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Houston Smit argues that Kant’s conception of the faculties possessed by a rational mind makes use of Aristotle’s notion of energeia and proposes an interpretation of the transcendental deduction of the categories built on this idea. On this interpretation, it is a central plank of the deduction to argue that such a mind possesses the capacity to think only if it is the subject of activities that exhibit characteristic features of Aristotelian energeiai. This shows that Kant conceives of the thinking subject as what Smit calls a robustly Aristotelian substance, even while insisting (consistently) that we do not have cognition of ourselves as “thinking things.” However, this point can be fully appreciated, Smit argues, only if one realizes that the deduction relies on a distinction between objective and non-objective uses of the categories
Stephen Engstrom argues that judgments that amount to knowledge constitute the end of the faculty of understanding. This implies that true judgments and false judgments are not on par in relation to the attainment of this end. False judgments are incomplete realizations of the understanding whose explanation requires reference to a factor that prevents it from attaining its end. Engstrom takes this to show that truth is essential to judgment (and belongs to its form) whereas falsity is not. This is reflected in our original, a priori understanding of judgment, according to which the capacity to judge is the capacity to know (rather than the capacity, say, to judge either truly or falsely). In an appendix, Engstrom relates this account to the notion of objective validity.
This volume of new essays offers a substantial, systematic and detailed analysis of how various Aristotelian doctrines are central to and yet in important ways transformed by Kant's thought. The essays present new avenues for understanding many of Kant's signature doctrines, such as transcendental idealism, the argument of the Transcendental Deduction, and the idea that moral law is given to us as a 'fact of reason,' as well as a number of other topics of central importance to Kant's theoretical and practical philosophy, including self-consciousness, objective validity, the Principle of Sufficient Reason, virtue, and the moral significance of the consequences of action. Two introductory essays outline the volume's central exegetical commitments and anchors its approach in the immediate historical context. The resulting volume emphasizes the continuities between Kant's Critical philosophy and the Scholastic-Aristotelian tradition, and presents, for the first time, a synoptic overview of this new, 'Aristotelian' reading of Kant.
Diagnosing, treating, and caring for individuals with dementia-related syndroms raises unique legal and ethical questions. Individuals with dementia may be more likely to lack decision-making capacity. Additionally, along with their families, individuals with dementia will face complicated health care related decisions – complicated by limited therapy options. This chapter identifies key legal and ethical questions that come up in the clinical and non-clinical setting relevant to dementia-related syndromes.
If more than one good linear approximation is available, then it is natural to try to exploit all of them simultaneously. This is called multiple linear cryptanalysis. The first part of this chapter discusses multiple linear cryptanalysis in general. The second part focuses on the special case with a set of masks that forms a vector space, which is called multidimensional linear cryptanalysis.
Two years on from the implementation of the Assisted Decision-Making (Capacity) Act (ADMCA) 2015, significant legal uncertainty persists in Ireland’s acute hospitals for the care of people who lack capacity to consent to treatment. Consultation-liaison psychiatrists must navigate a legal landscape where clear lacunae have emerged in the regulation of frequently encountered clinical scenarios. We identify three of these – eating disorders requiring refeeding, refusal of life-saving treatment, and unsafe discharges – where neither the ADMCA nor the Mental Health Act 2001 provide legal authority to intervene. In such cases, the Inherent Jurisdiction of the High Court has become the default mechanism for authorising treatment or deprivation of liberty, raising serious concerns about proportionality, clinical delays and uncertainty, cost, and consistency. We also consider a fourth category of patients who require immediate life-saving treatment, and the legal status of Advance Healthcare Directives in this context. Many of the patients who fall into these categories will have an established or suspected mental illness requiring the clinical input of a consultation-liaison psychiatry team.
We contrast Ireland’s evolving capacity legislation with developments in England and Wales. Reflecting on these comparisons, we consider the proposed Protection of Liberty Safeguards may provide some clarification but also contain potential risks of becoming unwieldy and bureaucratic and still fail to provide a workable statutory basis for authorising medical treatment in acute hospital settings. A proportionate, patient-centred, and clinically usable legal framework remains urgently needed.
This chapter examines the political effects of the three programs. I focus on citizen claim-making, particularly demands for public services such as roads, water, and sanitation, and its impact on local governance and power dynamics. I develop a theory explaining how subsidized housing enhances beneficiaries' capacity and motivation to make such demands. This increase in claim-making stems from gains to wealth and dignity, which empower beneficiaries to assert their needs more effectively. Simultaneously, beneficiaries are motivated to make claims to protect their newfound wealth. I add new mechanisms for participation to the political behavior literature, which has primarily focused on identity-related factors such as caste, ethnicity, and religion. I analyze the effects within three housing programs, finding that subsidized homeownership not only boosts claim-making in the short term but also shifts citizens' motivations for engaging with the state. As beneficiaries' sense of dignity improves, their strategies for making claims change. These changes have significant implications for local governance and may also impact other political behaviors, such as electoral participation.
