Under the current Mental Health Act of England and Wales, it is lawful to perform deep brain stimulation in the absence of consent and independent approval. We argue against the Care Quality Commission's preferred strategy of addressing this problematic issue, and offer recommendations for deep brain stimulation-specific provisions in a revised Mental Health Act.

It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision (...) on their behalf). -/- To what extent does having capacity require the endorsement of certain values? Drawing on Owens et al (2009), I assess the extent to which understanding relevant information and weighing it in coming to a decision requires certain evaluative commitments. With reference to literature on anorexia nervosa and decisions informed by religious beliefs, I argue that it is difficult to avoid the conclusion that the conditions for capacity are value-laden, and that if this is so it is important to open discussion about which patterns of distorted valuing undermine capacity, and why. (shrink)

This chapter examines the mechanistic psychology of Descartes in the _Passions_, while also drawing on the _Treatise on Man_. It develops the idea of a Cartesian “psychology” that relies on purely bodily mechanisms by showing that he explained some behaviorally appropriate responses through bodily mechanisms alone and that he envisioned the tailoring of such responses to environmental circumstances through a purely corporeal “memory.” An animal’s adjustment of behavior as caused by recurring patterns of sensory stimulation falls under the notion of (...) “learning,” behavioristically conceived. Indeed, Descartes’s animal-machine hypothesis may well be a distant ancestor to Watsonian behaviorism, via T. H. Huxley (1884). The final two sections of the chapter take stock of what psychological capacities Descartes ascribed to mind, body, or both, and consider those capacities that we might now plausibly construe as being explicable by nonmentalistic mechanisms as opposed to those that at present remain unreducedly mentalistic. -/- This chapter derives from a lecture delivered at the University of King's College (Halifax, Nova Scotia) as part of a year-long series on Descartes and the Modern. The lecture series was co-sponsored by the programs in History of Science and Early Modern and Contemporary Studies. (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)

Most philosophers assume (often without argument) that belief is a mental state. Call their view the orthodoxy. In a pair of recent papers, Matthew Boyle has argued that the orthodoxy is mistaken: belief is not a state but (as I like to put it) an act of reason. I argue here that at least part of his disagreement with the orthodoxy rests on an equivocation. For to say that belief is an act of reason might mean either (i) that (...) it’s an actualization of its subject’s rational capacities or (ii) that it’s a rational activity (hence, a certain kind of event). And, though belief is not an act of reason in the second sense, it may nonetheless be one in the first: it may be a static actualization of its subject’s rational capacities. (shrink)

Editorial introduction to series of papers resulting from a European Commission Project on mental capacity.

Reigning orthodoxy in the philosophical study of human rational capacities, such as being able to act intentionally and to reason, is to characterize them in causal psychological terms. That is, to analyze these capacities in terms of mental states and their causal relations. It is against this background that the work of G.E.M. Anscombe has gained renewed interest. The main goal of this chapter is twofold. First, I will explicate Anscombe’s philosophical approach by analyzing her account of intentional action (...) and by relating it to the misperceptions of that account in (the history of) the philosophy of action. Importantly, Anscombe holds that an analysis of intentional action in terms of what it is, e.g., an event with certain specific features, cannot provide non-circular explanations. Instead, following Aristotle, Thomas Aquinas and Wittgenstein, Anscombe seeks to explicate intentional action in terms of its form, i.e., the way in which it exists. The second aim of the chapter is to show the import of Anscombe’s approach by applying it to the philosophy of reasoning. After discussing two main problems for the current orthodox view in epistemological debates on reasoning, I will propose an alternative Anscombe-inspired view of reasoning. In this so-called form view of reasoning, reasoning is characterized as a tool to drag out implications, embodied in judgments of the form p as following from q. The upshot of the chapter is that concepts of our rational capacities do not depict certain psychological states or processes, but rather our involvement with rational connections that exist in our lives and practices. (shrink)

Cases of severe and enduring Anorexia Nervosa (SEAN) rightly raise a great deal of concern around assessing capacity to refuse treatment (including artificial feeding). Commentators worry that the Court of Protection in England & Wales strays perilously close to a presumption of incapacity in such cases (Cave and Tan 2017, 16), with some especially bold (one might even say reckless) observers suggesting that the ordinary presumption in favor of capacity ought to be reversed in such cases (Ip 2019). (...) -/- Those of us who worry that such trends and proposals amount to (or at least pose a serious threat of) wrongful discrimination on the grounds of disability nevertheless feel the pull of judging many SEAN service users to be incapacitous with respect to decisions regarding (perhaps amongst other things) treatments involving feeding, artificial or otherwise. But it is difficult to get to grips with exactly what their incapacity consists in. Many such service users seem able to understand, retain, use and weigh information, and express a decision (i.e. they seem, prima facie, to satisfy the ‘MacArthur’ criteria). At the very least, they do not, generally. (shrink)

