In response to the lack of research on the online social network structure of athletes, elements of research on the online social network structure of athletes were constructed based on the whole network perspective and through the study of the characteristics of the whole online social network structure of athletes, in order to provide reference for the physical and mental health development of athletes from a new perspective. Data were collected through questionnaires, and several software programs were used to preprocess (...) and analyse the collected data. Through the analysis of the online whole network structure, it was found that the network density of the online support network was generally greater than that of the online discussion network, and athletes still showed stronger practical support demands and behaved more rationally in the process of training and learning life, while from the perspective of the relationship structure, the athletes’ family and classmates’ online support is weaker than that in previous studies; in terms of the whole network, strong relationships still dominate in this population, while attention should be paid to the impact of weak relationships. (shrink)

This study chooses Chinese athletes as the research object and constructs the overall network of its social support network and discussion network. From the micro-, meso-, and macrolevels of the social network structure, the structure and characteristics of the athlete’s overall social network are analyzed. Through research, we found that there is embeddedness, that is, the relevance, between society support networks, between society discussion networks, and between society support networks and society discussion networks. At the same time, in the athletes’ (...) social support network and social discussion network, some athletes have no contact with other players; they have no “power” in the group as well, so it is difficult to obtain network resources. We also found that there are small-world characteristics in the social network of Chinese professional athletes. The above findings will provide a deeper understanding of the peculiarities of athlete groups and have certain practical significance for improving athletes’ daily training and life management conditions. (shrink)

The lifetime prevalence of major depressive disorder in adolescents is reported to be as high as 20%; thus, MDD constitutes a significant social and public health burden. MDD is often associated with nonsuicidal self-injury behavior, but the contributing factors including cognitive function have not been investigated in detail. To this end, the present study evaluated cognitive impairment and psychosocial factors in associated with MDD with NSSI behavior. Eighteen and 21 drug-naïve patients with first-episode MDD with or without NSSI and 24 (...) healthy control subjects were enrolled in the study. The Hamilton Anxiety Scale, Hamilton Depression Scale, Adolescent Self-injury Questionnaire, Beck Scale for Suicide Ideation–Chinese Version, Shame Scale for Middle School Students, Sensation Seeking Scale and Childhood Trauma Questionnaire were used to assess depression-related behaviors, and event-related potentials were recorded as a measure of cognitive function. The latency of the N1, N2, P3a, P3b, and P50 components of ERPs at the Cz electrode point; P50 amplitude and P50 inhibition showed significant differences between the 3 groups. CTQ scores also differed across three groups, and the NSSI– and NSSI+ groups showed significant differences in scores on the Shame Scale for Middle School Students. Thus, cognitive function was impaired in adolescents with MDD with NSSI behavior, which was mainly manifested as memory decline, attention and executive function deficits, and low anti-interference ability. We also found that childhood abuse, lack of social support, and a sense of shame contributed to NSSI behavior. These findings provide insight into the risk factors for MDD with NSSI behavior, which can help mental health workers more effectively diagnose and treat these patients. (shrink)

This paper explores the ethical and conceptual implications of the findings from an empirical study (reported elsewhere) of decision-making capacity in anorexia nervosa. In the study, ten female patients aged thirteen to twenty-one years with a diagnosis of anorexia nervosa, and eight sets of parents, took part in semistructured interviews. The purpose of the interviews was to identify aspects of thinking that might be relevant to the issue of competence to refuse treatment. All the patient-participants were also tested using the (...) MacArthur Competence Assessment Tool—Treatment test of competence. This is a formalized, structured, interviewer-administered test of competence, which is a widely accepted clinical tool for determining capacity. The young women also completed five brief, self-administered questionnaires to assess their levels of psychopathology. The issues identified from the interviews are described under two headings: difficulties with thought processing and changes in values. The results suggest that competence to refuse treatment may be compromised in people with anorexia nervosa in ways that are not captured by traditional legal approaches. (shrink)

