In lieu of an abstract, here is a brief excerpt of the content:Ought We to Require Emotional Capacity as Part of Decisional Competence?Paul S. Appelbaum* (bio)AbstractThe preceding commentary by Louis Charland suggests that traditional cognitive views of decision-making competence err in not taking into account patients’ emotional capacities. Examined closely, however, Charland’s argument fails to escape the cognitive bias that he condemns. However, there may be stronger arguments for broadening the focus of competence assessment to include emotional capacities, centering (...) on the ways in which emotions aid humans in processing information. Before emotional capacities are added to the list of functions essential for decisional competence, though, the feasibility and utility of such a reorientation must be demonstrated.To what extent ought persons’ capacities to experience emotion be taken into account when determining whether they should be deemed competent to make their own decisions? In the previous article, Louis Charland (1998) argues that traditional models of decision-making competence—of which the MacArthur Competence Treatment Study is a typical example—are mistaken in focusing narrowly on persons’ cognitive abilities to the neglect of emotional factors. In contrast, he suggests, constructs of competence ought explicitly to require a capacity to experience emotions, which he believes is central to meaningful decision making, before deeming persons competent.Charland, as he acknowledges, is not the first to suggest that the presence of some degree of emotional capacity is a necessary element of competence, but his argument is among the most elaborate to date and is certainly worth closer examination. Looked at carefully, however, Charland’s argument does not make quite the case for the determination of emotional capacity in competence assessment that he claims for it. Indeed, as I demonstrate below, Charland may share the same “pernicious [End Page 377] cognitive bias” that he ascribes to more traditional approaches. However, despite what I identify as the problems in Charland’s argument, others have raised more disturbing questions about the lack of attention to emotional issues in competence assessment. Thus, I am not ready to reject entirely the possibility that determinations of decisional competence ought to consider emotional factors. I conclude by outlining the questions that remain to be answered to identify more clearly the potential benefits of such an approach.The Construct of Decision-Making CompetenceSome preliminary comments about the nature of the dominant construct of decision-making competence may provide a useful frame for my response to Charland’s paper. Contemporary ideas of competence are tied inextricably to the ideal of self-determination in modern Western societies. Such societies are committed to respect for individual choice, both as a good in its own right and on the grounds that each person knows best what choices will maximize his or her own welfare. In general, therefore, states will not intervene to prevent persons from acting on their decisions, even when the choices they make—like the decision to smoke or to refuse potentially life-saving medical care—may objectively be thought to be detrimental to them.In some cases, however, the presumption that people will act in their own interests, as well as the notion that there is something intrinsically valuable in respecting their choices, fails (Buchanan and Brock 1989). When people’s minds are so disordered that they cannot be said to be making meaningful choices, other values come into play. Such people are called “incompetent.” When persons reach that point, the state’s interest in protecting its citizens becomes primary and someone else must make decisions on their behalf. Note that the size of this group must be sharply limited, lest a liberal society’s commitment to self-determination be undermined: There is no more profound infringement of the rights of citizens than the determination that they are incompetent. Thus, the criteria for incompetence must be selected in a deliberately narrow fashion—alternately, one might say that the standards for competence are made intentionally broad—so that all but a tiny percentage of citizens will be permitted to make decisions on their own.In the Anglo-American world, the process of formulating criteria of competence by and large has been left to the common law courts. Over the course of centuries they have identified the capacities that are, in... (shrink)

Recent Anglophone scholarship has successfully shown that Nietzsche's thought makes important contributions to a wide range of contemporary philosophical debates. In so doing, however, scholarship has lost sight of another important feature of Nietzsche's project, namely his desire to challenge the very conception of philosophy that has been used to assess his merits as a philosopher. In other words, contemporary scholarship has overlooked Nietzsche's contributions to metaphilosophy, i.e. debates around the nature, methods, and aims of philosophy. This important new collection (...) of essays brings together an international group of distinguished scholars to explore and discuss these contributions and debates. It will appeal to anyone interested in metaphilosophy, Nietzsche studies, German studies, or intellectual history. (shrink)

This article examines some of the phenomenological features in Lev Vygotsky’s mature psychological theory, especially in Thinking and Speech and The Current Crisis in Psychology. It traces the complex literary and philosophical influences in 1920s Moscow on Vygotsky’s thought, through Gustav Shpet’s seminars on Husserl and the inner form of the word, Chelpanov’s seminars on phenomenology, Bakhtin’s theory of the production of inner speech, and the theoretical insights of the early Gestalt psychologists. It begins with an exposition of two central (...) Husserlian schemas: part-whole theory and the thesis of the naïve standpoint, both of which Vygotsky was clearly familiar with. This is followed by an account of the reception of phenomenology in early Soviet Russia. The article’s central sections are concerned with a careful unpacking and critique of Vygotsky’s employment of Husserlian method and analysis in his later doctrine of the ‘inner plane of speech’, his use of part-whole theory, and his identification of Husserl’s position with an untenable version of idealism. The article closes with the contention that Vygotsky misrepresents the phenomenological analysis of meaning formation and appropriates basic Husserlian conceptual terms in his elaboration of the ‘inner form of the word’; but Vygotsky does so in such a way that he enriches our descriptive access to the individual development of humans’ dynamic use of language. (shrink)

