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 (...) class='Hi'>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)

Decisional capacity evaluations (DCEs) occur in clinical settings where it is unclear whether a consumer of medical services has the capacity to make an informed decision about the relevant medical options. DCEs are localized interventions, not the global loss of competence, that assign a surrogate decision maker to make the decision on behalf of the medical consumer. We maintain that one important necessary condition for a DCE to be morally justified, in cases of medical necessity, is that (...) the health care consumer under evaluation is incapable of expressing a preference for a certain outcome. (shrink)

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)

Decision-making capacity (DMC) plays an important role in clinical practice—determining, on the basis of a patient’s decisional abilities, whether they are entitled to make their own medical decisions or whether a surrogate must be secured to participate in decisions on their behalf. As a result, it’s critical that we get things right—that our conceptual framework be well-suited to the task of helping practitioners systematically sort through the relevant ethical considerations in a way that reliably and transparently delivers correct (...) verdicts about who should and should not have the authority to make their own medical decisions. Unfortunately, however, the standard approach to DMC does not get things right. It is of virtually no help in identifying and clarifying the relevant ethical considerations. And, embedded in the prevailing anti-paternalist paradigm, DMC assessments obfuscate and distort the underlying ethical justification for granting or withholding decisional authority. Here, we describe the core commitments of the standard approach to DMC and then highlight three problems with it. We then argue that these problems are significant enough that they call for more than merely tinkering and fine tuning—variations of the standard approach cannot adequately address them. Instead, we should ditch DMC. (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)

This chapter aims to distinguish between pathologies of agency in the strict sense and mere sources of impediments or distortion. Expanding on a recent notion of necessarily less-than-successful agency, it complements a mainstream approach to mental disorders and anomalous psychological conditions in the philosophy of mind and action. According this approach, the interest of such clinical case studies is heuristic, to differentiate between facets of agency that are functionally and conceptually separate even though they typically come together. Yet, in the (...) absence of independent criterion for a pathology of as opposed to inner obstacle to agency, this heuristic is at risk of becoming circular or uninformative, falling back on a clinical diagnosis it is meant to take as a starting point only. The chapter develops such a criterion and shows how it could work tracking agential achievement across two core dimensions of agency: planning and responsiveness to reasons. The discussion concludes with some implications on assessing decisional capacity and safeguarding agent autonomy in psychiatric settings. (shrink)

Background: Current practice frequently fails to provide care consistent with the preferences of decisionally-incapacitated patients. It also imposes significant emotional burden on their surrogates. Algorithmic-based patient preference predictors (PPPs) have been proposed as a possible way to address these two concerns. While previous research found that patients strongly support the use of PPPs, the views of surrogates are unknown. The present study thus assessed the views of experienced surrogates regarding the possible use of PPPs as a means to help make (...) treatment decisions for decisionally-incapacitated patients. -/- Methods: This qualitative study used semi-structured interviews to determine the views of experienced surrogates [n=26] who were identified from two academic medical centers and two community hospitals. The primary outcomes were respondents’ overall level of support for the idea of using PPPs and the themes related to their views on how a PPP should be used, if at all, in practice. -/- Results: Overall, 21 participants supported the idea of using PPPs. The remaining five indicated that they would not use a PPP because they made decisions based on the patient’s best interests, not based on substituted judgment. Major themes which emerged were that surrogates, not the patient’s preferences, should determine how treatment decisions are made, and concern that PPPs might be used to deny expensive care or be biased against minority groups. -/- Conclusions: Surrogates, like patients, strongly support the idea of using PPPs to help make treatment decisions for decisionally-incapacitated patients. These findings provide support for developing a PPP and assessing it in practice. At the same time, patients and surrogates disagree over whose preferences should determine how treatment decisions are made, including whether to use a PPP. These findings reveal a fundamental disagreement regarding the guiding principles for surrogate decision-making. Future research is needed to assess this disagreement and consider ways to address it. (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)

