Written By: Roy Gilbar, Netanya Academic College, Israel, and Charles Foster
In the recent case of ABC v St. George’s Healthcare NHS Trust and others,1 [http://www.bailii.org/ew/cases/EWHC/QB/2015/1394.html] a High Court judge decided that:
(a) where the defendants (referred to here jointly as ‘X’) knew that Y, a prisoner, was suffering from Huntingdon’s Disease (‘HD’); and
(b) X knew that Y had refused permission to tell Y’s daughter, Z (the claimant), that he had HD (and accordingly that there was a 50% chance that Z had it (and that if Z had it there was, correspondingly, a 50% chance that the fetus she was then carrying would have HD),
X had no duty to tell Z that Y was suffering from HD. Z said that if she had known of Y’s condition, she would have had an abortion. Continue reading
By Nadira Faber
Why do humans help others even when it is costly and nothing is to be expected in return? This question has not only developed into a classic in different empirical disciplines, but is also of high interest for fundraisers like charities who would like to know how to increase donations.
In deciding whether or not to prosecute, the Crown Prosecution Service (CPS) applies a two-stage test. The first stage is the evidential stage: is there a realistic prospect of conviction? The second stage is the public interest stage: is it in the public interest to prosecute?
In the well-publicised case of the Labour Peer Lord Greville Janner the CPS has decided, in relation to a number of very serious sexual offences, that the evidential test has been passed. However, four expert clinicians, two instructed by the CPS and two instructed on behalf of Lord Janner, are in unanimous agreement that Lord Janner suffers from a degenerative dementia that is rapidly becoming more severe. He could not engage meaningfully with any trial process. There is no prospect of recovery, and no risk of future offending.
Despite all the jokes there are, in fact, a lot of things that lawyers won’t do. Or at least shouldn’t do. In many jurisdictions qualified lawyers are subject to strict ethical codes which are self-policed, usually effectively, and policed too by alert and draconian regulatory bodies.
Is there any point, then, in law firms having their own ethics committees which would decide:
(a) how the firm should deal with ethical questions arising in the course of work?; and/or
(b) whether the firm should accept particular types of work, particular clients or particular cases? Continue reading
By Dominic Wilkinson @NeonatalEthics
The UK supreme court last week awarded a woman £5 million in compensation after her obstetrician failed to warn her of a risk that she would have difficulty delivering her baby. Over on the JME Blog Kirsty Keywood discusses some interesting and important legal elements of this judgment for the practice of informed consent and how this will be evaluated in negligence claims.
However, the case raises one important ethical issue. Several expert witnesses in the Montgomery case testified that informing women of even very low risks of complications of vaginal birth would likely lead to a significant increase in the number of women choosing elective caesarean section.
If that is true, would it be justified for doctors to deliberately not discuss such risks? Continue reading
During my master’s research on human enhancement I did a lot of talks about cognitive enhancement to the general public. Back then I compiled a list of recurring biases I noticed during the subsequent discussions, as well as some tentative techniques to solve them. The paper “Cognitive biases can affect moral intuitions about cognitive enhancement” already explores the possible effects of some of the biases on my list: status quo bias, loss aversion, risk aversion and omission bias; besides those four, the ones that I more often came across were:
Zero risk bias
This was by far the most glaringly recurring one. It might be a mixture of status quo bias and risk aversion, but I don’t know the name of any bias in the cognitive bias literature which specifically matches it. So this might be one likely to be overlooked.
People would compare cognitive enhancer’s risks with absence of risks. If it had a risk greater than zero, they would mentally classify it as risky. However, this overlooks two things. Firstly, not taking a cognitive enhancement also has several risks. Sandberg, A., & Savulescu, J. (2011) notice how many deaths, accidents, injuries and so on are caused by decisions of cognitive deprived individuals. Secondly, most people committing this bias were already on a cognitive enhancer, which was known to be pretty risky, namely, caffeine. Continue reading
Last week, an article in the Pacific Standard discussed the evolutionary origins and present-day disutility of the Hostile Attribution Bias (HAB). The HAB is exhibited when an individual automatically attributes malicious intentions to another, often in cases where that person’s behavior is ambiguous. For example, when someone uses the colloquial phrase ‘he was looking at me funny’ as a justification for their own hostility, this is meant to imply that the utterer interpreted another person’s gaze as judgmental or even threatening; in fact, though, it may have been neither. Given that those with a propensity towards exhibiting this bias are also more likely to engage in aggressive behavior on its basis, the bias is widely seen not only to be irrational, but also detrimental. Indeed, the author of the aforementioned article says: ‘The trouble is, the more we sense hostility in others, the more aggressive we tend to be in return. And in many social contexts, hostile attribution bias is, as psychologists put it, highly “maladaptive.”’
In what way is the bias ‘highly maladaptive’? Is it wholly irrational? Continue reading
An 11 year-old girl, J.J., is diagnosed with high-risk acute lymphoblastic leukemia, a type of cancer that arises in the bone marrow. She is put on a 32-day course of chemotherapy with an estimated success rate of over 90%. Her doctors don’t know of anyone who has survived this illness without such a course of treatment. However, after just 10 days, her mother withdraws her consent to J.J.’s chemotherapy in order to pursue alternative, non-western remedies. J.J. doesn’t object, but both of her doctors believe that J.J. doesn’t understand either her illness or the importance of the treatment she is on. In all matters, she defers to her mother who is also her surrogate decision maker. The hospital in which J.J. is a patient appeals to Child Services, stating that by ceasing treatment J.J.’s mother has put J.J. into the position of a child in need of protection. Such a status would permit the hospital to continue treatment despite disagreement from J.J’s mother (in her capacity as surrogate decision maker). The case goes to trial, and a ruling is made in favour of J.J.’s mother. J.J. is taken out of the hospital in order to pursue non-western treatment alternatives. It is very likely that J.J. will die. Continue reading
New open access publication: announcement:
In a recently published article, Hannah Maslen, Roi Cohen Kadosh, Julian Savulescu and I present an argument about the permissible (and not-so-permissible) uses of non-invasive brain stimulation technology in children. We consider both children who may be suffering from a specific neurological disorder, for whom the stimulation is intended as a ‘treatment’, and those who are otherwise healthy, for whom the stimulation is intended as ‘enhancement’. For the full article and citation, see here:
Maslen, H., Earp, B. D., Cohen Kadosh, R., & Savulescu, J. (2014). Brain stimulation for treatment and enhancement in children: An ethical analysis. Frontiers in Human Neuroscience, Vol. 8, Article 953, 1-5. Continue reading
Several times this term I’ve staggered out onto Oxford station, cramped and queasy from Cattle Class, and seen packs of sleek suits ooze out of First Class, briefcases in their hands and predatory gleams in their eyes. ‘Let’s go hunting’, one floppy-haired account manager said to his confederates. They climbed into cabs, which they saw as safari Land Rovers heading to the bush, and went off to a panelled room in some college.
To that room, lured by canapés and Mammon, lots of undergraduates will have come. Fizz (far more expensive than the students would ever buy themselves, but not of a standard that would be tolerated in the hunters’ own Esher homes) will have been waiting on silver trays. Vol au vents will have been smilingly circulated by bought-in labour (or possibly by the hunters’ own menials, in their best suits, slightly creased from travelling with me in Cattle). Continue reading