Exploring the 'roads less travelled', MacDonald continues his monumental essay in the history of ideas. The history of heterodox ideas about the concept of mind takes the reader from the earliest records about human nature in Ancient Egypt, the Ancient Near East, and the Zoroastrian religion, through the secret teachings in the Hermetic and Gnostic scriptures, and into the transformation of ideas about the mind, soul and spirit in the late antique and early medieval epochs. These transitions include discussion of (...) the influence of Central Asian shamanism, Manichean ideas about the soul in light and darkness, and Neoplatonic theurgy, 'working-on-god-within'. Sections on the medieval period are concerned with the rediscovery of magical practices and occult doctrines from Roger Bacon to Francis Bacon, the adaptation of Neoplatonic and esoteric ideas in the medieval Christian mystics, and the survival of these ideas mixed with natural science in the works of von Helmont, Leibniz and Goethe. The book concludes with an investigation of the many forms of dualism in accounts of the human mind and soul, and the concept of dual-life which underpins our aspiration to understand how humans could have an immortal nature like the gods. (shrink)

(2002). Clarifying the Ethics of Clinical Research: A Path toward Avoiding the Therapeutic Misconception. The American Journal of Bioethics: Vol. 2, No. 2, pp. 22-23.

In this article, I examine the linguistic features in Nietzsche's presentations that have led readers to assume that “the same” means numerical identity. I also evaluate the following argument about personal identity that has been used to support this assumption: if we are not numerically identical to our recurring counterparts, then we have no reason to be concerned about the prospect of reliving our lives and Nietzsche's theory cannot have any of the existential significance he ascribes to it. My conclusion (...) is that Nietzsche actually has in mind a complete qualitative identity that includes all spatiotemporal properties. Thus, the supporting argument fails because the problem of persistence through change over time is not relevant to a theory in which persons are neither recurring at a later time nor undergoing any change when they recur. (shrink)

The biblical image of Wisdom as the power who “orders all things well” in nature and in human life can be read in the light of contemporary information theory. Some current scientific speculation offers an interpretation of reality as a vast information‐processing system, in which informational situations are continuously transformed through algorithmic operations. This interpretation finds a metaphysical counterpart in the distinction between “nature natured” and “nature naturing” in the philosophical theology of Samuel Taylor Coleridge. This confluence of religious, metaphysical, (...) and scientific imagery suggests a picture of the world in which the processes of “nature naturing,”“human humaning,” and “God Godding” inform and recur in each other. (shrink)

In this study of Nietzsche's Thus Spoke Zarathustra, Paul S. Loeb proposes a fresh account of the relation between the book's literary and philosophical aspects and argues that the book's narrative is designed to embody and exhibit the truth of eternal recurrence. Loeb shows how Nietzsche constructed a unified and complete plot in which the protagonist dies, experiences a deathbed revelation of his endlessly repeating life, and then returns to his identical life so as to recollect this revelation and (...) gain a power over time that advances him beyond the human. Through close textual analysis and careful attention to Nietzsche's use of Platonic, biblical, and Wagnerian themes, Loeb explains how this novel design is the key to solving the many riddles of Thus Spoke Zarathustra - including its controversial fourth part, its obscure concept of the Übermensch, and its relation to Nietzsche's Genealogy of Morals. (shrink)

Ideas of love within religion are usually driven by one of two mythologies – either a personal God who commands love or a mystical God of ineffable love – but both are inadequate for motivating love of neighbour. The first tends towards legalism and the second offers no cognitive guidance. The situation is further complicated by there being different understandings of love of neighbour in the various Abrahamic religions, as exemplified in the approaches of two philosophers, Søren Kierkegaard and Emmanuel (...) Levinas. A better approach is therefore to explore actual practices of love in everyday life, and to discover how love might be performed openly and creatively. One such practice is recognition of vulnerability, and this too is often driven by a mythology, in this case one marked by fear, and by a violence either imposed or avoided. One paradigmatic example is the vulnerability felt by speakers, especially women, in front of an audience. A turning from wilful ignorance of vulnerability and a turning to reliance on collective work, modelled on an awareness of mutual vulnerability and openness to the unknown, will help to change our philosophical and social imaginary. The dark myth of vulnerability can be transformed into finding opportunities in vulnerability for openness to affection and so to an enhancement of life. It is only from the perspective of this new imaginary, and from everyday practices of it, that the double love-command – love of God and love of neighbour – will function as any kind of common ground between religions. (shrink)