The practice of force-feeding dangerously malnourished patients with anorexia nervosa (AN) raises a puzzle for clinical ethics. Force-feeding AN patients may seem justified to save their lives and to help them recover from a debilitating pathological condition. Yet clinical ethics seems committed to a robust anti-paternalism principle, on which it is normally wrong to force treatment on decisionally capacitated patients for their own good. Thus, routinely force-feeding AN patients seems to constitutes an unjustifiable exception to a well-established principle of clinical (...) decision-making. I examine three attempts to solve the puzzle and argue that, individually or taken together, they cannot justify force-feeding those AN patients for whom this intervention would be potentially effective at enabling recovery. I conclude that no such justification is currently available. A solution to the moral puzzle of AN may come from a reevaluation of the anti-paternalism principle, a deeper clinical understanding of the psychology of AN, or even a reconceptualization of decisional capacity. (shrink)

The Substituted Judgment Standard for surrogate decision-making dictates that a surrogate, when making medical decisions on behalf of an incapacitated patient, ought to make the decision that the patient would have made if the patient had decisional capacity. Despite its intuitive appeal, however, SJS has been the target of a variety of criticisms. Most objections to SJS appeal to epistemic difficulties involved in determining what a patient would have decided in a given case. In this article, I offer (...) an alternative standard for surrogate decision-making that avoids these difficulties. I then offer an account of its theoretical underpinnings which shows that it preserves the central moral justification for SJS, namely, respect for patient autonomy. (shrink)

Several European countries are approving legislative reforms moving to a presumed consent system in order to increase organ donation rates. Nevertheless, irrespective of the consent system in force, family's decisional capacity probably causes a greater impact on such rates. In this contribution we have developed a systematic methodology in order to analyse and compare European organ procurement laws, and we clarify the weight given by each European law to relatives' decisional capacity over individual's preferences (expressed or (...) not while alive) regarding the destination of his or her organs after death. In this sense, the results constitute the first comprehensive and comparative legislative mapping on European transplantation laws. (shrink)

When medical assistance in dying (MAiD) was legalized in Canada in June 2016, the question of allowing decisionally capable persons to make advance requests in anticipation of later incapacity was reserved for further consideration during the mandatory parliamentary review originally scheduled to begin in June 2020 (but since delayed by COVID-19). In its current form the legislation does not permit such requests, since it stipulates that at the time at which the procedure is to be administered the patient must give (...) “express consent” to receiving it. Since express consent presupposes decisional capacity, this requirement rules out administering MAiD to a patient who has lost capacity. Amendments to the legislation passed by Parliament in March 2021 open the door slightly by allowing advance requests by patients after they have been approved for MAiD, if they fear losing capacity before the procedure can be administered. But this provision would apply only to patients whose natural death was deemed to be “reasonably foreseeable”, and would continue to exclude (a) requests made after diagnosis of a “grievous and irremediable medical condition” but in advance of approval for MAiD, and (b) requests made before such a diagnosis. My aim in this paper is twofold: to explore the ethical and legal issues concerning advance requests for MAiD, and to argue for expanding provision for such requests to include both of these further scenarios. (shrink)

En este artículo analizaré algunos aspectos específicos de la obra de Filodemo de Gadara desde la perspectiva de la dimensión retórica del discurso filosófico con el fin de mostrar que el empleo que hace este pensador de ciertos dispositivos retóricos: i) no implica necesariamente un rompimiento con las normativas epicúreas respecto del uso legítimo de la retórica, ii) ni debe leerse como un abandono del proyecto racionalista epicúreo, sino que iii) puede interpretarse como expresión de una concepción sumamente rica y (...) compleja de la racionalidad humana que incorpora las capacidades descriptivas del lenguaje como herramientas esenciales en la transmisión de la información relevante para la toma de decisiones. -/- I aim to examine certain specific aspects of the work of Philodemus of Gadara from the point of view of the rhetorical dimension of philosophical speech in order to show that Philodemus’ use of certain rhetorical devices i) does not necessarily entail a break with Epicurean norms on the correct usage of rhetoric, ii) cannot be read as an abandonment of the Epicurean rationalist project, but iii) may be interpreted as an expression of a rich and complex conception of human reason, a conception that incorporates the descriptive capacities of human language as essential tools for the transmission of relevant information in decision procedures. (shrink)

