debate about the virtues of one type of test over the other. It is shown that both kinds of test can take control problems into account, but also that both can be interpreted in narrow and wide ways that significantly influence the outcome of the assessment. It is therefore argued that to a large extent, it is not the kind of mental incapacity test that matters, but how the test is interpreted. It is further proposed that value judgements are playing an unrecognised and inappropriate role in shaping this interpretation. This raises concerns about the current approach to assessing the impact of alcohol dependency on the capacity to make decisions about alcohol use or treatment, as well as broader concerns about flexibility within incapacity tests. (shrink)

In this chapter, our focus is the role played by notions of rationality in the diagnosis of mental disorders, and in the practice of overriding patient autonomy in psychiatry. We describe and evaluate different hypotheses concerning the relationship between rationality and diagnosis, raising questions about what features underpin psychiatric categories. These questions reinforce widely held concerns about the use of diagnosis as a justification for overriding autonomy, which have motivated a shift to mental incapacity as an alternative justification. However, this (...) approach too has recently been criticized from a mental disability rights perspective. Our analysis of the relationship between mental capacity and rationality is used to illuminate these concerns, and to investigate further the relationship between rationality and psychiatric diagnosis. (shrink)

“Black Star” music video was released two days before Bowie’s death. It bears various implications of dying and the notion of mortality is both literal and metaphorical. It is highly autobiographical and serves as a theatrical stage for Bowie to act both as a music performer and as a self-conscious human being. In this paper, we discuss the signs of mortality in Bowie’s “Black Star” music video-clip. We focus on video’s cinematic techniques and codes, on its motivic (...) elements and on its narrative in relation with music, lyrics, characters, and gestures. We also discuss the video’s intertextual references and the broader signification of the black star figure. We adopt a quasi-semiotic approach considering “Black Star” music video-clip as a text which can be investigated through its signs, codes, and conventions of the musical, visual, and cinematic languages as well. Our interdisciplinary tools derive from visual semiotics and audiovisual analysis models, without leaving outside Bowie’s musical-artistic and personal history. As it turns out, Bowie created a video clip that is philosophical in nature and poetic in structure, preserving the role of protagonist. With the visuals creating a psychedelic atmosphere, the lyrics often are heard as a personal confession. They both generate cognitive and emotional responses that influence the way the viewers-listeners may experience, decompose, and interpret Bowie’s artistic endeavor bridging life and death. (shrink)

This paper examines global English language newspaper coverage of the death of David Bowie. Drawing upon the concept of reification, it is argued that the notion of celebrity is discursively (re)produced and configured through a ‘public face’ that is defined, maintained and shaped via media reports and public responses that aim to know and reflect upon celebrity. In this paper, the findings highlight how Bowie’s reification was supported by discourses that represented him as an observable, reified form. Here, (...) Bowie’s ‘reality’, that is, his authentic/veridical self, was obscured behind a façade of mediation, interpretation and representation, that debated and decided his ‘authenticity’ as a cultural icon. Such debates, however, were engagements with a reified image, enveloped in continual (re)interpretation. As a result, Bowie’s reification was grounded in a polysemous process that allowed numerous versions of ‘himself’ to be aesthetically reimagined, reinvented and repeated. (shrink)

This examination provides a history of the problematic characterisation of Early German Romanticism (or Frühromantik) as subjectivist, and challenges this characterisation in light of recent scholarship. From its earliest critical reception in the early nineteenth century, the movement suffered from a set of problematic characterisations made by popular philosophical figures. Goethe, Hegel, Heine, Kierkegaard and others all criticised the movement for holding a dangerous subjective egoism. This characterisation remained with the Frühromantik throughout the twentieth century until it was challenged by (...) recent re-evaluations offered by figures such as Dieter Henrich, Manfred Frank, Frederick Beiser and Andrew Bowie. Their work has opened new possibilities for the re-interpretation of Frühromantik and our understanding of the movement’s religious thought. (shrink)

Friedrich Schlegel’s remarks about poetry and reality are notoriously baffling. They are often regarded as outlandish, or “poetically exaggerated” statements, since they are taken to suggest that there is no difference between poetry and reality or to express the view that there is no way out of linguistic and poetic constructions (Bowie). I take all these responses to be mistaken, and argue that Schlegel’s remarks are philosophical observations about a genuine confusion in theoretical approaches to the distinction between fiction (...) and reality. The confusion at stake involves the assumption that this distinction is and must be fixed independently of the ordinary practices of using these terms to mean certain things in specific situations. And this assumption itself is grounded fundamentally in a confused picture about the way language works. I argue that this confused understanding of the distinction between fiction and reality is not an object of the past, but a picture that is still shaping a central strand in the contemporary debate in philosophical aesthetics about our emotional responses to fiction. And while I do not use Schlegel’s approach to argue against this contemporary view directly, I suggest that his philosophical method includes the resources for unraveling a central confusion in this contemporary debate. (shrink)