Voluntariness of consent to research has not been sufficiently explored through empirical research. The aims of this study were to develop a more comprehensive approach to assessing voluntariness and to generate preliminary data on the extent and correlates of limitations on voluntariness. We developed a questionnaire to evaluate subjects’ reported motivations and constraints on voluntariness. 88 subjects in five different areas of clinical research—substance abuse, cancer, HIV, interventional cardiology, and depression—were assessed. Subjects reported a variety of motivations for participation. Offers (...) of financial incentives were common but not influential, pressures from others were rare, and no threats were reported. However, certain financial incentives and—paradoxically—altruistic motivations led some subjects to feel more constrained. Consistent with previous studies, no one pattern of motivation was common to all research subjects. There was little evidence of constrained voluntariness, but some suggestion of areas of concern. Voluntariness appears to be susceptible to systematic empirical investigation. (shrink)

Cognitive science has converged in many ways with cognitive psychology, but while also maintaining a distinctive interdisciplinary nature. Here we further characterize this existing state of the field before proposing how it might be reconceptualized toward a broader and more distinct, and thus more stable, position in the realm of sciences.

The ‘universal cell reaction’ (UCR), a coordinated biphasic response to external (noxious and other) stimuli observed in all living cells, was described by Nasonov and his colleagues in the mid‐20th century. This work has received no attention from cell biologists in the West, but the UCR merits serious consideration. Although it is non‐specific, it is likely to be underpinned by precise mechanisms and, if these mechanisms were characterized and their relationship to the UCR elucidated, then our understanding of the integration (...) of cellular function could be improved. As a step towards identifying such mechanisms, I review some recent advances in understanding cell mechanics and the stress response and I suggest potentially testable hypotheses. There is a particular need for time‐course studies of cellular responses to different stimulus doses or intensities. I also suggest a correspondence with hormesis; re‐investigation of the UCR using modern biophysical and molecular‐biological techniques might throw light on this much‐discussed phenomenon. BioEssays 29:324–333, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

Brian Leiter’s second book on Nietzsche brings together ideas and arguments that have already had a significant influence on the field through their earlier formulations in his articles from the past two decades. It is thus indispensable reading for anyone interested in Leiter’s evolving project of showing that Nietzsche has the correct naturalistic approach to issues in moral philosophy and moral psychology. As usual with Leiter’s scholarship, this monograph is extremely clear, densely argued, and philosophically sophisticated.Leiter nicely frames this book (...) with an introduction in which he offers his latest thoughts on Nietzsche’s naturalistic approach and with a concluding chapter in which he joins Joshua Knobe... (shrink)

Reply to a commentary by Felicitas Holzer and Ignacio Mastroleoon “Models of Consent to Return of Incidental Findings in Genomic Research.”.

This article explores the role of changing memes in large systems change toward marriage equality—popularly referred to as same-sex marriage—in the United States. Using an abbreviated case history of the transformation, the article particularly explores the shifting memes or core units of culture, in this case, word phrases associated with marriage equality over time, influencing the social change process. Using both the case history and the empirical work on memes, the article identifies nine lessons to support others tackling large systems (...) change challenges. (shrink)

This creates a Christian theology of wisdom for the present day, in discussion with two sets of conversation-partners: The writers of the 'wisdom literature' in ancient Israel and the Jewish community in Alexandria; and the philosophers and thinkers of the late-modern age, among them Derrida, Levinas, Kristeva, Ricoeur, and Arendt.

Reading the Fourth Gospel in search for its first audience can lead to a fresh awareness of the way in which the contemporary disciple is its audience.

Some years ago I received a phone call telling me that my mother, then in her eighties, had been found wandering the street outside her home. It was the first indication my wife and I had of Alzheimer's disease. We arrived to discover that my mother was incoherent, with the house in disorder, bills unpaid, and perishable food in the night table rather than the refrigerator. Having spent much of my career trying to improve the assessment of decisional capacity, in (...) part to avoid unnecessary deprivation of decision-making rights, I did not take lightly the step to have my mother declared incompetent. But it was necessary. This episode has been on my mind since I returned recently from a conference in Paris devoted to the United Nations Convention on the Rights of Persons with Disabilities. (shrink)

This book deals with the aftermath of the enlightenment and its legacy in the political, social, and racial context. It discusses the incomplete project of modernity in terms of social contract theory, racial justice issues, and political theology in the postcolonial context. Hermeneutical realism and cultural linguistic inquiry become substantial features in elaborating postcolonial political theology and its ethical stance against the colonization of lifeworld and its pathologies. A study of critical theory and political theology is of a reconstructive character (...) in seeking to relocate critical theory and political ethics in the context of alternative modernities at the level of postcolonial theory. (shrink)

Despite much misunderstanding among modern readers and preachers, Jesus' saying in Matthew 5:13 (“You are the salt of the earth”) concerns sacrificing one's life to follow Christ. Moreover, this high cost of discipleship has cosmic significance.