La autonomía constituye uno de los pilares básicos de un sistema político como el democrático que se asocia a la capacidad de toma de decisiones de la ciudadanía como su núcleo moral principal. Los descubrimientos en el ámbito de las neurociencias y su aplicación al campo del marketing y a la comunicación política despiertan hoy en día las sospechas por la posible capacidad de activar el "botón del voto" de los electores. Este artículo tiene como objetivo adentrarse en el estudio (...) de los principales trabajos desarrollados sobre el neuromarketing político y la neuropolítica. La finalidad de esta propuesta consiste en presentar los debates éticos que irrumpen con el neuromarketing político. Autonomy is one of the basic pillars of a political system like democracy, which is associated with citizens’ decision-making capacity as its main moral core. Discoveries in the neurosciences domain and their application to the marketing and political communication field now arouse suspicions about the possible capacity of activating voter’s "voting button". The objective of this article is to examine the main works on political neuromarketing and neuropolitics. The purpose of this proposal consists in presenting the specific ethical debates that emerge around political neuromarketing. (shrink)

Resumen Hermenéutica y toma de decisiones en ética clínica La moderna hermenéutica se interesa por las condiciones de posibilidad de la comprensión humana. Sus aportaciones son de indudable interés para el campo de la ética biomédica, donde médico y paciente tratan de comprenderse mutuamente con el fin de concretar determinado proyecto de cuidados. Sin embargo, esta aproximación está lejos de ser aprovechable para formar una pauta concreta de cara a la toma de decisiones en este campo. La hermenéutica acierta al (...) poner el centro de gravedad en el diálogo, en lugar de en el método, pero olvida que, en Gadamer, el diálogo está dirigido a la verdad. Esto es lo que se tratará de poner de manifiesto en este trabajo, intentado establecer la conexión de dicha noción con las de bien, historia y comunidad. -/- Abstract Modern hermeneutics deals with the conditions of the possibilities of human understanding. Its contributions are particularly pertinent to clinical ethics, where patient and doctor seek to mutually understand one another in order to establish a determined care plan. Nevertheless, this approach is far from useful for the formulation of a concrete standard for decision making in this area. Hermeneutics is effective in putting the focus on dialogue, rather than method. But it overlooks the fact that dialogue, according to Gadamer, is directed towards truth. The present article aims to highlight this point, and seeks to establish the connection between this notion of truth and ideas of good, history and community. -/- Resumo Hermenêutica e a tomada de decisões em ética clínica A hermenêutica moderna interessa-se pelas condições de possibilidade da compreensão humana. Indubitavelmente, os seus contributos são de interesse para a ética biomédica, na qual o médico e o paciente tratam de compreender-se mutuamente a fim de concretizar um determinado projeto de cuidados. No entanto, esta perspectiva está longe de poder ser utilizada como padrão concreto para a tomada de decisões neste campo. A hermenêutica tem razão ao colocar o centro de gravidade no diálogo e não no método, entretanto, esquece-se de que, em Gadamer, o diálogo está orientado para a verdade. É precisamente isso que se pretende evidenciar neste trabalho, procurando estabelecer-se a conexão entre a referida noção de verdade com as noções de bem, história e comunidade. (shrink)

Decision-making Capacity matters to whether a patient’s decision should determine her treatment. But why it matters in this way isn’t clear. The standard story is that dmc matters because autonomy matters. And this is thought to justify dmc as a gatekeeper for autonomy – whereby autonomy concerns arise if but only if a patient has dmc. But appeals to autonomy invoke two distinct concerns: concern for authenticity – concern that a choice is consistent with an individual’s commitments; and concern (...) for sovereignty – concern that an individual exercises control over that which is hers to control. Here, I argue, neither concern can alone explain why dmc matters. Instead, dmc matters because it indicates a harmony between the two concerns – the demands of each concern are more likely to agree if a patient has dmc. This vindicates the standard story, but also makes clear that dmc is an inappropriate gatekeeper for autonomy. (shrink)

