In Re JB, a local authority, concerned with the risk the respondent posed to vulnerable women, successfully appealed against an order made in the Court of Protection that declared JB, an autistic man with impaired cognition, possessed capacity to consent to sexual relations. In this recent decision, the Court of Appeal has arguably reset the last 15 years of jurisprudence concerning P’s capacity to make decisions in regard to sexual relations. Previous case law focused on P’s ability to consent to (...) such relations, and whether P understood the information relevant to that decision. Notwithstanding the abundance of legal authority, including the recent appellate judgments of Hayden J in London Borough of Tower Hamlets v NB and AU [2019] EWCOP 27. and B v A Local Authority [2019] EWCA Civ 913. there was a lacuna in the existing law in relation to what information was relevant for the purposes of assessing the issue of capacity to consent to sexual relations. Judges have traditionally adopted a protectionist stance in understanding “the information relevant to the decision” under s3 of the Mental Capacity Act 2005, with an emphasis on whether P understood the risks of pregnancy and sexually transmitted diseases. However, the Court of Appeal in Re JB has broadened its interpretation of ‘relevant’ information to also include the ability to understand the importance of a partner’s consent to such relations. This is a welcome change to previous courts’ interpretations of the ‘nature’ of the sexual act, moving from an approach focused on the physical sexual mechanics to one which views the nature of sex as a mutually consensual engagement. However, a fundamental shift in how we view such cases is likely to have far-reaching consequences, particularly for local authorities and professionals seeking guidance in relation to their care planning. (shrink)

To compute is to execute an algorithm. More precisely, to say that a device or organ computes is to say that there exists a modelling relationship of a certain kind between it and a formal specification of an algorithm and supporting architecture. The key issue is to delimit the phrase of a certain kind. I call this the problem of distinguishing between standard and nonstandard models of computation. The successful drawing of this distinction guards Turing's 1936 analysis of computation against (...) a difficulty that has persistently been raised against it, and undercuts various objections that have been made to the computational theory of mind. (shrink)

The acquisition of a new skill usually proceeds through five stages, from novice to expert, with a sixth stage of mastery available for highly motivated performers. In this chapter, we re-state the six stages of the Dreyfus Skill Model, paying new attention to the transitions and interrelations between them. While discussing the fifth stage, expertise, we unpack the claim that, “when things are proceeding normally, experts don’t solve problems and don’t make decisions; they do what normally works” (Dreyfus & Dreyfus, (...) 1988, pp. 30 – 31). This leads us to offer an account of the “perspectival deliberation” that arises for experts and masters and that is distinct from the calculative deliberation characteristic of the lower stages of skillfulness. (shrink)

In this paper, I argue that self-awareness is intertwined with one's awareness of possibilities for action. I show this by critically examining Dan Zahavi's multidimensional account of the self. I argue that the distinction Zahavi makes among 'pre-reflective minimal', 'interpersonal', and 'normative' dimensions of selfhood needs to be refined in order to accommodate what I call 'pre-reflective self-understanding'. The latter is a normative dimension of selfhood manifest not in reflection and deliberation, but in the habits and style of a person’s (...) pre-reflective absorption in the world. After reviewing Zahavi's multidimensional account and revealing this gap in his explanatory taxonomy, I draw upon Heidegger, Merleau-Ponty, and Frankfurt in order to sketch an account of pre-reflective self-understanding. I end by raising an objection to Zahavi’s claim for the primitive and foundational status of pre-reflective self-awareness. To carve off self-awareness from the self’s practical immersion in a situation where things and possibilities already matter and draw one to act is to distort the phenomena. A more careful phenomenology of pre-reflective action shows that pre-reflective self-awareness and pre-reflective self-understanding are co-constitutive, both mutually for each other and jointly for everyday experience. (shrink)

Presupposing no familiarity with the technical concepts of either philosophy or computing, this clear introduction reviews the progress made in AI since the inception of the field in 1956. Copeland goes on to analyze what those working in AI must achieve before they can claim to have built a thinking machine and appraises their prospects of succeeding.There are clear introductions to connectionism and to the language of thought hypothesis which weave together material from philosophy, artificial intelligence and neuroscience. John Searle's (...) attacks on AI and cognitive science are countered and close attention is given to foundational issues, including the nature of computation, Turing Machines, the Church-Turing Thesis and the difference between classical symbol processing and parallel distributed processing. The book also explores the possibility of machines having free will and consciousness and concludes with a discussion of in what sense the human brain may be a computer. (shrink)