In two recent papers, Mr Robert Young maintains that all attempts by philosophers to bolster the-violation-of-law concept of miracles are bound to fail and propounds what he claims to be a novel non-reductivist concept of miracles which avoids the conceptual difficulties of the violation-model. His view of miracles is of god being ‘an active agent-factor in the set of factors which actually was causally operative’ [p. 123] in an event dubbed a miracle. God is put in among ‘the plurality of (...) causes’ [p. 122, S p. 33] that could determine the event, but if he acts in a miracle, then ‘his presence…alters the outcome from what it would have been if, contrary to fact , he had not been present’ [p. 122]. Young claims that his concept ‘is neither a violation of … laws nor is it a coincidental occurrence religiously interpreted’ [p. 122, S p. 33], and so it avoids the difficulties, which he thinks are faced by the violation-model, of having an intelligible notion of an occurrence of the physically impossible, and also the reductivism inherent in taking mere coincidences as miracles. He also suggests a procedure of settling the epistemological issue regarding particular alleged miracles, an inquiry he thinks he has made possible by having first given a sense to miracles. [p. 126]. (shrink)

What is social entrepreneurship? In, particular, what’s so social about it? Understanding what social entrepreneurship is enables researchers to study the phenomenon and policy-makers to design measures to encourage it. However, such an understanding is lacking partly because there is no universally accepted definition of entrepreneurship as yet. In this paper, we suggest a definition of social entrepreneurship that intuitively accords with what is generally accepted as entrepreneurship and that captures the way in which entrepreneurship may be altruistic. Based on (...) this we provide a taxonomy of social entrepreneurship and identify a number of real cases from Asia illustrating the different forms it could take. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Decision-Making as a Broader ConceptJacinta O. A. Tan (bio), Anne Stewart (bio), and Tony Hope (bio)KeywordsCompetence, decision-making, capacity, anorexia nervosa, autonomy, values, identityWe thank Demian Whiting for the thoughtful critique of aspects of our paper (Tan et al. 2006a). A primary aim of our research was to provide empirical grounds on which to stimulate discussion about the nature of decision-making capacity (DMC). Whiting criticizes in particular the concept of (...) 'pathological values' that we suggested might be relevant in the assessment of DMC and in the related issue of deciding when a patient's refusal of beneficial treatment should be overridden.Whiting's central concern is with DMC. Whiting argues that the absence of pathological values should not be a criterion for DMC. We are unclear whether he is also arguing that pathological values do not provide a reason of any kind for overriding treatment refusal. At the end of the paper he writes: "we cannot justify compulsory treatment of patients who have pathological values... on the grounds that these patients lack DMC" (2009, XX). This seems to leave open the possibility that we may be able to justify compulsory treatment of patients who have pathological values on grounds other than that they lack DMC. As we wrote in our response to the discussants of our original paper, "The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests" (Tan et al. 2006b, 300).In deciding on whether to use compulsory treatment, there are other relevant factors that may need to be considered, such as the seriousness of the decision, which determines the threshold for competence. However, in this response we consider three issues. First, we argue that the current concept of DMC is by no means so clear cut or generally agreed upon as Whiting implies, and that some of the lack of clarity relates to pathological values. Second, that the concept of DMC is itself dependent on accounts of autonomy, and that it is plausible that pathological values can affect autonomy. Third, we directly consider the question of whether a coherent account of pathological values might be given based on a concept of authenticity.The Current Criteria for DMCWhiting argues that the current criteria for DMC are correct and that an additional criterion along the lines of absence of pathological values should not be added. This argument assumes that there is a clear and agreed understanding of the current criteria. We believe this is not the case for three reasons.(i) Whiting begins his account of DMC by saying that it is normally taken to include: "(1) [End Page 345] understanding (and appreciation)" (2009, 341). Already there is an area of dispute, and the use of parentheses reflects this. The concept of 'appreciation' was developed by Grisso and Applebaum (Grisso, Appelbaum, and Hill-Fotouhi 1997). It is not included in either English common law development, for example (ReC), nor in the criteria specified in the Mental Capacity Act 2005. More important, Grisso and Appelbaum in their comment on our original paper (2006) argue that our work advances thinking about 'appreciation' rather than requiring that we add new elements. The implication is that they believe that what we have called pathological values are relevant to the assessment of capacity and are already included in an account of capacity that incorporates the criterion of 'appreciation.' In our response, we argued that pathological values are not entirely captured within the account of appreciation that Grisso and Appelbaum had previously given. We do not want to revisit that issue here, but the point of relevance is that on one view (that of Grisso and Appelbaum) pathological values are already included in the current criteria for DMC as part of the concept of appreciation, whereas on Whiting's view they are not.(ii) Even if there were agreement over the wording and concepts relevant to DMC there is a further important issue: how are those concepts... (shrink)