This paper investigates the nature of dispositional properties in the context of artificial intelligence systems. We start by examining the distinctive features of natural dispositions according to criteria introduced by McGeer (2018) for distinguishing between object-centered dispositions (i.e., properties like ‘fragility’) and agent-based abilities, including both ‘habits’ and ‘skills’ (a.k.a. ‘intelligent capacities’, Ryle 1949). We then explore to what extent the distinction applies to artificial dispositions in the context of two very different kinds of artificial systems, one based on rule-based (...) classical logic and the other on reinforcement learning. Here we defend three substantive claims. First, we argue that artificial systems are not equal in the kinds of dispositional properties they instantiate. In particular, we show that logical systems instantiate merely object-centered dispositions whereas reinforcement learning systems allow for the instantiation of agent-based abilities. Second, we explore the similarities and differences between the agent-centered abilities of artificial systems and those of humans, especially as relates to the important distinction made in the human case between habits and skills/intelligent capacities. The upshot is that the agent-centered abilities of truly intelligent artificial systems are distinctive enough to constitute a third type of agent-based ability — blended agent-based ability — raising substantial questions as to how we understand the nature of their agency. Third, we explore one aspect of this problem, focussing on whether systems of this type are properly considered ‘responsible agents’, at least in some contexts and for some purposes. The ramifications of our analysis will turn out to be directly relevant to various ethical concerns of artificial intelligence. (shrink)

There is wide consensus among bioethicists about the importance of autonomy when determining whether or not a patient has the right to refuse life-saving treatment (LST). In this context, autonomy has typically been understood in terms of the patient’s ability to make an informed decision. According to the traditional view, decision-making capacity (DMC) is seen as both necessary and sufficient for the right to refuse LST. Recently, this view has been challenged by those who think that considerations of authenticity (...) and putative counterexamples should lead us to revise the traditional account. In this paper, we respond to these revisionist arguments, and we defend the traditional view according to which we have autonomy-based reasons to respect a patient’s decision to refuse LST if and only if she has DMC. (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)

In "Rational Capacities" Michael Smith outlines the sense of capacity he believes to be required before blame is appropriate. I question whether this sense of capacity is required. In so doing, I consider different ways in which blame might be conditioned.

Sostengo en este artículo que no somos utilitaristas consecuentes en todo momento, ni deontologistas dogmáticos irracionales, más bien, una mezcla de utilitarismo y deontologismo que depende de una serie de factores no descubiertos o explicados convincentemente tanto epigenéticos, evolutivos, como educacionales, axiológicos, psicológicos aprendidos, conscientes e inconscientes en la toma de decisiones. También argumento que no es lo mismo toma de decisión, que construcción del juicio moral. El juicio moral no siempre conduce a la toma de decisión. Se puede tener (...) un juicio, pero no necesariamente actuar en consecuencia. / I argue in this article that we are not consistent utilitarians at all times, nor irrational dogmatic deontologists, rather, a mixture of utilitarianism and deontologism that depends on a series of factors undiscovered or convincingly explained both epigenetic, evolutionary, as educational, axiological, psychological learned, conscious and unconscious in decision making. I also argue that decision making is not the same as constructing moral judgment. The second does not always lead to the first. I can have a trial, but not necessarily act accordingly. (shrink)

Many philosophers of science think that most laws of nature (even those of fundamental physics) are so called ceteris paribus laws, i.e., roughly speaking, laws with exceptions. Yet, the ceteris paribus clause of these laws is problematic. Amongst the more infamous difficulties is the danger that 'For all x: Fx ⊃ Gx, ceteris paribus' may state no more than a tautology: 'For all x: Fx ⊃ Gx, unless not'. One of the major attempts to avoid this problem (and others concerning (...) ceteris paribus laws) is to claim that the subject matter of laws are ascriptions of dispositions, powers, capacities etc., and not the regular behaviour we find in nature. That we do not know whether the cetera are paria in a specific situation does not matter to the dispositionalist because the objects have the disposition regardless of the circumstances. The defence of the latter claim is that dispositions can be instantiated without being manifested. Hence, the laws that ascribe dispositions are strict and it looks as if they do not face the above mentioned problems of ceteris paribus laws. In this essay I attempt to show that these assumptions are wrong. I hope to illustrate that not only does the ceteris paribus clause reoccur inside the dispositions, moreover, there are laws—laws about non-fundamental entities with instable dispositions—which bear a ceteris paribus clause that cannot be hidden in a disposition. (shrink)

Employing BMF analytics to predict behaviors and intentions related to 3R initiatives, eco-friendly practices, and zero-waste lifestyles offers insights into adapting to environmental changes, an area that remains underexplored in the literature.