According to Heidegger's Being and Time, social relations are constitutive of the core features of human agency. On this view, which I call a ‘strong conception’ of sociality, the core features of human agency cannot obtain in an individual subject independently of social relations to others. I explain the strong conception of sociality captured by Heidegger's underdeveloped notion of ‘being-with’ by reconstructing Heidegger's critique of the ‘weak conception’ of sociality characteristic of Kant's theory of agency. According to a weak conception, (...) sociality is a mere aggregation of individual subjects and the core features of human agency are built into each individual mind. The weak conception of sociality remains today widely taken for granted. I show that Christine Korsgaard, one of the most creative contemporary appropriators of Kant, operates with a weak conception of sociality and that this produces a problematic explanatory deficiency in her view: she is unable to explain the peculiar motivational efficacy of shared social norms. Heidegger's view is tailor made to explain this phenomenon. I end by sketching how Heidegger provides a social explanation of a major systematic concern animating Korsgaard, the concern with the importance of individual autonomy and answerability in human life. (shrink)

Drawing from the Boulding''s (1956) framework for general systems theory, the need to employ richer paradigm in the study of organizations (Pondy and Mitroff, 1979) is reiterated. It is argued that a better understanding of organizational ethical behavior is contingent upon viewing organizations as symbol processing systems of shared language and meanings. Further, it is proposed that organizations, like individuals, develop into collectivities of shared cognitions and rationale, over a period of time. The study adapts Kohlberg''s (1983) model of moral (...) development to examine if organizations can be viewed as passing through different stages of moral development depending on the type of moral reasoning employed to explain their behaviors in the face of ethical crises. Several cases raising questions about the ethics of corporate behavior were researched. An instrument entitled Organization Response Analysis was constructed using statements made by various spokespersons representing five of these organizations. The instrument was administered to 246 graduate and undergraduate students of business (N = 246). Results indicated a great degree of concurrence among respondents of differing genders, levels of education and work experience in determining the stages of moral development of organizations. Limitations of the current study and implications for future research and practice are discussed. (shrink)

Both Martin Heidegger and Harry Frankfurt have argued that the fundamental feature of human identity is care. Both contend that caring is bound up with the fact that we are finite beings related to our own impending death, and both argue that caring has a distinctive, circular and non-instantaneous, temporal structure. In this paper, I explore the way Heidegger and Frankfurt each understand the relations among care, death, and time, and I argue for the superiority of Heideggerian version of this (...) nest of claims. Frankfurt claims that we should conceive of the most basic commitments which practically orient a person in the world and define his identity (“volitional necessities”) as naturalistic facts, foundational for and located completely without the normative space of reasons. In support of this he appeals to the supposedly foundational role played in human life by the instinct for self-preservation, what Frankfurt calls the “love of living.” The claim is that in questions of practical identity there is a definite priority of the factual over the normative. Frankfurt’s naturalistic model of volitional necessity is motivated by a misunderstanding of the temporal structure of care, a misunderstanding that helps lead him to an implausible conception of the basic structures of human identity. Heidegger advances an anti-naturalistic conception of caring, one bound up with his way of understanding how human beings relate to their own future. I argue that the existential, temporal, and normative significance that Frankfurt attributes to the naturalized “love of living” is better captured by the Heideggerian claim that human identity is defined by being “for-the-sake-of” certain projects and commitments, a way of being lived out in the way Heidegger calls “being-towards-death.”. (shrink)

Early Heidegger argues that a “homogenous space of nature” can be revealed by stripping away the intelligibility of Dasein's everyday world, a process he calls “deworlding.” Given this, some interpreters have suggested that Heidegger, despite not having worked out the details himself, is also committed to a notion of deworlded time. Such a “natural time” would amount to an endogenous sequentiality in which events are ordered independently of Dasein and the stand it takes on its being. I show that Heidegger (...) was indeed committed to such a temporal realism even though his treatment of these issues is somewhat scattered and pulled in different directions. In the course of my reconstruction, I renew an interpretation of Heidegger that stresses Dasein's thrownness into nature and I answer William Blattner's powerful interpretation of Heidegger as a failed temporal idealist who was unable to derive the sequentiality of ordinary time from Dasein's non-sequential originary temporality. Heidegger did not attempt to derive sequentiality; instead, he understood it as a built-in feature of the natural universe by which Dasein's activities are constrained. World-time turns out to be a co-production of Dasein's non-sequential originary temporality and the endogenous sequentiality of events in nature. (shrink)