In 2016, this Journal published an article by Rob Lawlor1 on what we might call the acceptance-refusal asymmetry in competence requirements. This is the view that there can be cases in which a patient is sufficiently competent to accept a treatment ( viz., to give consent to it), but not sufficiently competent to refuse it ( viz., to withhold consent to it). Though the main purpose of Lawlor’s paper was to distinguish this asymmetry from various other asymmetries with which it (...) has sometimes been confused,1 Lawlor also presented a brief case in favour of it. Developing an earlier argument of Ian Wilks’,2 3 Lawlor argued that, when the risks associated with refusing a treatment are graver than those associated with accepting it, a higher level of competence may be required to refuse a treatment than to accept it. This claim could have important implications for the law, since determinations of competence often play a central role in determining the lawfulness of refusing or imposing a treatment (eg, in England and Wales under the Mental Capacity Act 2005). Indeed, the acceptance-refusal asymmetry in competence requirements, or something close to it, has played an important role in court judgments.2 However, Lawlor himself suggests that his conclusion will have practical implications only in a narrow range of cases.3 In this issue, Pickering, Giles Newton-Howes and Simon Walker (henceforth ‘the authors’) respond to Lawlor’s piece.4 They deny that competence requirements should depend on the level of risk associated with a decision, and thus that there is any basis for the acceptance-refusal asymmetry in competence requirements. Part of the authors’ argument involves contesting the way in which Lawlor uses cases to support his view. In one case cited by Lawlor—and drawn from Wilks—we are invited to consider a whether …. (shrink)

Mackenzie Graham has made an important contribution to the literature on decisionmaking for patients with disorders of consciousness. He argues, and I agree, that decisions for unresponsive patients who are known to retain some degree of covert awareness ought to focus on current interests, since such patients likely retain the kinds of mental capacities that in ordinary life command our current respect and attention. If he is right, then it is not appropriate to make decisions for such patients by (...) appealing to the values they had in the past, either the values expressed in an advance directive or the values recalled by a surrogate. There are two things I wish to add to the discussion. My first point is somewhat critical, for although I agree with his general conclusion about how, ideally, such decisions should be approached, I remain skeptical about whether his conclusion offers decisionmakers real practical help. The problem with these cases is that the evidence we have about the nature of the patient’s current interests is minimal or nonexistent. However—and this is important—Graham’s conclusion will be extremely relevant if in the future, our ability to communicate with such patients improves, as I hope it will. This leads to my second point. Graham’s conclusion illustrates a more general problem with our standard framework for decisionmaking for previously competent patients, a problem that has not been adequately recognized. So, in what follows, I explain the problem I see and offer some brief thoughts about solutions. (shrink)

This article draws upon the civic republican tradition to offer new conceptual resources for the normative assessment of mental capacity law. The republican conception of liberty as non-domination is used to identify ways in which such laws generate arbitrary power that can underpin relationships of servility and insecurity. It also shows how non-domination provides a basis for critiquing legal tests of decision-making that rely upon ‘diagnostic’ rather than ‘functional’ criteria. In response, two main civic republican strategies are recommended (...) for securing freedom in the context of the legal regulation of psychological disability: self-authorisation techniques and participatory shaping of power. The result is a series of proposals for the reform of decisional capacity law, including a transition towards purely functional assessment of decisional capacity, surer legal footing for advanced care planning, and greater control over the design and administration of decision-making capacity laws by those with psychological disabilities. (shrink)

It is a characteristic feature of our mental make-up that the same perceptual input situation can simultaneously elicit conflicting mental perspectives. This ability pervades our perceptual and cognitive domains. Striking examples are the dual character of pictures in picture perception, pretend play, or the ability to employ metaphors and allegories. I will argue that traditional approaches, beyond being inadequate on principle grounds, are theoretically ill-equipped to deal with these achievements. I will then outline a theoretical perspective that has (...) been emerging from a theoretical convergence of perceptual psychology, ethology, linguistics, and developmental research. On the basis of this framework, I will argue that corresponding achievements are brought forth by a specific type of functional architecture whose core features are: (i) a perceptual system that is biologically furnished with a rich system of conceptual forms, (ii) a triggering relation between the sensory input and conceptual forms by which the same sensory input can be exploited by different types or systems of conceptual forms, and (iii) computational principles for handling semantically underspecified conceptual forms. Characteristic features of the proposed theoretical framework will be pointed out using the Heider-Simmel phenomenon as an example. (shrink)