According to a widely shared intuition, normal adult humans require greater moral concern than normal, adult animals in at least some circumstances. Even the most steadfast defenders of animals' moral status attempt to accommodate this intuition, often by holding that humans' higher-level capacities (intellect, linguistic ability, and so on) give rise to a greater number of interests, and thus the likelihood of greater satisfaction, thereby making their lives more valuable. However, the moves from capacities to interests, and from interests to (...) the likelihood of satisfaction, have up to now gone unexamined and undefended. I argue that context plays a morally significant role both in the formation of an individual's capacities, and in the determination of the individual's interests and potential for satisfaction based on those capacities. Claims about an individual's capacities and interests are typically presented as unconditional; but on closer examination, they are revealed to be contingent on tacit assumptions about context. Until we develop an understanding of how to account for the role of context within our moral theories, attempts to defend special moral concern for human beings based on their superior capacities are less firmly grounded than is commonly thought. (shrink)

La cobertura universal de salud está en el centro de la acción actual para fortalecer los sistemas de salud y mejorar el nivel y la distribución de la salud y los servicios de salud. Este documento es el informe fi nal del Grupo Consultivo de la OMS sobre la Equidad y Cobertura Universal de Salud. Aquí se abordan los temas clave de la justicia (fairness) y la equidad que surgen en el camino hacia la cobertura universal de salud. Por lo (...) tanto, el informe es pertinente para cada agente que infl uye en ese camino y en particular para los gobiernos, ya que se encargan de supervisar y guiar el progreso hacia la cobertura universal de salud. (shrink)

Como dijo Ramón y Cajal, “mientras el cerebro continúe siendo un misterio, el universo también lo será”. El mejor ejemplo de esto son las emociones involucradas en la toma de decisiones, en donde aún no existe un consenso sobre cómo definirlas desde un punto de vista neurológico y teórico correlacionados. Se sabe que las emociones permiten dar significado a hechos y eventos; que son estados cerebrales desde donde la persona hace planes de acción y toma distintas decisiones, pero no todos (...) los autores están de acuerdo en que puedan ser explicadas únicamente como cambios físicos o marcadores somáticos: tensión muscular, frecuencia cardíaca o temperatura corporal. También ocurren cambios en el cerebro en términos de neurotransmisores, pero aún se desconocen los detalles de algunos de estos procesos emergentes. Por eso se consideró una revisión sistemática de los trabajos de los especialistas y una interpretación desde la neuroética fundamental como disciplina filosófica —como filosofía del cerebro— que hace posible la habilitación de un andamiaje teórico conceptual capaz de explicar y comprender algunos de los correlatos neurales asociados a la toma racional y no racional de las decisiones, y la aspiración de explicaciones teóricas subyacentes. (shrink)

In paradigm exercises of agency, individuals guide their activities toward some goal. A central challenge for action theory is to explain how individuals guide. This challenge is an instance of the more general problem of how to accommodate individuals and their actions in the natural world, as explained by natural science. Two dominant traditions–primitivism and the causal theory–fail to address the challenge in a satisfying way. Causal theorists appeal to causation by an intention, through a feedback mechanism, in explaining guidance. (...) Primitivists postulate primitive agential capacities in their explanations. The latter neglect to explain how primitive capacities integrate with findings from natural science. The former do not explain why some feedback mechanism’s activity amounts to the agent’s guidance. In this paper I argue that both traditions should acknowledge a capacity to guide, as actually constituted by the executive system. I argue that appeals to this empirically discovered psychological system explain how individuals guide in a way that integrates with explanations from cognitive science. Individuals’ capacity to guide is embedded in the natural world through the activity of its constituent (mechanistic) components. (shrink)