是東漢哲學家、思想家桓譚的主要論着，但早己亡佚。今存之輯本有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本，及近人朱謙之輯本，但均有不足。有鑒於此，吳則虞先生於1962年着有新輯本，收錄 二百餘條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存疑、訂訛之文；記載桓譚事跡、著述、評論之文。 桓譚，后漢時人，官至給事中。博學多識，破讖緯迷妄，去虛妄偽飾，先於王充、張衡，具有唯物啟蒙學者之學識，是漢時哲學思想家。《新諭》是桓譚主要論着，但早已亡佚。據歷史記載，明有二卷本，清有孫之騌輯本，皆不 傳。另有《指海》內佚名氏輯本、清孫馮翼輯本、清嚴可均輯本、黃以周輯本及近人朱謙之輯本。從今日的學術、校勘、編排諸方面來看，諸本均有不足：或短椾零篇，漫無倫紀；或望文歸屬，強系篇名；或條目重復，內容雜陳 迭見；或引用刻本，多有遺漏；或雖沿用十七卷篇目之名稱，但其條目已不能再顯現原書各篇的思想內容。有鑒於此，吳則虞先生於一九六二年着有新輯本，收錄二百余條，以類相從，分為八卷，並添加附編，匯涵桓譚佚文、存 疑、訂訛之文；記載桓譚事跡、著述、評論之文；最后殿以輯校引用書目及版本之詳目，以便於讀者查閱與研究。此書成為目前桓譚《新論》集大成之著作。.

In lieu of an abstract, here is a brief excerpt of the content:Studying Penguins to Understand BirdsJacinta O. A. Tan (bio), Anne Stewart (bio), Ray Fitzpatrick (bio), and Tony Hope (bio)Keywordsanorexia nervosa, treatment decision-making, competence, valuesWe are grateful to Grisso, Appelbaum, Charland, and Vollmann for their thoughtful commentaries on our paper. We would like to respond by picking up on some of the points they make, although we do not address all the issues raised.Our general aims in the paper are (...) less immediately pragmatic than are the central concerns of Grisso and Appelbaum. Our interest is primarily in a number of ethical, and related conceptual, issues that arise from empirical data. In the long run, of course, we believe that these ethical and conceptual issues are important to the care of people with mental disorders, but our focus is philosophical.Our central interest is what justifies overriding treatment refusal. We are unhappy with a "status" approach according to which, for example, the mere fact that a person suffers a mental disorder provides grounds for overriding her wishes. Such an approach, it seems to us, fails to identify reasons, and discriminates against those with mental disorder, a view shared by the Law Commission (The Law Commission 1995). We are, on the other hand, attracted by the approach that grounds any overriding of treatment refusal on lack of capacity (or competence) to make treatment decisions. The concept of capacity has been well developed through legal cases and conceptual analysis, not least by Grisso and Appelbaum themselves. We were struck, however, first through clinical experience, and subsequently from the pilot study reported in our paper, that many patients with anorexia nervosa who refuse treatment do not necessarily lack capacity, using the current criteria, and yet show features or give reasons that raise serious doubts as to whether it is right to respect their refusal of treatment.To avoid reliance on a "status" approach, the issue with which we are grappling is whether the concept of capacity (and therefore lack of capacity) can be developed to encompass some of our findings, and whether it is ethically right to do so. Charland makes the important point that the concept of competence, or capacity, has both a descriptive and a prescriptive component. It is for this reason that the question of whether, for example, we should extend the criteria for capacity is part of the question of when it is morally right to override treatment refusal.Grisso and Appelbaum suggest that our work advances "our thinking about appreciation, rather than requiring that we add new elements" (2006, 297). From our perspective, and at this stage, it is a secondary issue whether we are suggesting a development of appreciation, or a new element (e.g., "pathological values"). The primary issue for us is whether the reasons for refusal to which we draw attention provide grounds for overriding refusal, and if they do how they can be characterized in [End Page 299] such a way as to avoid the ever-present danger of simply overriding autonomy in a patient's best interests.We chose to study anorexia nervosa for various reasons, but we expect that the issues raised have a more general relevance (such as to substance abuse and impulse control disorders as Grisso and Appelbaum and Charland suggest). We do not expect the results to be relevant to all, or even most, mental disorders. Our main interest is not the specific management of people with anorexia, but how the data challenge, and help to develop, the concept of capacity, and the ethical analysis of overriding patient refusal of treatment. Our paper aims to address what we understand Charland to be referring to by the "pretheoretical desiderata" (2006, 283) of the concept of capacity. One reason why we chose anorexia as the focus of this work is because it is different from many mental disorders in the issues that it raises. In this it is, perhaps, rather like studying penguins to better understand the concept of bird just because penguins, although clearly birds, have unusual features.We agree, therefore, with Grisso and Appelbaum's caution that it would be unwise to jump in and change the MacCAT-T on the basis of the results... (shrink)

