Being Amoral


Book Description

Investigations of specific moral dysfunctions or deficits that shed light on the capacities required for moral agency. Psychopathy has been the subject of investigations in both philosophy and psychiatry and yet the conceptual issues remain largely unresolved. This volume approaches psychopathy by considering the question of what psychopaths lack. The contributors investigate specific moral dysfunctions or deficits, shedding light on the capacities people need to be moral by examining cases of real people who seem to lack those capacities. The volume proceeds from the basic assumption that psychopathy is not characterized by a single deficit—for example, the lack of empathy, as some philosophers have proposed—but by a range of them. Thus contributors address specific deficits that include impairments in rationality, language, fellow-feeling, volition, evaluation, and sympathy. They also consider such issues in moral psychology as moral motivation, moral emotions, and moral character; and they examine social aspects of psychopathic behavior, including ascriptions of moral responsibility, justification of moral blame, and social and legal responses to people perceived to be dangerous. As this volume demonstrates, philosophers will be better equipped to determine what they mean by “the moral point of view” when they connect debates in moral philosophy to the psychiatric notion of psychopathy, which provides some guidance on what humans need in order be able to feel the normative pull of morality. And the empirical work done by psychiatrists and researchers in psychopathy can benefit from the conceptual clarifications offered by philosophy. Contributors Gwen Adshead, Piers Benn, John Deigh, Alan Felthous, Kerrin Jacobs, Heidi Maibom, Eric Matthews, Henning Sass, Thomas Schramme, Susie Scott, David Shoemaker, Walter Sinnott-Armstrong, Matthew Talbert




Incapacity and Theatricality


Book Description

Incapacity and Theatricality acknowledges the distinctive contribution to contemporary theatrical performance made by actors with intellectual disabilities. It presents a close examination of certain key theatrical performances across a variety of different media, including John Cassavetes’ 1963 social issues film A Child Is Waiting; the performance art collaboration between Robert Wilson and Christopher Knowles; and the provocative pranksterism of Christoph Schlingensief’s talent show mockumentary FreakStars 3000. Tracing a global path of performances, Incapacity and Theatricality offers an analysis of how actors with intellectual disabilities have emerged onto the main stage, and how their inclusion calls into question long-held assumptions about both theatre and intellectual disability. For postgraduate students, or anyone interested in the shifting dynamics of twenty-first century theatre, McCaffrey’s work offers a vital consideration of the intersubjective relations between people with and without intellectual disabilities and ultimately addresses urgent questions about the situation and representation of the contemporary subject caught up somewhere between incapacity and theatricality.




Incapacity Benefits and Pathways to Work


Book Description

The Committee's report examines the Government's proposals for welfare reform set out in its Green Paper 'A new deal for welfare: empowering people to work' (Cm 6730, ISBN 0101673027) published in January 2006. The proposed reforms are designed to help more ill or disabled people move into employment, thereby reducing the number of people claiming incapacity benefits by one million within a decade. Issues discussed include: the future rollout of the 'Pathways to Work' scheme; the introduction of a new benefit called Employment and Support Allowance (ESA) to replace incapacity benefit from 2008; support for ill or disabled people to move back into work; employer attitudes; the involvement of healthcare professionals; the role of the private and voluntary sectors; the costs and resources for the reform programme. The Committee welcomes the Government's aim to reform the welfare system in order to help support more ill or disabled people move back into work, but argues that if its reform programme is to be successful it will need adequate resources, particularly over the next few years, and further detailed work in co-operation with key stakeholders including employers and disability organisations.