It is well documented that people with moderate-to-severe traumatic brain injury (TBI) can undergo personality changes, including becoming more impulsive in terms of how they behave. Legal guidance and academic commentary support the view that impulsiveness can render someone decisionally incompetent as defined by English and Welsh law. However, impulsiveness is a trait found within the healthy population. Arguably, impulsiveness is also a trait that gives rise to behaviours that should normally be tolerated even when they cause harm to the (...) person enacting the behaviours. The purpose of this paper is to show why both of these considerations present as significant challenges to the law in England and Wales. (shrink)

In a number of articles, Hans-Johann Glock has argued against the »lingualist« view that higher mental capacities are a prerogative of language-users. He has defended the »assimilationist« claim that the mental capacities of humans and of non-human animals differ only in degree. In the paper under discussion, Glock argues that animals are capable of acting for reasons, provided that reasons are construed along the lines of the new »objectivist« theory of practical reasons.

In a number of articles, Hans-Johann Glock has argued against the »lingualist« view that higher mental capacities are a prerogative of language-users. He has defended the »assimilationist« claim that the mental capacities of humans and of non-human animals differ only in degree. In the paper under discussion, Glock argues that animals are capable of acting for reasons, provided that reasons are construed along the lines of the new »objectivist« theory of practical reasons. The paper critizices these views.

The relation between body and mind is one of the oldest riddles that has puzzled mankind. That material and mental events may interact is accepted even by the law: our mental capacity to concentrate on the task can be seriously reduced by drugs. Physical and chemical processes may act upon the mind; and when we are writing a difficult letter, our mind acts upon our body and, through a chain of physical events, upon the mind of the (...) recipient of the letter. This is what the authors of this book call the 'interaction of mental and physical events'. We know very little about this interaction; and according to recent philosophical fashions this is explained by the alleged fact that we have brains but no thoughts. The authors of this book stress that they cannot solve the body mind problem; but they hope that they have been able to shed new light on it. Eccles especially with his theory that the brain is a detector and amplifier; a theory that has given rise to important new developments, including new and exciting experiments; and Popper with his highly controversial theory of 'World 3'. They show that certain fashionable solutions which have been offered fail to understand the seriousness of the problems of the emergence of life, or consciousness and of the creativity of our minds. In Part I, Popper discusses the philosophical issue between dualist or even pluralist interaction on the one side, and materialism and parallelism on the other. There is also a historical review of these issues. In Part II, Eccles examines the mind from the neurological standpoint: the structure of the brain and its functional performance under normal as well as abnormal circumstances. The result is a radical and intriguing hypothesis on the interaction between mental events and detailed neurological occurrences in the cerebral cortex. Part III, based on twelve recorded conversations, reflects the exciting exchange between the authors as they attempt to come to terms with their opinions. (shrink)

In this Introduction, I situate the underlying project “Autonomy and Mental Disorder” with reference to current debates on autonomy in moral and political philosophy, and the philosophy of action. I then offer an overview of the individual contributions. More specifically, I begin by identifying three points of convergence in the debates at issue, stating that autonomy is: 1) a fundamentally liberal concept; 2) an agency concept and; 3) incompatible with (severe) mental disorder. Next, I explore, in the context (...) of decisional capacity assessments, the difficulties to reconcile 1) and 2) with 3) which they at the same time seem to imply. Having clarified the centrality of a cogent notion of mental disorder for addressing these difficulties, I comment on three promising lines of inquiry about the nature and scope of autonomy that emerge from the following chapters. (shrink)

The objective of this paper is to supplement Gottlieb’s challenge to Dryfus who claims that concepts are not operative in expert’s unreflective actions. First, concepts that an agent develops over time with practice, starting from the stage of novelty, become deeply rooted and persist through his expertise stage, according to common sense. It is unlikely that such rooted concepts become inoperative just when it is time for the agent to put them to use during the time that he is in (...) the zone (i.e., in flow). Second, an expert's inability to remember reasons behind his actions while he is in the zone is insufficient to prove that concepts are inoperative when he is acting in the zone. For an agent to not remember reasons as such could more likely be a consequence of the adequacy of his minimized reflections on his maximized (i.e. expert level) concepts, while he is in such a state. Moreover, not recalling every reason behind every step of an agent’s actions in the zone could be a consequence of his maximum concentration on successful processing and coordination of the task at hand, as opposed to committing his finite mental capacities to memorizing the reasons behind his step-by-step actions when he is performing an expert level action in the zone. Third, I point out to the prevalence of examples when experts or observers provide testimony about use of concepts to strategize or review actions before, during, and after their ‘in the zone’ actions (e.g., review of video replays of a game or a tournament on sports channels), which supports the operations and conceptuality of unreflective actions in flow. (shrink)