The electric activities of cortical pyramidal neurons are supported by structurally stable, morphologically complex axo-dendritic trees. Anatomical differences between axons and dendrites in regard to their length or caliber reflect the underlying functional specializations, for input or output of neural information, respectively. For a proper assessment of the computational capacity of pyramidal neurons, we have analyzed an extensive dataset of three-dimensional digital reconstructions from the NeuroMorphoOrg database, and quantified basic dendritic or axonal morphometric measures in different regions and layers (...) of the mouse, rat or human cerebral cortex. Physical estimates of the total number and type of ions involved in neuronal electric spiking based on the obtained morphometric data, combined with energetics of neurotransmitter release and signaling fueled by glucose consumed by the active brain, support highly efficient cerebral computation performed at the thermodynamically allowed Landauer limit for implementation of irreversible logical operations. Individual proton tunneling events in voltage-sensing S4 protein alpha-helices of Na+, K+ or Ca2+ ion channels are ideally suited to serve as single Landauer elementary logical operations that are then amplified by selective ionic currents traversing the open channel pores. This miniaturization of computational gating allows the execution of over 1.2 zetta logical operations per second in the human cerebral cortex without combusting the brain by the released heat. (shrink)

En este artículo se analiza la teoría para la toma de decisiones y se contrasta la valía de los dilemas morales para explicar los mecanismos deliberativos. Se sostiene que una estrategia de decisión exitosa es aquella que es capaz de realizar los movimientos racionales, adaptativos y necesarios para llegar a un fin programado. Una aspiración de las éticas normativas y descriptivas es elaborar una teoría de la decisión práctica, sin importar los análisis racionales del modo en que se llegue al (...) fin. El artículo plantea los procesos relacionados al cambio y a la retroalimentación sin encasillar la teoría de las decisiones en posturas deontológicas, utilitaristas o emocionales. Se examina la valía de los dilemas morales y algunas críticas recurrentes y se concluye que, personales o impersonales, los dilemas parecen no explicar la complejidad de los procesos deliberativos. This article analyzes the theory for decision making and contrasts the value of moral dilemmas to explain the deliberative mechanisms. It is argued that a successful decision strategy is one that is capable of performing the rational, adaptive and necessary movements to reach a programmed end. It suggests that the processes related to change and feedback can be useful but insufficient explanations if the theory of decisions is framed to deontological, utilitarian or emotional postures. The value of moral dilemmas and some recurrent criticisms are examined and it is concluded that, personal or impersonal, the dilemmas do not seem to explain the complexity of the deliberative processes. (shrink)

Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as (...) the capacity condition. We begin by showing how recent work on the metaphysics of powers might ground an account of the role of capacities in the metaphysics of intentional agency. After discussing the capacity to contract in Anglo-American jurisprudence, we show how the general ontology of capacities and agency sketched can ground and help clarify legal thinking about capacity. We argue that when we couple our understanding of capacity with relevant recent data from developmental neuropsychology, a lacuna in Anglo-American contract law becomes evident. Specifically, it appears that persons in early adulthood do not clearly satisfy the conditions requisite for them to satisfy the capacity condition. In the light of this, we sketch some potential solutions that are compatible with existing legal standards and would contribute to a more consistent application of the capacity condition in contract law. (shrink)

On what basis should we embrace a religious belief? In this article I argue that religious faith should be viewed, not as a conclusion we arrive at after reviewing the evidence, but as an existential decision we make through which we define ourselves.

In this paper we present an account of practical rationality and weakness of will in terms of rational capacities. We show how our account rectifies various shortcomings in Michael Smith's related theory. In particular, our account is capable of accommodating cases of weak-willed behaviour that are not `akratic', or otherwise contrary to the agent's better judgement. Our account differs from Smith's primarily by incorporating resolve: a third rational capacity for resolute maintenance of one's intentions. We discuss further two ways (...) to explain the importance of resolve to practical rationality: one based on Richard Holton's recent work, and an alternative, non-consequentialist account. (shrink)

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

Vihvelin argues that Frankfurt-style cases should be divided into two kinds, according to when the trigger for the intention takes place: either prior to the agent's choice or after it. Most agree that only the former, which I call pre-decisional intervention, stands a chance of removing all of an agent's alternatives. Vihvelin notes that both sides in the dispute over whether there is a successful case of pre-decisional intervention assume that if there is a successful case, then it (...) will be a case where the agent has no alternative. Vihvelin thinks this is a mistake: agents subject to pre-decisional intervention still have alternatives, and the intricate discussion and development of ever more complex Frankfurt-style cases is beside the point. She argues for this by presenting a case, purportedly analogous to Frankfurt-style cases, where it is clear that there are alternatives available. Fischer has replied by disputing the analogy. In this paper I argue that Vihvelin is right to think the cases are analogous, but that both Fischer and Vihvelin are wrong to think that Vihvelin's parallel case is one where there are alternatives. Despite appearances, this is not the case, and I construct a Fischer-inspired argument to show this. (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)