In addition to facing the known competitors in the formal economy, entrepreneurs must also be concerned with rivalry emanating from the informal economy. The informal economy is characterized by actions outside the normal scope of commerce, such as unsanctioned payments and gift-giving, as means of influencing competition. Scholars and policy makers alike have an interest in mitigating the impacts of such informal activity in that it might present an obstacle for legitimate commerce. Received theory suggests that country institutions can enable (...) and constrain productive activity, and, in doing so, influence competitive obstacles in a country. Leveraging 13,670 responses from entrepreneurs distributed across 59 countries, we provide evidence that two particular types of enabling institutions, countries’ property rights regulations and cooperative actions, are useful for lowering the obstacles presented by informal activity. We also find evidence that two constraining institutions, economic and financial regulations lead to more obstacles presented by informal activity. We describe implications for entrepreneurs, policy makers, and future researchers stemming from these findings. (shrink)

This study examines the values of American managers over time. Responses from a nationwide sample of managers are compared and contrasted with two previous surveys (1981 and 1991) of similar sample populations. Continuing and new insights are provided into the importance of managerial values on individual and organizational actions and decisions.

The greatest contemporary challenge in the arena of cognitive neuroscience concerns the relation between consciousness and the brain. Over recent years the focus of work in this area has switched from the analysis of diverse spatial regions of the brain to that of the timing of neural events. It appears that two conditions are necessary in order for neural events to become correlated with conscious experience. First, the firing of assemblies of neurones must achieve a degree of coherence, and, second, (...) reflexive (i.e. top-down, or reentrant) neural pathways must be activated. It does not, of course, follow that such neural activity causes consciousness; it may be, for example, that the neural activity formats the brain to interact with consciousness. The latter possibility is suggested by analysis of mystical texts suggesting that coherence and reflexivity constitute the conditions for the influx of “spirit.” Kabbalistic sources, for example, describe a hierarchy of “brains” in the human and divine realms through which the principles of coherence and reflexivity operate. Whilst the ontological assumptions of such a scheme place it beyond the realm of psychology, parallels with the picture deriving from the contemporary cognitive neuroscience of consciousness are striking. (shrink)

Movies have a striking aesthetic power: they can draw us in and induce a peculiar mode of involvement in their images – they absorb us. While absorbed in a movie, we lose track both of the passage of time and of the fact that we are sitting in a dark room with other people watching the play of light upon a screen. What is the source of the power of movies? Noël Carroll, who cites Maurice Merleau-Ponty as an influence on (...) his account of the power of movies, agrees with Merleau-Ponty that our perceptual experience of movies draws on many of the capacities at work in our perceptual experience of everyday situations. Yet Merleau-Ponty’s account of perception shows that Carroll’s emphasis on intellectual inference and the entertaining of unasserted thoughts is a distortion of the phenomenology of cinematic absorption. According to Merleau-Ponty, such intellectual operations come into play in cases of breakdown but should not be read back into the primary absorbed experience as being implicitly operative all along. After presenting and criticizing Carroll’s view, I interpret and expand upon Merleau-Ponty’s position, showing that his version of the analogy between cinematic perception and everyday perception is more convincing than Carroll’s. (shrink)

This article examines the Kantian thesis of the a priori nature of our knowledge of space. Because it makes the representation of objects possible as external to us and all others, and consequently, as distinct and individualized, space (whatever its structure may be) claims the status as necessary condition and as apriori possibility of all knowledge. However, in the light of various physical, psychological and philosophical considerations, it seems that the particular structure allocated by Kant to space (i.e. uniqueness, infinity, (...) continuity, homogeneity, isotropy, Euclidean character and three-dimensional character) is neither necessary nor a priori but is rather contingent and dependent on experience. For this reason a pragmatist relativization of the transcendental approach appears to be necessary: the structure of space which makes knowledge possible is not apriori in an absolute sense, but rather, it is determined within the context of a certain practice, which is characterized by a certain mode of interaction with the environment and reveals particular empirical constraints to which this spatial structure must fit. (shrink)