The Guggenheim’s spring retrospective of the seminal Swedish painter, Hilma Af Klint, has, naturally, evoked a multitude of art critics and visual culture scholars who laud her radical abstraction which, at the beginning of the 20th century, preceded Kandinsky, Malevich, Mondrian. Yet, where much attention has been given to the symbology and motifs riddling Klint’s work – bold, private, untethered and nonrepresentational as they are – there has been a modicum of nuanced thought on how, exactly, esotericism and theology fomented (...) Klint’s pedagogical projects. Jillian Steinhauer, for instance, has underscored Klint’s naturalistic watercolors; featuring flowers and lifelike drawings of women; Summer Landscape (1888) suggests Klint’s technical aptitude for rendering light. Jadranka Ryle, in a clever article titled “Reinventing the Yggdrasil,” invokes Klint’s motif of the Yggdrasil, or the holy tree of Norse mythology, as a political axle for Nordic romanticism. Ryle makes the claim that by redirecting the Yggdrasil towards androgynous abstraction, Klint’s engagement with Norse mythology subverts the nationalist and patriarchal romanticism that previously characterized the nineteenth century’s use of the Yggdrasil. Others have adroitly uncovered biographical fragments from Klint’s life, detailing how she and four friends formed De Fem (“the Five”), an exclusively female coven that met weekly, praying, meditating, and holding seances to commune with spiritual guides. Rather than poise the Swedish maverick within the cannon of abstraction qua a political praxis, feminist subject-being, or historiography – projects that have been exhaustively overwrought, to the point of rendering Klint’s work both mute and reductively technical– I would like to take this time to closely examine simply one of Klint’s paintings and foreground it as an axiomatic modernist injunction between metaphysics and epistemology. (shrink)

Warren Zevon’s musical career, though brilliant throughout, is particularly notable for its ending: diagnosed with a terminal illness, Zevon refused a potentially debilitating medical treatment to put his remaining energy into recording another album. The resulting record –2003’s 'The Wind' – was in many ways the perfect farewell: songs of dirty, dark, uncompromising, country-tinged rock, blistering guitar solos, all mixed with intelligent, black-as-coal gallows humour. But it was also a moving farewell to his fans, a heartfelt, personal reflection on his (...) life and impending death: it begins with the words “sometimes I feel like my shadow’s casting me” and ends with “keep me in your heart for a while”. 'The Wind' ranks among Zevon’s very best and belongs in the same category as albums like David Bowie’s 'Blackstar' and Leonard Cohen’s 'You Want It Darker': works of great artists that knew the end was coming and made that knowledge musical. But though it had a particular force towards the end, death had always featured as a prominent theme in Zevon’s music. In fact, the albums that preceded his terminal diagnosis – especially 2000’s 'Life’ll Kill Ya' – have a marked preoccupation with death and dying, and many of his song’s characters (gunmen, gangsters, boxers, murderers of all stripes) either dealt death out, died, or both. -/- In this chapter, I argue that Zevon’s music and speech in his late public appearances personify an idea in Martin Heidegger’s philosophy called ‘authentic being-towards-death’. In his landmark text 'Being and Time', Heidegger undertakes a painstaking analysis of human existence. One of its conclusions is that to live a fully authentic life, we must reckon with our mortality, come to terms with it and allow this reckoning to have a transformative effect on how we live and how we think about our existence. This results, Heidegger argues, in a distinct way of being that he calls ‘being-towards-death’ and ‘anticipatory resoluteness’ in the face of death. Authentic being, which involves properly taking ownership of our lives and their meaning, cannot be adequately achieved without a serious confrontation with the fact that we will one day die. I claim that Warren Zevon’s music, with its continual engagement with death which culminates in 'The Wind', is one of the great musical manifestations of exactly this type of project. Heidegger’s writing is often notoriously abstract, but it pertains to the most fundamental issues about what it means to be human. Engaging with it alongside Zevon’s music provides a fruitful opportunity to make it concrete, better able to understand its most important aspects while providing an interesting conceptual toolkit to apply to the music of one of the great songwriters of death. (shrink)