Cambodians are still vulnerable. To reverse those conditions, National Social Protection Strategy (N.S.P.S) was developed for the poor and vulnerable people to promote their livelihoods. Royal Government of Cambodia (R.G.C) has paid attention to social assistance. In strategic plans, highlights on strengthening, and collectively developing social security, consistent and effective. With these issues, the government establishes a national social protection policy framework to help all people in particular poor and vulnerable people (M.o.E.F, 2017, p.1). The research aims at reviewing the (...) institutional capacity of government institutions in charge of the National Social Protection Framework (N.S.P.P.F) toward its goal achievement The Department for International Development (D.E.F.I.D) capacity approach is proposed as a framework for this institution of government toward its goal achievement. The D.E.F.I.D (2003) cited in Kay amp Franks (2003) identifies the approach for assessing capacities in three-level. The strengths and the weakness of the seven points were identified. Those included an Overview of N.S.P.P.F, financial resources, relationship with others, policies and systems, strategies, structures, and technical skills and competencies. It was concluded that budget limitations and lack of data and guidelines for implementing the frameworks were limited. Recommendations were identification of People with Disability (P.W.D) data, people close to the poverty line, the inclusion of P.W.D, increase in budget, and budget decentralization. (shrink)

This paper argues for a sufficient evidence condition on knowledge and I argue that there is no belief condition on knowledge.

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)

We investigate a speci c model of knowledge and beliefs and their dynamics. The model is inspired by public announcement logic and the approach to puzzles concerning knowledge using that logic. In the model epistemic considerations are based on ontology. The main notion that constitutes a bridge between these two disciplines is the notion of epistemic capacities. Within the model we study scenarios in which agents can receive false announcements and can have incomplete or improper views about other agent's epistemic (...) capacities. Moreover, we try to express the description of problem speci cation using the tools from applied ontology { RDF format for information and the Protege editor. (shrink)

Los sesgos cognitivos afectan negativamente la toma de decisiones en todas las esferas de la vida, incluyendo las decisiones de los jueces. La imposibilidad de eliminarlos por completo de la práctica del derecho, o incluso de controlar sus efectos, contrasta con el anhelo de que las decisiones judiciales sean el resultado exclusivo de un razonamiento lógico-jurídico correcto. Frente el efecto sistemático, recalcitrante y porfiado de los sesgos cognitivos, una posible estrategia para disminuir su efecto es enfocarse, no en modificar el (...) comportamiento de los agentes judiciales, sino en moldear su entorno para que los sesgos tengan menos oportunidades de aparecer. En particular, es más provechoso concentrar los esfuerzos en identificar aquellas reglas procesales que faciliten o limiten el efecto de los sesgos. En este ensayo propongo un diálogo fructífero entre el derecho y la psicología que puede llevar a mejorar la calidad de los sistemas judiciales. La propuesta está basada en la creación de guías de práctica judicial que puedan servir de base para la creación de protocolos procesales que limiten en la medida de lo razonable sus efectos negativos y conduzcan a mejores decisiones judiciales. (shrink)

Concrete is one of the most intelligent and widely utilized man-made materials in the construction industry. Despite this, even high-quality concrete is susceptible to porosity, which reduces its serviceability period. Furthermore, there is an increasing need to increase longevity due to environmental exposure such as soil moisture, corrosive outside elements, or structural defects forming in the surface of concrete. The use of crystalline admixtures in concrete is one of the many approaches to reducing these risks. When crystalline admixtures come into (...) contact with water, they form thin crystals that fill pores, capillaries, and micro fractures, as a result making concrete a self-sealing material. When the concrete has dried, the crystalline particles remain dormant until they come into contact with additional water, which causes them to crystallize once more. This research aims to analyze and compare the material properties of commonly used concrete and concrete where crystalline waterproofing is present. Furthermore, experiments are conducted to evaluate each of the concrete samples: compressive strength, water permeability, and flexure strength. As a result, demonstrating the benefits or negative aspects of the use of crystalline admixture in the early stages of concrete is important. It is not yet defined, whether this is the future of cutting-edge concrete and the impact that it will have in the Albanian building market. (shrink)