This chapter introduces the book’s main argument that American economic hierarchy has enhanced property rights and state capacity in partner states over the past forty years, challenging the conventional view that United States’ involvement undermines state-building. It outlines the conceptual framework, focusing on extractive capacity and hierarchy as key concepts. The chapter previews the argument, highlights the book’s contributions to system-level theories, state-building research, and international development literature, and outlines the plan for the book.
This chapter highlights the interconnection between economic and social values in the contractual realm, rooted in a perception of people as holder of rights and a broad interpretation of autonomy and human dignity that looks beyond individualistic values. With a focus on grossly asymmetrical contracts, it promotes an understanding of vulnerability in the contractual context based on the circumstances of the transaction, rather than on people’s medical conditions. The chapter reflects on the merits and drawbacks of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) as a potential benchmark for promoting a vision of contract law that responds to both economic and social concerns and recognises the equality of all human beings. The second part considers how English contract law could be brought closer to the equality vision promoted by the UNCRPD, proposing an understanding of the contractual realm based on concentric economic and social spheres, shaped by fluid boundaries, and reflecting on the relevance of contract law as part of a broader set of measures to ensure a fairer society.
This review article explores the legislative differences across Canadian jurisdictions with respect to involuntary admission and treatment pending appeal. Some jurisdictions restrict involuntary admission for mental illness to when there is a risk for serious bodily harm or physical impairment. However, the majority of jurisdictions recognize non-bodily harms or substantial mental or physical deterioration as grounds for involuntary admission when other criteria are met. Once a person is involuntarily admitted, jurisdictions differ on how treatment is authorized and whether treatment can commence while a person contests a finding of incapacity to treatment to the courts. Some jurisdictions permit treatment pending appeal while others do not. This article compares Canadian jurisdictions’ mental health legislation and addresses discrepancies through the lens of the Canadian Charter of Rights and Freedoms and the Canada Health Act.
Educational opportunities and outcomes will determine whether a society thrives or merely survives a 100-year-life. Nations should ensure that educational opportunity gaps do not continue to leave behind children of color and children from low-income households who too often receive inferior educational opportunities. The US should adopt law and policy reforms that help to close these gaps and ensure that all children receive a high-quality education that will empower them to make the personal and professional adaptations that are essential for thriving over a 100-year-life.
The chapter provides a novel detailed analysis of one of the most discussed chapters in the Aristotelian corpus, namely An. 2.5. The central claim is that in An. 2.5 Aristotle lays down his programmatic definition of perception as a complete passive activity. He does so by classing the perceptive capacity with capacities that are already fulfilments (entelekheiai) of their subjects and by showing how this classification is compatible with perception being passive (i.e. a kind of being affected). By working out the concept of complete passive activity Aristotle fills in a conceptual gap left open elsewhere in the corpus (most strikingly in Metaphysics Θ.6), where both completeness and passivity are taken for granted but without showing how the two features can cohere. In An. 2.5, Aristotle, thus, succeeds in capturing how perception differs not only from manifestations of non-passive complete capacities (such as the art of house-building), but also from passive processes (as exhibited in the inexhaustibility of the perceptive capacity and the object-directedness of perception). His definition is programmatic in the sense that it analyses the explananda without, however, yet providing any explanantia.
We consider the neuroethics of treatment without consent from a broader perspective than the accepted starting point of functional mental capacities. Notably, in common law jurisdictions, consciousness is seldom admitted in criminal law as a topic for expert evidence of mentalistic defenses or impairments in civil proceedings, yet consciousness and personality are central in Roman law jurisdictions.
Methods
The framework we have adopted is to consider treatment without consent under the headings goals, processes, treatment, and evaluation. The ECHR and the judges of the European Court of Human Rights (ECtHR) are drawn from both common law and Roman law jurisdictions, so that their interpretations and precedents may be informative concerning alternatives to strict application of capacity tests.
Results
There are variable thresholds for treating without consent according to the complexity and amount of information involved, the seriousness of the consequences of untreated illness, the effectiveness of the treatments available and the benefits of earlier intervention, particularly for disease-modifying treatments. Theory-driven principled approaches and scientific medical process approaches to ethical treatment are contrasted.
Conclusions
Carrara’s emphasis on the importance of consciousness and its layered dysfunctions as evidence of competence or impairment appears more robust than a narrow approach based only on functional mental capacity. Capacity—whether general or functional, remains amenable to rules of evidence and legal judgment at the expense of increasingly excessive simplification. Carrara’s emphasis on the inherent dignity of the person appears most in keeping with modern human rights principles.