This paper develops and defends the capacity view, that is, the view that the ability to perceive the perspective-independent or intrinsic properties of objects depends on the perceiver’s capacity to act. More specifically, I argue that self-location and spatial know-how are jointly necessary to perceive the intrinsic spatial properties of objects. Representing one’s location allows one to abstract from one’s particular vantage point to perceive the perspective-independent properties of objects. Spatial know-how allows one to perceive objects as the (...) kind of things that are perceivable from points of view other than one’s own and thus to perceive them as three-dimensional space occupiers. (shrink)

Peter Hanks and Scott Soames have recently developed similar views of propositional attitudes on which they consist at least partly of being disposed to perform mental acts. Both think that to believe a proposition is at least partly to be disposed to perform the primitive propositional act: one the performance of which is part of the performance of any other propositional act. However, they differ over whether the primitive act is the forceless entertaining or the forceful judging. In this (...) paper I argue that Soames’s “forceless” approach has an advantage over Hanks’s “forceful” approach which faces a serious problem. (shrink)

The relation-theory of mental acts proposes that a mental act is a kind of relative entity founded upon the mind and directed at the object of perception or thought. While most medieval philosophers recognized that there is something importantly relational about thought, they nevertheless rejected the view that mental acts are wholly relations. Rather, the dominant view was that a mental act is either in whole or part an Aristotelian quality added to the mind upon which (...) such a relation to the object can be founded. In this paper, I examine Durand of St.-Pourçain's defense of the relation-theory of mental acts against two objections raised against it: the first from John Duns Scotus, among others, and the second from an anonymous Thomist and Adam Wodeham. -/- . (shrink)

The mental rotation ability is an essential spatial reasoning skill in human cognition and has proven to be an essential predictor of mathematical and STEM skills, critical and computational thinking. Despite its importance, little is known about when and how mental rotation processes are activated in games explicitly targeting spatial reasoning tasks. In particular, the relationship between spatial abilities and TetrisTM has been analysed several times in the literature. However, these analyses have shown contrasting results between the effectiveness (...) of Tetris-based training activities to improve mental rotation skills. In this work, we studied whether, and under what conditions, such ability is used in the TetrisTM game by explicitly modelling mental rotation via an ACT-R based cognitive model controlling a virtual agent. The obtained results show meaningful insights into the activation of mental rotation during game dynamics. The study suggests the necessity to adapt game dynamics in order to force the activation of this process and, therefore, can be of inspiration to design learning activities based on TetrisTM or re-design the game itself to improve its educational effectiveness. (shrink)

While many aspects of cognition have been shown to be shared between humans and non-human animals, there remains controversy regarding whether the capacity to mentally time travel is a uniquely human one. In this paper, we argue that there are four ways of representing when some event happened: four kinds of temporal representation. Distinguishing these four kinds of temporal representation has five benefits. First, it puts us in a position to determine the particular benefits these distinct temporal representations afford (...) an organism. Second, it provides the conceptual resources to foster a discussion about which of these representations is necessary for an organism to count as having the capacity to mentally time travel. Third, it enables us to distinguish stricter from more liberal views of mental time travel that differ regarding which kind(s) of temporal representation is taken to be necessary for mental time travel. Fourth, it allows us to determine the benefits of taking a stricter or more liberal view of mental time travel. Finally, it ensures that disagreement about whether some species can mentally time travel is not merely the product of unrecognised disagreement about which temporal representation is necessary for mental time travel. We argue for a more liberal view, on the grounds that it allows us to view mental time travel as an evolutionarily continuous phenomenon, and to recognise that differences in the ways that organisms mentally time travel might reflect different temporal representations, or combinations thereof, that they employ. Our ultimate aim, however, is to create the conceptual framework for further discussion regarding what sorts of temporal representations are required for mental time travel. (shrink)