I argue that an account of national responsibility, as both collective and inheritable, that allows for making sense of holding nations responsible as an entity for past international injustices and to make reparations for these injustices is not at odds with the demands of global egalitarianism. A global distributive commitment does not deny this account of national responsibility; to the contrary, we can properly appreciate the scope of national responsibility only in light of what global justice truly demands. Thus while (...) I agree with David Miller that we can hold nations accountable for past international injustices, I do not agree with Miller that this is in tension with global egalitarianism. (shrink)

Liberal nationalism is a boundary‐making project, and a feature of this boundary‐making enterprise is the belief that the compatriots have a certain priority over strangers. For this reason it is often thought that liberal nationalism cannot be compatible with the demands of global egalitarianism. In this essay, I examine the sense in which liberal nationalism privileges compatriots, and I argue that, properly understood, the idea of partiality for compatriots in the context of liberal nationalism is not at odds with global (...) equal concern for all persons. In particular, I argue that the three central goals and aspirations of liberal nationalism—promoting individual autonomy and cultural identity, the realization of deliberative democracy, and the aspiration for social justice within the state—do not entail or require a form of compatriot partiality that is inconsistent with the demands of global egalitarian justice. (shrink)

This is a brief review of the Civics and Moral Education programme currently in use in Singapore schools. The paper offers an appraisal of the rationale provided in policy statements and of selected official and students' workbook descriptions of curricular content, activities and pedagogic theories. It shows that the Civics and Moral Education programme is more a matter of training students to absorb pragmatic values deemed to be important for Singapore to achieve social cohesion and economic success, rather than moral (...) education as the development of intrinsic commitment to and habituation in the practice of values, defended on autonomous moral considerations and not mere national expediency. Whilst educationists would be inclined to take issue with the programme's ultimate stand on values, they might warm to the pedagogy it prescribes in terms of the need for character-building by practice and experience, and also the importance of reasoning in the resolving of disputes and dilemmas. (shrink)

THE ARTICLE ARGUES THAT RECENT ATTEMPTS, TO REFUTE THE NEO-HUMEAN CONTENTION 1. THAT MIRACLES CONSIDERED AS VIOLATIONS OF NATURAL LAWS ARE IN PRINCIPLE UNIDENTIFIABLE, AND 2. THAT IN ANY CASE CRITICAL HISTORY WOULD ALWAYS RULE AGAINST ACCEPTING PURPORTED EVIDENCES FOR MIRACLES, ARE UNSUCCESSFUL EVEN THOUGH SUGGESTIVE IN THE RIGHT DIRECTION. THEY EITHER EVADE THE ISSUE, OR FAIL TO FULLY COGNISE THE PURPORT OF THE CONTENTION. IT IS THEN ARGUED THAT ONCE MIRACLES ARE CONSIDERED WITHIN THEIR RELIGIOUS CONTEXT, SITUATIONS COULD BE (...) ENVISAGED WHERE THE NEO-HUMEAN POSITION WOULD BE UNDULY SCEPTICAL. (shrink)

Since the official history-writing is a defining aspect for the formation and consolidation of nation-states, it is crucial to explore the attempts to legitimize particular discourses regarding historical atrocities. The selective representations of the past, in this regard, contradict counter-memories and propagate hegemonic patterns of remembrance and/or forgetting of past crimes. This article accordingly addresses how the representations of counter-memories as threats to national security and the silencing of gender-specific experiences and remembrances by sanctioned historical narratives become manifest in the (...) history-making of the Turkish nation-state. By focusing on the Holocaust and the Armenian Genocide as two cases of crimes against humanity, it is intended to discuss the shifting positions and roles that the Turkish state adopts in the remembering and forgetting of historical offences. The article argues that through prioritizing national security and national interests, the securitization of memory reconstructs collective traumas of distinct ethnic and religious groups on the basis of a nation-state’s perceived internal and external threats. It also claims that the competing voices of women and their distinct experiences and patterns of remembrance and forgetting past atrocities are suppressed for the sake of the preservation of national security. By incorporating the issue of gender into the debate on the securitization of memory, this article elucidates the mismatch between positions of femininity and masculinity within the official national historiography of the Turkish state. (shrink)

