Mental capacity and the applied phenomenology of judgement

We undertake to bring a phenomenological perspective to bear on a challenge of contemporary law and clinical practice. In a wide variety of contexts, legal and medical professionals are called upon to assess the competence or capacity of an individual to exercise her own judgement in making a decision for herself. We focus on decisions regarding consent to or refusal of medical treatment and contrast a widely recognised clinical instrument, the MacCAT-T, with a more phenomenologically informed approach. While the MacCAT-T focuses attention on individual cognitive performance criteria, an approach oriented by second-person phenomenology brings into view the complex role of time, others and identity in constituting the capacity for individual autonomous judgement. Our phenomenological analysis has consequences both for the practice of capacity assessments and for further research in this arena. Good practice in capacity assessment must attend to decision communities, distributed capacity, and temporal competence, while research on mental capacity will miss the phenomenon if it trains its focus ‘between the ears.’ We illustrate our approach by considering two recent cases of contested capacity: one involving cognitive disability in a dysfunctional decision community, the second presenting the possibility of competent decision-making under conditions of paranoid schizophrenia.     

Make applied phenomenology what it needs to be: an interdisciplinary research program

Continental Philosophy Review - Once a marginal affair, applied phenomenology is now a vast and vibrant movement. With great success, however, comes great criticism, and critics have been harsh,...     

Autopoietic enactivism,phenomenology and the deep continuity between life and mind

In their recent book Radicalizing Enactivism. Basic minds without content, Dan Hutto and Erik Myin (H&M) make two important criticisms of what they call autopoietic enactivism (AE). These two criticisms are that AE harbours tacit representationalists commitments and that it has too liberal a conception of cognition. Taking the latter claim as its main focus, this paper explores the theoretical underpinnings of AE in order to tease out how it might respond to H&M. In so doing it uncovers some reasons which not only appear to warrant H&M’s initial claims but also seem to point to further uneasy tensions within the AE framework. The paper goes beyond H&M by tracing the roots of these criticisms and apparent tensions to phenomenology and the role it plays in AE’s distinctive conception of strong life-mind continuity. It is highlighted that this phenomenological dimension of AE contains certain unexamined anthropomorphic and anthropogenic leanings which do not sit comfortably within its wider commitment to life-mind continuity. In light of this analysis it is suggested that AE will do well to rethink this role or ultimately run the risk of remaining theoretically unstable. The paper aims to contribute to the ongoing theoretical development of AE by highlighting potential internal tensions within its framework which need to be addressed in order for it to continue to evolve as a coherent paradigm.     

Stance,feeling and phenomenology

This paper addresses Bas van Fraassen’s claim that empiricism is a ‘stance’. I begin by distinguishing two different kinds of stance: an explicit epistemic policy and an implicit way of ‘finding oneself in a world’. At least some of van Fraassen’s claims, I suggest, refer to the latter. In explicating his ordinarily implicit ‘empirical stance’, he assumes the stance of the phenomenologist, describing the structure of his commitment to empiricism without committing to it in the process. This latter stance does not incorporate the attitude that van Fraassen takes to be characteristic of empiricism. Thus its possibility serves to illustrate that empiricism as an all-encompassing philosophical orientation is untenable. I conclude by discussing the part played by feelings in philosophical stances and propose that they contribute to philosophical conviction, commitment and critique.     

Access,phenomenology and sorites

The non‐transitivity of the relation looks the same as has been used to argue that the relation has the same phenomenal character as is non‐transitive—a result that jeopardizes certain theories of consciousness. In this paper, I argue against this conclusion while granting the premise by dissociating lookings and phenomenology; an idea that some might find counter‐intuitive. However, such an intuition is left unsupported once phenomenology and cognitive access are distinguished from each other; a distinction that is conceptually and empirically grounded.     

Illness, phenomenology, and philosophical method

In this article, I propose that illness is philosophically revealing and can be used to explore human experience. I suggest that illness is a limit case of embodied experience. By pushing embodied experience to its limit, illness sheds light on normal experience, revealing its ordinary and thus overlooked structure. Illness produces a distancing effect, which allows us to observe normal human behavior and cognition via their pathological counterpart. I suggest that these characteristics warrant illness a philosophical role that has not been articulated. Illness can be used as a philosophical tool for the study of normally tacit aspects of human existence. I argue that illness itself can be integral to philosophical method, insofar as it facilitates a distancing from everyday practices. This method relies on pathological or limit cases to illuminate normally overlooked aspects of human perception and action. I offer Merleau-Ponty’s analysis of the case of Schneider as an example of this method.     

Renewing the senses: conversion experience and the phenomenology of the spiritual life

In his discussion of conversion experience, in The Varieties of Religious Experience, William James draws attention to a variety of experience which has not been much investigated in the philosophy of religion literature, but which seems to be of some importance religiously??namely, an experience which consists in a re-vivification of the sensory world as a whole. In this paper, I develop four accounts of the nature of this kind of experience, and I show how the experience can inform our conception of the spiritual life, considered as a world-directed mode of experience and practice.     

The logic, intentionality, and phenomenology of emotion

My concern in this paper is with the intentionality of emotions. Desires and cognitions are the traditional paradigm cases of intentional attitudes, and one very direct approach to the question of the intentionality of emotions is to treat it as sui generis—as on a par with the intentionality of desires and cognitions but in no way reducible to it. A more common approach seeks to reduce the intentionality of emotions to the intentionality of familiar intentional attitudes like desires and cognitions. In this paper, I argue for the sui generis approach.