Despite their importance in the history of philosophy and in particular in the work of Aristotle and Kant, mental capacities have been neglected in recent philosophical work. By contrast, the notion of a capacity is deeply entrenched in psychology and the brain sciences. Driven by the idea that a cognitive system has the capacity it does in virtue of its internal components and their organization, it is standard to appeal to capacities in cognitive psychology. The main benefit (...) of invoking capacities in an account of the mind is that it allows for an elegant counterfactual analysis of mental states: it allows us to analyze mental states on three distinct yet interrelated levels. A first level of analysis pertains to the function of mental capacities. A second level of analysis pertains to the mental capacities employed, irrespective of the context in which they are employed. A third level of analysis pertains to the mental capacities employed, taking into account the context in which they are employed. This paper develops an account of perceptual capacities. This account involves an analysis of their function, their individuation and possession conditions, the relation between perceptual capacities and their employment, as well as their informational and neural base conditions. (shrink)

I will argue that a person is causally responsible for believing what she does. Through inference, she can sustain and change her perspective on the world. When she draws an inference, she causes herself to keep or to change her take on things. In a literal sense, she makes up her own mind as to how things are. And, I will suggest, she can do this voluntarily. It is in part because she is causally responsible for believing what she does (...) that there are things that she ought to believe, and that what she believes can be to her credit or discredit. I won’t pursue these ethical matters here, but will focus instead on the metaphysics that underpin them. (shrink)

Perceptions guide our actions and provide us with evidence of the world around us. Illusions and hallucinations can mislead us: they may prompt as to act in ways that do not mesh with the world around us and they may lead us to form false beliefs about that world. The capacity view provides an account of evidence that does justice to these two facts. It shows in virtue of what illusions and hallucinations mislead us and prompt us to act. (...) Moreover, it shows in virtue of what we are in a better epistemic position when we perceive than when we hallucination. In this paper, I develop the capacity view, that is, the view that perceptual experience has epistemic force in virtue of the epistemic and metaphysical primacy of the perceptual capacities employed in perception. By grounding the epistemic force of experience in facts about the metaphysical structure of experience, the capacity view is not only an externalist view, but moreover a naturalistic view of the epistemology of perceptual experience. So it is an externalist and naturalistic alternative to reliabilism. I discuss the repercussions of this view for the justification of beliefs and the epistemic transparency of mental states, as well as, familiar problem cases. (shrink)

This paper aims to present and evaluate Brentano’s account of the individuation of mental acts. In his early works, Brentano assimilated mental acts to tropes; however, he encountered difficulties in explaining their individuation, since the usual solutions for the individuation of tropes were not readily applicable to his theory of mental acts. In a later period, Brentano introduced into his psychology what he called the “soul”, and this allowed him to explain the individuation of mental acts. (...) Finally, after his “reistic” turn, he excluded mental acts from his ontology, for he rejected abstracta of any kind, including abstract particulars, and admitted only things, or res (in Latin), that is, concrete particulars; in his late philosophy, there are no “thinkings”, but only “thinkers”. However, he still needed to explain what individuates different thinkers, and this was again the soul. In the conclusion, the paper critically compares the different theoretical options considered by Brentano. (shrink)

Among the cognitive capacities of evolved creatures is the capacity to represent. Theories in cognitive neuroscience typically explain our manifest representational capacities by positing internal representations, but there is little agreement about how these representations function, especially with the relatively recent proliferation of connectionist, dynamical, embodied, and enactive approaches to cognition. In this talk I sketch an account of the nature and function of representation in cognitive neuroscience that couples a realist construal of representational vehicles with a pragmatic account (...) of mental content. I call the resulting package a deflationary account of mental representation and I argue that it avoids the problems that afflict competing accounts. (shrink)

What happens when someone acts? A familiar answer goes like this. There is something that the agent wants, and there is an action that he believes conducive to its attainment. His desire for the end, and his belief in the action as a means, justify taking the action, and they jointly cause an intention to take it, which in turn causes the corresponding movements of the agent's body. I think that the standard story is flawed in several respects. The flaw (...) that will concern me in this paper is that the story fails to include an agent-or, more precisely, fails to cast the agent in his proper role. (shrink)

What is the distinction between understanding and forming a concept? In my view, for Aquinas, intelligere (the act of understanding) and dicere (the forming of a verbum or mental word) are not two different acts, but simply two different aspects of the same act of understanding. In the following, I will explore more in depth what this distinction means for Aquinas. Firstly, I will give a mostly doctrinal or systematic overview of the issue and, secondly, I will support my (...) claims with relevant textual evidence, taken exclusively from Aquinas’ Summa Theologiae. This study, as an appendix, is part of “The Influence of Kant in Transcendental Thomism: Rahner, Lonergan and Von Balthasar” (forthcoming). In my view, Lonergan’s way of distinguishing intelligere and dicere is different from St. Thomas’ way. In the body of my book, I focus on Lonergan’s reasons to distinguish these notions in his own particular way, whereas this study focuses on St. Thomas’ doctrine. It is my hope that the following lines will foster an understanding of St. Thomas’ epistemology and of its application to Trinitarian theology. (shrink)

