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)

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)

We show that cast shadows can have a significant influence on the speed of visual search. In particular, we find that search based on the shape of a region is affected when the region is darker than the background and corresponds to a shadow formed by lighting from above. Results support the proposal that an early-level system rapidly identifies regions as shadows and then discounts them, making their shapes more difficult to access. Several constraints used by this system are mapped (...) out, including constraints on the luminance and texture of the shadow region, and on the nature of the item casting the shadow. Among other things, this system is found to distinguish between line elements (items containing only edges) and surface elements (items containing visible surfaces), with only the latter deemed capable of casting a shadow. (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)

Often when there is no attention to an object, there is no conscious perception of it either, leading some to conclude that conscious perception is an attentional phenomenon. There is a well-known perceptual phenomenon—visuo-spatial crowding, in which objects are too closely packed for attention to single out one of them. This article argues that there is a variant of crowding—what I call ‘‘identity-crowding’’—in which one can consciously see a thing despite failure of attention to it. This conclusion, together with new (...) evidence that attention to an object occurs in unconscious perception, suggests there may be a double dissociation between conscious perception of an object and attention to that object, constraining the extent to which consciousness can be constitutively attentional. The argument appeals to a comparison between the minimal resolution (or ‘‘grain’’) of object-attention and object-seeing. (shrink)