Autonomy, Respect, and The Rights of Persons with Disabilities in Crisis

Article 12 (2) of the UN Convention on the Rights of Persons with Disabilities guarantees persons with disabilities ?the right to legal capacity on an equal basis with others in all aspects of life.? In its General Comment on Article 12, the Committee on the Rights of Persons with Disabilities claims that this guarantee necessitates the abolition of the world?s dominant approach to mental capacity law. According to this approach, when a person lacks the mental capacity to make a particular legal decision at the material time, the state authorizes a third-party to make it on her behalf. The Committee declares such substituted decision-making a violation of the Convention?s guarantee of legal capacity on an equal basis, and therefore demands it be replaced by an allegedly non-discriminatory alternative called supported decision-making. This paper argues that we should reject the Committee?s demand in its current form, because the most influential version of the new approach to supported decision-making suffers from serious conceptual flaws that make it inferior to the mental capacity approach. However, I then argue that the Committee?s demand stems from a legitimate ethical concern with respect and equality that ought to inform the CRPD's implementation process

Objectivity in Science and Law: A Shared Rescue Strategy

The ideal of objectivity is in crisis in science and the law, and yet it continues to do important work in both practices. This article describes that crisis and develops a shared rescue strategy for objectivity in both domains. In a recent article, Inkeri Koskinen (2018) attempts to bring unity to the fragmented discourse on objectivity in the philosophy of science with a risk account of objectivity. To put it simply, she argues that we call practitioners, processes, and products of science objective when they identify and manage certain important epistemic risks. We endorse this view and attempt to tailor Koskinen’s strategy to the problem of objectivity in the legal context. To do so, we develop a novel notion of phronetic risk, and argue that we call practitioners, processes, and products of law objective when they identify and manage certain important epistemic and/or phronetic risks. Our attempt to rescue objectivity is especially important for work at the intersection of law and psychiatry. For that intersection represents a place where skeptical worries about objectivity in science and law work in tandem to pose serious critical challenges to contemporary practice; and our rescue strategy represents a promising way to negotiate those challenges

Make Applied Phenomenology What it Needs to Be: An Interdisciplinary Research Program

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, accusing applied phenomenology’s practitioners of everything from spewing nonsense to assailing down-to-earth researchers with gratuitous jargon. In this article, I reconstruct the most damning criticisms as a dilemma: Either applied phenomenology merely describes experience, in which case it offers nothing distinctive, or it involves the kind of analysis characteristic of classical phenomenology, in which case it’s only of interest to a small number of philosophers; either way, we should explore the experiential dimension by other means. Notwithstanding the enormous body of research in applied phenomenology, few authors have tried to explain what makes it an independent intellectual enterprise distinct from pure phenomenology, and none has defused this dilemma. Here I try my hand at both. After considering eight major approaches to applied phenomenology that fail to defuse the dilemma, I propose an approach that, I argue, does the job, one that understands applied phenomenology as a research program that brings the phenomenological method and the resources of at least one other discipline to bear on problems beyond the scope of any monodisciplinary approach

Achieving CRPD Compliance: Is the Mental Capacity Act of England and Wales compatible with the UN Convention on the Rights of Persons with Disability? If not, what next?

In 2014 the Essex Autonomy Project undertook a six month project, funded by the AHRC, to provide technical advice to the UK Ministry of Justice on the question of whether the Mental Capacity Act is compliant with the United Nations Convention on the Rights of Persons with Disabilities. Over the course of the project, the EAP research team organised a series of public policy roundtables, hosted by the Ministry of Justice, and which brought together leading experts to discuss and debate the issues. A one-day public conference was held at the Institute for Government in July. In September 2014, the EAP research team submitted its findings to the Ministry of Justice

Comparing American soccer dialogues: social media commentary Surrounding the 2014 US men’s and 2015 US women’s World Cup teams

Mega sporting events such as the World Cup have been found to stimulate categorization of in-groups and out-groups among fans. While self-categorization correlates with gender, the sport of soccer also facilitates nationalistic categorization. The World Cup features nation vs. nation competition while making gender a non-variable as the men and women compete in separate tournaments in separate years. This study examined 33,529 tweets illustrating social media match commentary involving US teams and opponents on Twitter during the 2014 and 2015 World Cups. Results revealed US teams were more likely to be described in regard to attributions of success and failure, while opposition teams were more likely to receive personal and physical attributions. Conversely, no differences were found between US Men’s and Women’s teams in regard to characterizations of success and failure, but revealed the Women’s team was more likely to receive personal and physical characterizations

ISSLS PRIZE IN BIOENGINEERING SCIENCE 2019: biomechanical changes in dynamic sagittal balance and lower limb compensatory strategies following realignment surgery in adult spinal deformity patients.

Study designA longitudinal cohort study.ObjectiveTo define a set of objective biomechanical metrics that are representative of adult spinal deformity (ASD) post-surgical outcomes and that may forecast post-surgical mechanical complications. Current outcomes for ASD surgical planning and post-surgical assessment are limited to static radiographic alignment and patient-reported questionnaires. Little is known about the compensatory biomechanical strategies for stabilizing sagittal balance during functional movements in ASD patients.MethodsWe collected in-clinic motion data from 15 ASD patients and 10 controls during an unassisted sit-to-stand (STS) functional maneuver. Joint motions were measured using noninvasive 3D depth mapping sensor technology. Mathematical methods were used to attain high-fidelity joint-position tracking for biomechanical modeling. This approach provided reliable measurements for biomechanical behaviors at the spine, hip, and knee. These included peak sagittal vertical axis (SVA) over the course of the STS, as well as forces and muscular moments at various joints. We compared changes in dynamic sagittal balance (DSB) metrics between pre- and post-surgery and then separately compared pre- and post-surgical data to controls.ResultsStandard radiographic and patient-reported outcomes significantly improved following realignment surgery. From the DSB biomechanical metrics, peak SVA and biomechanical loads and muscular forces on the lower lumbar spine significantly reduced following surgery (- 19 to - 30%, all p < 0.05). In addition, as SVA improved, hip moments decreased (- 28 to - 65%, all p < 0.05) and knee moments increased (+ 7 to + 28%, p < 0.05), indicating changes in lower limb compensatory strategies. After surgery, DSB data approached values from the controls, with some post-surgical metrics becoming statistically equivalent to controls.ConclusionsLongitudinal changes in DSB following successful multi-level spinal realignment indicate reduced forces on the lower lumbar spine along with altered lower limb dynamics matching that of controls. Inadequate improvement in DSB may indicate increased risk of post-surgical mechanical failure. These slides can be retrieved under Electronic Supplementary Material