The problem of amodal perception is the problem of how we represent features of perceived objects that are occluded or otherwise hidden from us. Bence Nanay (2010) has recently proposed that we amodally perceive an object's occluded features by imaginatively projecting them into the relevant regions of visual egocentric space. In this paper, I argue that amodal perception is not a single, unitary capacity. Drawing appropriate distinctions reveals amodal perception to be characterized not only by mental imagery, as (...) Nanay suggests, but also by genuinely visual representations as well as beliefs. I conclude with some brief remarks on the role of object-directed bodily action in conferring a sense of unseen presence on an object's occluded features. (shrink)

By introducing the concept of “mental data,” Palermos (2023) highlights an underappreciated aspect of data ethics that policymakers would do well to heed. Sweeping artificial intelligence (AI) legi...

An ongoing philosophical discussion concerns how various types of mental states fall within broad representational genera—for example, whether perceptual states are “iconic” or “sentential,” “analog” or “digital,” and so on. Here, I examine the grounds for making much more specific claims about how mental states are structured from constituent parts. For example, the state I am in when I perceive the shape of a mountain ridge may have as constituent parts my representations of the shapes of each peak (...) and saddle of the ridge. More specific structural claims of this sort are a guide to how mental states fall within broader representational kinds. Moreover, these claims have significant implications of their own about semantic, functional, and epistemic features of our mental lives. But what are the conditions on a mental state's having one type of constituent structure rather than another? Drawing on explanatory strategies in vision science, I argue that, other things being equal, the constituent structure of a mental state determines what I call its distributional properties—namely, how mental states of that type can, cannot, or must co‐occur with other mental states in a given system. Distributional properties depend critically on and are informative about the underlying structures of mental states, they abstract in important ways from aspects of how mental states are processed, and they can yield significant insights into the variegation of psychological capacities. (shrink)

The main aim of this paper is to clarify the relation between epistemic feel- ings, mental action, and self-ascription. Acting mentally and/or thinking about one’s mental states are two possible outcomes of epistemic or metacognitive feelings. Our men- tal actions are often guided by our E-feelings, such as when we check what we just saw based on a feeling of visual uncertainty; but thought about our own perceptual states and capacities can also be triggered by the same E-feelings. (...) The first section of the pa- per presents Dokic’s argument for the insufficiency of the “ascent routine” to account for non-transparent cases of self-ascription, as well as his account of E-feelings. The second section then presents a two-level model of metacognition that builds on Dokic’s account and my own view of the issue. The two-level model links E-feelings to a min- dreading capacity in order to account for non-transparent self-ascriptions. Finally, the third section develops a deeper characterization of the relation among E-feelings, mental action, and self-ascription of mental states based on epistemic rules. In the context of self-knowledge, these remarks suggest the existence of means of forming self-ascriptions other than the ascent routine. (shrink)

Aryeh Goldberg compellingly argues for a Narrative Coherence Standard (NCS) to bolster existing methods of assessing patients' mental capacity. But his account fails to distinguish between the cognitive abilities of children and adults; consequently, worries may be raised about the scope of the NCS, in particular when we consider child patients. In this article, I argue the NCS cannot plausibly apply to children. Since children's self-conception does not arrive fully formed — but rather is a product of both (...) incomplete cognitive development and socializing factors — I claim children may not possess a sufficiently intimate knowledge of self, and therefore a sufficiently coherent sense of self, as Goldberg demands. Therefore, we should either revise the NCS to accommodate children, adopt an incremental view of consent, or revert to the relevant form of the MacArthur competence criteria to establish children’s capacity to consent. (shrink)

ABSTRACT Act-based theories of content hold that propositions are identical to acts of predication that we perform in thought and talk. To undergo an occurrent thought with a particular content is just to perform the act of predication that individuates that content. But identifying the content of a thought with the performance of an act of predication makes it difficult to explain the intentionality of bouletic mental activity, like wanting and desiring. In this paper, I argue that this difficulty (...) is insurmountable: the contents of occurrent desires cannot be determined by acts of predication. (shrink)