The need for more local technical capacity in Health Technology Assessment (HTA) is a leading challenge to its use in low- and middle-income countries. Zambia has been considering using HTA to support its universal health coverage initiative, which includes health benefits package design and implementation. This study assesses the local HTA capacity for the steering committee tasked with supporting the design and implementation of the national health benefits package in Zambia.
Methods
The study applied a cross-sectional web-based survey design and the consensus-based Checklist for Reporting of Survey Studies. Data were collected from the steering committee of the benefits package working group, tasked with leading the design process of the health benefits package using the Instrument for the Assessment of Skills to Conduct a Health Technology Assessment tool.
Results
The majority of respondents had not served on a selection and reimbursement committee. Clinical effectiveness skills in structuring a search strategy, handling missing data, conducting qualitative evidence synthesis, and grading the certainty of evidence were low. Skills for leadership, networking, conflict management, and project coordination, public and patient involvement were mid-level to low. Most of the respondents were aware of ethical issues with health technologies. Health economics skills in economic evaluations and decision analytic modeling, equity and health system efficiency measurement, budget impact analysis, and quality of life were identified for capacity strengthening.
Conclusion
Available technical capacities to revise and implement the national benefits package were lower in health economics, synthesis for clinical effectiveness evidence, ethics, patient and public involvement, and soft skills, in that order.
When will government elites prepare for natural hazards? Existing research posits that governments will respond to disasters, but rarely have incentives to prepare for them. This Element argues that disaster preparedness can, and does, occur in the context of both motivated ruling elites and a capable state. Ruling elites can be mobilized to lead preparedness efforts when there is a risk that past exposure to hazards will lead to political instability in the face of a future hazard. Where elites anticipate a threat to their rule in the face of a future hazard, due to substantial past exposure and significant opposition strength, they will be motivated to engage in disaster preparedness. The quality and character of these efforts subsequently depend on the government's capacity to coordinate the design and implementation of preparedness plans. The Element tests this argument using a medium-N, country case study approach, drawing on evidence from ten countries in Africa and three in South Asia, as well as subnational analysis in India.
Valid and informed consent in healthcare is an ethical and legal requirement. This evaluation reports the practices within UK radiotherapy departments surrounding consent processes and therapeutic radiographer (TR) education. This article focuses on those patients who are considered to lack the capacity to consent.
Method:
This service evaluation adopted a qualitative research design. Seventy-six radiotherapy department managers were sent the online survey: containing a combination of open, closed and free text questions relating to consent practices. Descriptive analysis using Microsoft Excel was performed; additional correlation analysis was attempted with Fisher’s exact test using Statistical Package for the Social Sciences.
Results:
TRs from 39 radiotherapy departments (51%) completed the survey. Analysis of results demonstrated obtaining written consent before radiotherapy treatment was completed in all departments. Assessment methods used to determine capacity to consent varied across the departments. Responses identified 37 departments employ a different consent form for those considered to lack capacity. Thirty-eight departments have a policy surrounding consent; 16 departments reported no formal TR education in consent. Of the remaining 22 departments, 13 departments included lack of capacity within their education package.
Conclusion:
To ensure best practice throughout the UK, is it recommended that radiotherapy departments review their consent processes to ensure they are in the best interests of the patient. It is recommended that TRs are familiar with their regulatory body standards and the ethical and legal issues surrounding consent; all departments should consider capacity and those considered to lack capacity within their education and training framework.
My fieldwork uncovers the differing dynamics of the homeowner self-governance movement in three cities: In Shanghai, 94 percent of condominium communities have established homeowners’ associations (HoAs), compared with 41 percent in Shenzhen and only 12 percent in Beijing. In this chapter, I present a framework with two variables, the risk to social stability and state capacity, to explain the different styles of authoritarianism in the three cities, and examine the role of the local state in the development of HoAs.
There are four fundamental optimization problems arising in information theory: I-projection, maximum likelihood, rate distortion, and capacity. In Chapter 5 we show that all these problems have convex/concave objective functions, discuss iterative algorithms for solving them, and study the capacity problem in more detail. As an application, we show that Gaussian distribution extremizes mutual information in various problems with second moment constraints.
In Chapter 20 we study data transmission with constraints on the channel input. For example, how many bits per channel use can we transmit under constraints on the codewords? To answer this question in general, we need to extend the setup and coding theorems to channels with input constraints. After doing that we will apply these results to compute the capacities of various Gaussian channels (memoryless, with intersymbol interference and subject to fading).
We introduce a relaxed version of the metric definition of quasiconformality that is natural also for mappings of low regularity, including $W_{\mathrm{loc}}^{1,1}({\mathbb R}^n;{\mathbb R}^n)$-mappings. Then we show on the plane that this relaxed definition can be used to prove Sobolev regularity, and that these ‘finely quasiconformal’ mappings are in fact quasiconformal.