This essay argues two main points by analyzing Sengzhao’s contentions regarding several basic Buddhist concepts such as emptiness, being, and nonbeing. First, Sengzhao synthesizes Daoist methods of argumentation into his description of the middle path and other Buddhist concepts. Second, he revives Daoist concepts, giving them Buddhist meaning and expressing them in Buddhist terms. In the process, he consciously differentiates Madhyamika Buddhism from earlier Buddhism as understood from a Daoist perspective, such as the teachings of the School of Original Non-Being (...) and the School of No-Mind. However, because his understanding of the middle path is not sufficiently deep, he wavers between Buddhist and Daoist understandings of terms such as prajñā and nirvāṇa, rest and movement, and name and reality. Despite these inconsistencies, his discourse, as the first attempt to differentiate Madhyamika from Daoism, is still a milestone in the development of Chinese Buddhism and has exerted a far-reaching influence on later generations. (shrink)

YOUNG DESCRIBES A MIRACLE AS DESCRIPTION OF AN EVENT EFFECTED BY A SET OF CAUSALLY OPERATIVE FACTORS, A NECESSARY ONE OF WHICH BEING GOD’S PRESENCE. BUT THE ACCOUNT IS ONLY A REDRESSING OF THE VIOLATION-OF-LAW MODEL OF MIRACLES AND DOESN’T ESCAPE THE CONCEPTUAL DIFFICULTIES OF THE MODEL NOR THE METHODOLOGICAL DIFFICULTIES CONCERNING IDENTIFYING AND ASCERTAINING PURPORTED MIRACLES.

In his paper ‘The Problem of the Meaning of “Miracle” , Professor Michael J. Langford proffers a concept of miracles that derives its intelligibility from the familiar phenomenon of the interaction of minds. Miraculous occurrences are portrayed as a variant, though abnormal, form of what we may term ‘inter-psychosomatic influence’, God's mind being the ultimate determinant. Langford thinks that to speak significantly of miracles, the phenomenon should be understood as ‘not totally dissimilar to our previous experience’ ; hence the familiar (...) notion of inter-psychosomatic influence. He thinks, too, that to talk of miracles as God interfering directly with the natural order would be to admit that such interference would not upset our concept of human nature and responsibility, a consequence which, to Langford, would make it inconsistent for Christians to maintain the free-will defence in the face of the problem of evil. According to Langford, human interference with the natural order does not vitiate the preconditions of human responsibility, and so he thinks that his concept of miracle, which is only ‘an extension of the same phenomenon, of a kind that also does not disrupt either human freedom or the stable order that is the necessary context for human life’ , will provide a way out of the dilemma. Having agreed with Hume and Flew that it would be unreasonable ‘to explain an unusual event by introducing divine causation if we hadn't already got independent evidence for the divine’ , Langford nevertheless maintains that ‘unthought possibilities’ should not be ruled out in the manner of a ‘prejudiced theorist’ . He thinks that such possibilities are left open in his concept of miracle, which makes the prior assumption that ‘independent grounds for belief in God’ exist before affirming that, given that God exists, miracles may be consistently and substantively understood in terms of a special distinguishable sort of inter-psychosomatic influence. He concedes, of course that his concept would rule out ‘those miracles that appear to be quite apart from the working of grace through human minds’ . I think, however, that Langford's thesis is faulty at key places. (shrink)

In the 1920s, John Dewey's followers in China, led by his student Hu Shih, attempted to put his pragmatism into practice in their quest for democracy. This essay compares Hu Shih's thought, especially his emphasis on pragmatism as method, with Dewey's philosophical positions and evaluates Hu's achievement as a pragmatist in the context of the tumultuous times he lived in. It assesses Hu's claim that the means to democracy lies in education rather than politics, since democracy as a way of (...) life requires a cultural renewal beyond institutional changes. It argues that a problem‐centered approach to social change does not preclude radical action, even revolution. But pragmatism is against gratuitous use of violence in the service of wholesale and abstract ideals advocated by various “isms.” While Hu's experiment of democracy in China is a significant episode in the history of pragmatism, its “failure” does not prove that there are inherent flaws in the pragmatist method, that pragmatism is unviable for China. The failure needs to be understood in the context of the pragmatist conception of experiment, in which failures are to be expected; what is important is to learn from them to achieve better results in the next stage of inquiry. Hu Shih's pragmatism contains lessons for pragmatists and for those interested in the continued quest for democracy in China—the experiment continues. (shrink)

Building a tolerant society as the foundation for a competitive society.