Judgments of blame for others are typically sensitive to what an agent knows and desires. However, when people act negligently, they do not know what they are doing and do not desire the outcomes of their negligence. How, then, do people attribute blame for negligent wrongdoing? We propose that people attribute blame for negligent wrongdoing based on perceived mental control, or the degree to which an agent guides their thoughts and attention over time. To acquire information about others’ (...) class='Hi'>mental control, people self-project their own perceived mental control to anchor third-personal judgments about mental control and concomitant responsibility for negligent wrongdoing. In four experiments (N = 841), we tested whether perceptions of mental control drive third-personal judgments of blame for negligent wrongdoing. Study 1 showed that the ease with which people can counterfactually imagine an individual being non-negligent mediated the relationship between judgments of control and blame. Studies 2a and 2b indicated that perceived mental control has a strong effect on judgments of blame for negligent wrongdoing and that first-personal judgments of mental control are moderately correlated with third-personal judgments of blame for negligent wrongdoing. Finally, we used an autobiographical memory manipulation in Study 3 to make personal episodes of forgetfulness salient. Participants for whom past personal episodes of forgetfulness were made salient judged negligent wrongdoers less harshly compared to a control group for whom past episodes of negligence were not salient. Collectively, these findings suggest that first-personal judgments of mental control drive third-personal judgments of blame for negligent wrongdoing and indicate a novel role for counterfactual thinking in the attribution of responsibility. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. (...) Second, resolving to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

Until recently, philosophers debating the rationality of time-biases have supposed that people exhibit a first-person hedonic bias toward the future, but that their non-hedonic and third-person preferences are time-neutral. Recent empirical work, however, suggests that our preferences are more nuanced. First, there is evidence that our third-person preferences exhibit time-neutrality only when the individual with respect to whom we have preferences—the preference target—is a random stranger about whom we know nothing; given access to some information about the preference target, third-person (...) preferences mirror first-person preferences. As a result, the simulation hypothesis has been proposed, according to which third-person preferences will mirror first-person preferences when we can simulate the mental states of the preference target. Second, there is evidence that we prefer negative hedonic events to be in our past (we are first-person negatively hedonically future-biased) only when we view future events as fixed and in no way under our control. By contrast, when we perceive it to be within our power to mitigate the badness of future events, we are first-person negatively hedonically past-biased. This is the mitigation hypothesis. We distinguish two versions of the mitigation hypothesis, the squirrelling version and the heuristic version. We ran a study which tested the simulation hypothesis, and which aimed to determine whether the squirrelling or the heuristic version of the mitigation hypothesis enjoys more empirical support. We found support for the heuristic version of the hypothesis, but no support for the squirrelling version. (shrink)

What is an occurrent mental state? According to a common scholastic answer such a state is at least in part a quality of the mind. When I newly think about a machiatto, say, my mind acquires a new quality. However, according to a view discussed by John Buridan (who rejects it) and John of Mirecourt (who is condemned in 1347 for considering it “plausible”), an occurrent mental state is not even in part a quality. After sketching some of (...) the history of this position, I will present two common arguments against it—the argument from change and the argument from agency. I will then turn to Mirecourt’s own position on the matter. Mirecourt, I show, in fact offers us two different theories about occurrent mental states. The first, which I call the conservation theory, accepts that mental states are in part qualities. However, a mental state is a quality together with an action on the side of the mind, namely, its conservation of a quality within itself. The second position, which I will call the pure-action theory, holds that an occurrent mental state is not even in part a quality; instead, it is an action the mind performs which is neither the production nor the conservation of a quality within itself. Mirecourt characterizes such pure actions as “modes” of the mind, and it is this position which is condemned in 1347. In the final section, I turn to an objection that both Buridan and Mirecourt raise against the pure-action theory: if accidental states of the mind are mere modes of the mind, then why not suppose that all accidents are mere modes of the subjects which they qualify? (shrink)

Factive mental states, such as knowing or being aware, can only link an agent to the truth; by contrast, nonfactive states, such as believing or thinking, can link an agent to either truths or falsehoods. Researchers of mental state attribution often draw a sharp line between the capacity to attribute accurate states of mind and the capacity to attribute inaccurate or “reality-incongruent” states of mind, such as false belief. This article argues that the contrast that really (...) matters for mental state attribution does not divide accurate from inaccurate states, but factive from nonfactive ones. (shrink)

We argue that the most ambitious version of the mental files theory of singular thought, according to which mental files are a wide-ranging psychological natural kind underlying all and only singular thinking, is unsupported by the available psychological data. Nevertheless, critical examination of the theory from a psychological perspective opens up promising avenues for research, especially concerning the relationship between our perceptual capacity to individuate and track basic individuals, and our higher level capacities for singular thought.

