Imperfect Cognitions

This post is by Lisa Bortolotti who reports on a symposium was organised by Mark Flear to explore interdisciplinary perspectives (law, philosophy of psychiatry, bioethics, sociology, and more) on epistemic injustice, hosted by City University on 15th September 2023.  This is a report of some of the talks presented at the symposium. The other talks were given by Anna Drożdżowicz (on epistemic injustice and linguistic exclusion); Miranda Mourby (on reasonable expectations of privacy in healthcare); and Neil Maddox and Mark Flear (on epistemic injustice and separated human biomaterials).  The City Law School, venue of the symposium The first presentation was by David Archard (Queen’s University, Belfast) on lived experience and testimonial injustice. Lived experience is being increasingly used in debates on a number of controversial areas—as a source of special authority on a given subject. The appeal to lived experience often works in resisting claims that contradict live...

In this post Maksymilian Del Mar  (in the picture above) presents the recent book Legal Fictions in Theory and Practice   (Springer 2015),  co-edited with William Twining . Treating Menorca as if it is a suburb of London, or a ship as if it was a person, or pretending that persons who form contracts are made by rational agents with knowledge of the commitments they are making, or that states who take over other states find a land empty of life (as in the doctrine of terra nullius) – or, positing the existence of consent, malice, notice, fraud, intention, or causation when evidence clearly points to the opposite conclusion (or to no conclusion at all)… All these are example of legal fictions. They fly in the face of reality. And, in the literature on theories of law and legal reasoning, they are not very popular. In this new collection – Legal Fictions in Theory and Practice (Springer, 2015, co-edited by William Twining and Maks Del Mar) – 18 chapters explore anothe...

Jillian Craigie The conference “ Mental Capacities and Legal Responsibilities ” was held at London’s Senate House last week (7-8 April 2014), as a part of my Wellcome Trust and Nuffield Foundation funded project, based in the Philosophy Department at University College London. The project is a comparative study of the way that mental incapacities due to psychiatric disorder are taken into account in legal decisions concerning the right to patient autonomy, and the attribution of criminal responsibility, in England and Wales. The conference expanded on this theme, inviting speakers to discuss the clinical, legal and moral complexities raised by questions of mental capacity arising in diverse legal contexts. Legal tests of decision-making abilities can be used, for example, to determine whether you are allowed make your own treatment decisions, whether you can marry, whether you can consent to sex, your ability to participate in criminal proceedings (and therefore whether you can s...

Alessandro Blasimme  & Marco Canevelli The relationship between mental capacities and autonomy has long been a matter of dispute, but we can surmise that clinical judgments about one’s mental capacities may incorporate or support considerations about patients’ autonomy as well as value judgments bearing on the choice of different therapeutic options, on how and to which degree a patient should be involved in therapeutic decisions and, finally, on the role of caregivers. This has important consequences for patients affected by dementia. Behavioural and psychological symptoms of dementia (BPSD) are defined as “a heterogeneous set of psychological reactions, psychiatric symptoms and anomalous behaviours that appear in patients with dementia, of any etiology” ( Finkel et al. 1996 ).