“No, dear, you must not eat the soap; it’s not good for you.” Well-intentioned interference frustrates our desires even in the happiest childhood. Less happy is the perpetual state of adolescent rebellion against apparently arbitrary and unreasonable curtailments of one’s freedom, too frequently justified by the familiar refrain “It’s for your own good” adding insult to injury. Such interference does not necessarily cease with the eagerly awaited entry into adulthood. Not only parents are guilty of it; the state also engages (...) in such interference. Can paternalism where one person deliberately interferes with another for the latter’s own good be morally justified? (shrink)

Philosophy of dialectical materialism and logic.

This article highlights the significance of the “Za shuo” 雜說 (Miscellaneous discourses) series for the study of Han Yu’s 韓愈 (768–824) political ideology, which proposes a three-tier system of governance that is made up of the emperor, the feudal lords, and the bureaucrats. The emperor is the pinnacle of the system; he collaborates with his ministers to devise state policies in the inner palace. The feudal lords protect the emperor in the regional areas. The bureaucrats form the machinery of the (...) government and implement its policies. Challenging current scholarship, which treats each of Han Yu’s essays independently, the article proposes a new interpretation of them as a whole It argues that the three essays “Long shuo” 龍說 (Discourse on the dragon), “Yi shuo” 醫說 (Discourse on physicians), and “Ma shuo” 馬說 (Discourse on horses) form an organic unit that provides internally consistent counsel to the ruler for his governance, and that a fourth essay, “Ti Cui Shanjun zhuan” 題崔山君傳 (Foreword to the biography of Cui Shanjun), is likely an interpolation. Through unearthing the true meaning of this series, the article also narrows down its time of composition, which has traditionally been left unspecified. This article also reveals Han Yu’s attitude toward the revived concern over the enfeoffment of princes in medieval China and toward his political ideology, which is not purely Confucian. The article thus is a contribution to the study of both political history and literary creation in the mid-Tang era. (shrink)

In his stimulating and provocative collection of essays, Globalization and Justice, Kai Nielsen defends a cosmopolitan account of global justice. On the cosmopolitan view, as Nielsen understands it, individuals are entitled to equal consideration regardless of citizenship or nationality and global institutions should be arranged in such a way that each person's interest is given equal consideration. Nielsen's defense of cosmopolitan justice in this collection will be of no surprise to readers familiar with his socialist egalitarian commitments. Indeed, the internationalism (...) underlying socialism, Nielsen would argue, naturally entails the cosmopolitan account of justice. (shrink)

Anonymous didactic verse work, with paraphrase in Tamil and English; transcribed from a palm-leaf manuscript preserved in the Tanjore Maharaja Serfoji's Sarasvati Mahal Library.

Differences in guidance from various organisations is preventing uniform standards of practiceThe emphasis in medical law and ethics on protecting the patient’s right to choose is at an all time high. Apart from circumscribed situations, for instance where the Mental Health Act 19831 is applicable, the only justification for medically treating an adult patient against his or her wishes is on the basis of common law, using the principle of best interests, and only when he or she lacks capacity to (...) refuse treatment. As a result, it is important that clinicians should be able to assess capacity to refuse treatment. Given that judgements of incapacity involve deciding that a person does not have the ability to refuse treatment, a great deal of care needs to go into the assessment and characterisation of incapacity.There is divergence between the characterisation of capacity that is used by the courts and that which is recommended by the British Medical Association . The BMA usefully expands on the first element of capacity as set out in the standard legal definition of capacity in the Re C judgment2 but ignores the other two elements. By doing this, the BMA makes it unclear whether it is rejecting these as relevant to capacity; it also misses the opportunity to expand on these elements in a clinically useful way.We will begin with a description of the BMA’s advice3 and the standard English legal definition of capacity.2,4 Then we will show that there are important discrepancies between these two sources of advice. We think that the BMA ought to clarify its position on capacity in order to safeguard the interests of physicians, healthcare workers, and patients.THE RE C TESTMr C was a patient in a psychiatric secure hospital who had chronic paranoid schizophrenia with …. (shrink)