In this paper, I address some puzzles about Frege’s conception of how we “grasp” thoughts. I focus on an enigmatic passage that appears near the end of Frege’s great essay “The Thought.” In this passage Frege refers to a “non-sensible something” without which “everyone would remain shut up in his inner world.” I consider and criticize Wolfgang Malzkorn’s interpretation of the passage. According to Malzkorn, Frege’s view is that ideas [Vorstellungen] are the means by which we grasp thoughts. My counter-proposal (...) is that language enables us to grasp thoughts (ideas are merely their baggage or “trappings,” as Frege puts it). One significant consequence of my interpretation is that it helps challenge the standard reading of Frege according to which he is a metaphysical platonist about thoughts. My interpretation thus provides support for the deflationary, anti-ontological reading spelled out by readers like Thomas Ricketts and Wolfgang Carl. As Ricketts puts it, Frege’s distinction between the objective and the subjective, rather than being an ontological doctrine, “lodges in the contrast between asserting something and giving vent to a feeling.”. (shrink)

Abortion is an especially salient issue for considering the general problematic of religiously based conversation in the public square. It remains deeply divisive, fully thirty-four years after Roe v. Wade. Such divisiveness cannot be interpreted as merely an expression of profound differences between “secular” and “religious” voices, because differences also emerge among Christian denominations, reflecting different sources of moral authority, different accounts of moral discernment, and different judgments about the appropriate relations between law and morality in the context of pluralism. (...) As this paper explores, however, despite those differences, a generally identifiable “Christian” position concerning the moral status of abortion can be distinguished from secular philosophical judgments on the issue, which is important for Christian engagement with public policy debate. (shrink)

The dynamics of single populations up to ecosystems, are often described by one or a set of non-linear ordinary differential equations. In this paper we review the use of bifurcation theory to analyse these non-linear dynamical systems. Bifurcation analysis gives regimes in the parameter space with quantitatively different asymptotic dynamic behaviour of the system. In small-scale systems the underlying models for the populations and their interaction are simple Lotka-Volterra models or more elaborated models with more biological detail. The latter ones (...) are more difficult to analyse, especially when the number of populations is large. Therefore for large-scale systems the Lotka-Volterra equations are still popular despite the limited realism. Various approaches are discussed in which the different time-scale of ecological and evolutionary biological processes are considered together. (shrink)

This paper argues that self-consciousness and associated psychic consciousness emerges as a consequence of a recursive selfdirecting on itself of the cognitive centre in the human brain. The neural mechanisms and circuits underlying self-consciousness appeared and developed during biological evolution as an adaptation that increased the fitness of our social ancestors, chances of their survival, and reproduction. These mechanisms/circuits strengthened the efficiency of individuals in various social relations, enabled separation of 'I' from 'he/she' or 'them' and the formation of firstand (...) higher-order theory of mind, stimulated development of complex, recursive language, facilitated forming temporary coalitions directed to achieve a particular goal, helped to establish social hierarchies, and increased coherence and cooperativity of a social group. The reciprocal reinforcement of the development of the neural network in the brain underlying self-consciousness and of the network of various social relations and aspects was a self-driving process, one of positive feedbacks abundant in anthropogenesis. (shrink)

Without a doubt, one of the main reasons Platonsim remains such a strong contender in the Foundations of Mathematics debate is because of the prima facie plausibility of the claim that objectivity needs objects. It seems like nothing else but the existence of external referents for the terms of our mathematical theories and calculations can guarantee the objectivity of our mathematical knowledge. The reason why Frege – and most Platonists ever since – could not adhere to the idea that mathematical (...) objects were mental, conventional or in any other way dependent on our faculties, will or other historical contingencies was that objects whose properties of existence depended on such contingencies could not warrant the objectivity required for scientific knowledge. This idea gained currency in the second half of the 19th Century and remains current for the most part today. However, it was not always like that. Objectivity, after all, has a history, and according to its historians (Daston 2001), the view that scientific knowledge need be objective is a fairly recent one. Up until mid-19th Century, science was not so much concerned with objectivity, as it was concerned with truth. Before the rise of the modern university and the professional scientist, science had the discovery of truths as its ultimate goal. In contrast, modern science now aims at the production and acquisition of objective knowledge. The difference might seem.. (shrink)