Many scholars of organizations see social enterprise as a promising approach to advancing social justice but neglect to scrutinize the normative foundations and limitations of this optimism. This article draws on Rawlsian political philosophy to investigate whether and how social enterprises can support social justice. We propose that this perspective assigns organizations a duty to foster institutional capacity, a concept we define and elaborate. We investigate how this duty might apply specifically to social enterprises, given their characteristic features. We (...) theorize six different mechanisms through which social enterprises might successfully discharge this duty. These results affirm the value of conversation between organizational studies and political philosophy and shed new light on debates regarding social enterprise, institutional theory, and several other topics. (shrink)

This paper attempts to articulate a dispositional account of innateness that applies to cognitive capacities. After criticizing an alternative account of innateness proposed by Cowie (1999) and Samuels (2002), the dispositional account of innateness is explicated and defended against a number of objections. The dispositional account states that an innate cognitive capacity (output) is one that has a tendency to be triggered as a result of impoverished environmental conditions (input). Hence, the challenge is to demonstrate how the input can (...) be compared to the output and shown to be relatively impoverished. I argue that there are robust methods of comparing input to output without measuring them quantitatively. (shrink)

For people with Bipolar Affective Disorder, a self-binding (advance) directive (SBD), by which they commit themselves to treatment during future episodes of mania, even if unwilling, can seem the most rational way to deal with an imperfect predicament. Knowing that mania will almost certainly cause enormous damage to themselves, their preferred solution may well be to allow trusted others to enforce treatment and constraint, traumatic though this may be. No adequate provision exists for drafting a truly effective SBD and efforts (...) to establish such provision are hampered by very valid, but also paralysing ethical, clinical and legal concerns. Effectively, the autonomy and rights of people with bipolar are being 'protected' through being denied an opportunity to protect themselves. From a standpoint firmly rooted in the clinical context and experience of mania, this article argues that an SBD, based on a patient-centred evaluation of capacity to make treatment decisions (DMC-T) and grounded within the clinician-patient relationship, could represent a legitimate and ethically coherent form of self-determination. After setting out background information on fluctuating capacity, mania and advance directives, this article proposes a framework for constructing such an SBD, and considers common objections, possible solutions and suggestions for future research. (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)

In this paper, I defend a new theory of the nature and individuation of perceptual capacities. I argue that we need a theory of perceptual capacities to explain modal facts about what sorts of perceptual phenomenal states one can be in. I defend my view by arguing for three adequacy constraints on a theory of perceptual capacities: perceptual capacities must be individuated at least partly in terms of their place in a hierarchy of capacities, where these capacities include the senses (...) themselves; an adequate account of perceptual capacities must be sensitive to empirical considerations; and an adequate account should accommodate the nature of the capacity to perceive. I arrive at these constraints by considering how Schellenberg’s view fails, before defending and developing my alternative in line with the constraints. I defend a view on which there are few, coarse-grained perceptual capacities which can fulfil complex explanatory roles because they are evaluatively gradable on many axes. Finally, on my view, perceptual capacities bear a particularly close relation to the sensory modalities themselves. (shrink)

In response to an impasse, articulated in the late 1980s, the cognitive capacities of ordinary people assumed central place in contemporary critical social theory. The participants’ perspective gained precedence over scientific standards branded as external. The notion of cognition, however, went unchallenged. This article continues the move away from external standards, and discusses two models of critique, which differ based on their underlying notions of cognition. The representational model builds on cognitive content, misrecognition and normativity; three features which are illustrated (...) with positions adopted by prominent exponents of critical social theory. An alternative understanding relies on action-oriented disclosure and the participants’ basic familiarity with the social world. On this reading, what clashes with unequal structures is skilful coping, rather than representations and normative standards. The action-oriented approach may overcome the dilemma of understanding both the impact and the possible transcendence of unequal structures, although it cannot ultimately replace representational critique. (shrink)