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects in the (...) light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

The concept of affordances is rapidly gaining traction in the philosophy of mind and cognitive sciences. Affordances are opportunities for action provided by the environment. An important open question is whether affordances can be used to explain mental action such as attention, counting, and imagination. In this paper, we critically discuss McClelland’s (‘The Mental Affordance Hypothesis’, 2020, Mind, 129(514), pp. 401–427) mental affordance hypothesis. While we agree that the affordance concept can be fruitfully employed to explain (...) class='Hi'>mental action, we argue that McClelland’s mental affordance hypothesis contain remnants of a Cartesian understanding of the mind. By discussing the theoretical framework of the affordance competition hypothesis, we sketch an alternative research program based on the principles of embodied cognition that evades the Cartesian worries. We show how paradigmatic mental acts, such as imagination, counting, and arithmetic, are dependent on sensorimotor interaction with an affording environment. Rather than make a clear distinction between bodily and mental action, the mental affordances highlight the embodied nature of our mental action. We think that in developing our alternative research program on mental affordances, we can maintain many of the excellent insights of McClelland’s account without reintroducing the very distinctions that affordances were supposed to overcome. (shrink)

I argue that perceptual consciousness is constituted by a mental activity. The mental activity in question is the activity of employing perceptual capacities, such as discriminatory, selective capacities. This is a radical view, but I hope to make it plausible. In arguing for this mental activist view, I reject orthodox views on which perceptual consciousness is analyzed in terms of peculiar entities, such as, phenomenal properties, external mind-independent properties, propositions, sense-data, qualia, or intentional objects.

Speech Acts, Criteria and Intentions What makes a speech act a speech act? Which are its necessary and sufficient conditions? I claim in this paper that we cannot find an answer to those questions in Austin's doctrine of the infelicities, since some infelicities take place in fully committing speech acts, whereas others prevent the utterance from being considered as a speech act at all. With this qualification in mind, I argue against the idea that intentions—considered as mental states accomplishing (...) a causal role in the performance of the act—should be considered among the necessary conditions of speech acts. I would thus like to deny a merely ‘symptomatic’ account of intentions, according to which we could never make anything but fallible hypotheses about the effective occurrence of any speech act. I propose an alternative ‘criterial’ account of the role of intentions in speech acts theory, and analyse Austin's and Searle's approaches in the light of this Wittgensteinian concept. Whether we consider, with Austin, that speech acts ‘imply’ mental states or, with Searle, that they ‘express’ them, we could only make sense of this idea if we considered utterances as criteria for intentions, and not as alleged behavioural effects of hidden mental causes. (shrink)

It is widely accepted among medical ethicists that competence is a necessary condition for informed consent. In this view, if a patient is incompetent to make a particular treatment decision, the decision must be based on an advance directive or made by a substitute decision-maker on behalf of the patient. We call this the competence model. According to a recent report of the United Nations (UN) High Commissioner for Human Rights, article 12 of the UN Convention on the Rights of (...) Persons with Disabilities (CRPD) presents a wholesale rejection of the competence model. The High Commissioner here adopts the interpretation of article 12 proposed by the Committee on the Rights of Persons with Disabilities. On this interpretation, CRPD article 12 renders it impermissible to deny persons with mental disabilities the right to make treatment decisions on the basis of impaired decision-making capacity and demands the replacement of all regimes of substitute decision-making by supported decision-making. In this paper, we explicate six adverse consequences of CRPD article 12 for persons with mental disabilities and propose an alternative way forward. The proposed model combines the strengths of the competence model and supported decision-making. (shrink)

Could there be a cognitive zombie – that is, a creature with the capacity for cognition, but no capacity for consciousness? Searle argues that there cannot be a cognitive zombie because there cannot be an intentional zombie: on this view, there is a connection between consciousness and cognition that is derived from a more fundamental connection between consciousness and intentionality. However, I argue that there are good empirical reasons for rejecting the proposed connection between consciousness and intentionality. Instead, (...) I argue that there is a connection between consciousness and cognition that is derived from a more fundamental connection between consciousness and rationality. On this view, there cannot be a cognitive zombie because there cannot be a rational zombie. (shrink)

As a contribution to a wider discussion on moral discernment in theological anthropology, this paper seeks to answer the question “What is the impact of mental illness on an individual’s ability to make moral decisions?” Written from a clinical psychiatric perspective, it considers recent contributions from psychology, neuropsychology and imaging technology. It notes that the popular conception that mental illness necessarily robs an individual of moral responsibility is largely unfounded. Most people who suffer from mental health problems (...) do not lose the capacity to make moral decisions, and mental illness on its own rarely explains anti-social or criminal behaviour. Moreover, the assumptions of some scientists, that recent developments in neuropsychology and brain imaging suggest biological determinism, must be treated with caution. (shrink)