Consensual Incapacity to Marry


Book Description

Marriage will always be a subject of law and of great interest to both legal scholars and sociologists alike because the anthropology that support marriage perceives justice to be a particular reality. With respect to realization of justice in marriage, the Catholic intellectual tradition has identified a legal category that does not exist anywhere else--namely, the consensual incapacity to marry. the Code of Canon Law promulgated in 1983 contains a juridical innovation (canon 1095), but this has not yet been fully digested by American canonists. Furthermore, its application reveals a vast disconnect with historical exegesis. In the last fifty years, American canonical practice in the sphere of marriage law has lost its foundation. The consequences of this include mechanisms of judgment that are rendered incoherent although not inactive--in other words, the application of law in the Catholic Church moves forward without a clear indication of its anthropological basis. Canon law, then, must either be oppressive or absolutely meaningless. There is one canon in particular that in its formula of consensual incapacity to marry is the center of the attempt to define and resolve this question: canon 1095. As of this moment, however, there is no comprehensive treatment of this canon in its current usage and how it developed into positive law after hundreds of years of implicit reference to the grounds for marriage nullity that it now indicates. professors of canon law, members of the Roman Curia and judicial bodies acknowledge that more than a general response to this crisis of law and marriage what might be needed most is a revision of this single canon. they furthermore acknowledge that American canonical practice is perhaps the most influential in the world. A profile of this canon in American jurisprudence is fundamental and demanded presently. There are over one hundred tribunals of varying functions, over two hundred seminaries and more than five thousand seminarians (each year), seventy million Catholics and tens of millions of these Catholics call their vocation marriage. The question of marriage validity is eternal--both with respect to its relation to an historical past as well as individual present day unions. the readership is vast and this book will be included in syllabi in seminaries, Catholic universities and other faculties of sociology, religion and law. It will be a reference guide in tribunals and studied in the course of legislative reform, but it will also be accessible to both scholars and laypersons. the question of consensual incapacity is asked tens of thousands of times each year anew and there is not yet a definitive study that provides answers and guidance for further development of this notion. Another example of the longevity of this work: the manual it will effectively replace was in print for twenty years with five editions (L. Wrenn, 1970, CuA).







Principles Concerning Continuing Powers of Attorney and Advance Directives for Incapacity


Book Description

Current demographic trends tend towards an increase in the number of elderly people becoming incapable of protecting their own interests due to an impairment or insufficiency of their personal faculties. In addition, the circumstances in which adults become incapacitated are increasingly numerous. The recommendation covers both continuing powers of attorney and advance directives and focuses on aspects such as content, appointment and role of the attorney, form, entry into force, revocation and termination. In contrast to existing instruments in this field, this recommendation brings something new to the table, as it deals primarily with decisions made privately by the persons concerned. Self-determination, according to this instrument, implies that the granters, to a large extent, are free to make decisions regarding their future life.




Mental Health, Incapacity and the Law in Scotland


Book Description

This highly regarded book is a comprehensive and up to date guide to mental health law in Scotland. Every aspect of mental health law is explained, including tribunal procedure, procedures for adults with incapacity, community care, patients' rights and legal remedies for when things go wrong. Mental health and incapacity law affect not just those subject to compulsory orders, but everyone with a mental health problem, dementia or a learning disability.




The role of incapacity benefit reassessment in helping claimants into employment


Book Description

The Work and Pensions Committee supports the Government's objectives for the incapacity benefit (IB) reassessment, which are to help people with disabilities and long-term health conditions to move back into employment, while continuing to provide adequate support for people who have limited capability for work or are unable to work. However, the report finds that the Government's positive messages about the IB reassessment are not getting through to the public. The report argues that that the Government should be more proactive in explaining its aims for the process and in emphasising the range of support which will be available. Current incapacity benefit claimants are being reassessed to decide whether they are able to work. The inquiry looked in detail at the Work Capability Assessment (WCA), the test which is used to assess whether an incapacity benefit claimant is capable of work, or work-related activity. WCAs are carried out by Atos Healthcare as part of a contract with the Department for Work and Pensions. It is widely accepted that the WCA was flawed, in the form in which it was introduced in 2008 for new ESA claimants, leading to a high proportion of inaccurate assessments and poor decisions by Jobcentre Plus. Many of these decisions were overturned at appeal. The report acknowledges that many welcome improvements have been made to the reassessment process as a result of the review by Professor Malcolm Harrington and the trial of the process carried out in Aberdeen and Burnley, before it was introduced nationally.




Support to incapacity benefits claimants through Pathways to Work


Book Description

Reports on the Pathways to Work programme's aims to reduce the number of people claiming incapacity benefits and help them into work. This title suggests that it has had a limited impact and has turned out to provide poor value for money.