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Casinos should say: ‘Enough. Go home.’

Casinos should say: ‘Enough. Go home.’

Over about 14 months, Harry Kakavas lost $20.5 million in a casino in Melbourne. It could have been worse. He put about $1.5 billion on the table. He sued the casino. It knew or should have known, he said, that he was a pathological gambler. It shouldn’t have continued to take his money. It should have protected him from himself. Nonsense, said the High Court of Australia.

Here’s why:

‘Even if, contrary to the findings of the primary judge, the appellant did suffer from a psychological impairment, the issue here is whether, in all the circumstances of the relationship between the appellant and Crown, it was sufficiently evident to Crown that the appellant was so beset by that difficulty that he was unable to make worthwhile decisions in his own interests while gambling at Crown’s casino. On the findings of fact made by the primary judge as to the course of dealings between the parties, the appellant did not show that his gambling losses were the product of the exploitation of a disability, special to the appellant, which was evident to Crown.

Equitable intervention to deprive a party of the benefit of its bargain on the basis that it was procured by unfair exploitation of the weakness of the other party requires proof of a predatory state of mind. Heedlessness of, or indifference to, the best interests of the other party is not sufficient for this purpose. The principle is not engaged by mere inadvertence, or even indifference, to the circumstances of the other party to an arm’s length commercial transaction. Inadvertence, or indifference, falls short of the victimisation or exploitation with which the principle is concerned.‘ (paras 160-161 of the judgment).

So it all turned on findings of fact (it wasn’t ‘sufficiently evident’ that his losses were the result of a disability, and if they were, they weren’t the product of a disability ‘special to the appellant.’)

That last criterion is interesting. The court seems to be implying that everyone who puts themselves in the position of losing large amounts of money in a casino is necessarily not quite right in the head. To establish liability you need a degree of vulnerability over and above that possessed by the ordinary punter. By accepting the trial judge’s finding that Kakavas did not suffer from a ‘psychological impairment’, the court was presumably saying: ‘Right: so Kakavas is weak and easily exploited: but that’s true of everyone who walks through the door, buys some chips and sits down at the table. That sort of weakness is within the general bell curve of human flabbiness. But Kakavas wasn’t particularly, dramatically, visibly weak.’Read More »Casinos should say: ‘Enough. Go home.’

Cry havoc and let slip the robots of war?

Stop killer robots now, UN asks: the UN special rapporteur on extrajudicial, summary or arbitrary executions Christof Heyns has delivered a report about Lethal Autonomous Robots arguing that there should be a moratorium on the development of autonomous killing machines, at least until we can figure out the ethical and legal issues. He notes that LARs raise far-reaching concerns about the protection of life during war and peace, including whether they can comply with humanitarian and human rights law, how to device legal accountability, and “because robots should not have the power of life and death over human beings.”

Many of these issues have been discussed on this blog and elsewhere, but it is a nice comprehensive review of a number of issues brought up by the new technology. And while the machines do not yet have fully autonomous capabilities the distance to them is chillingly short: dismissing the issue as science fiction is myopic, especially given the slowness of actually reaching legal agreements. However, does it make sense to say that robots should not have the power of life and death over human beings?

Read More »Cry havoc and let slip the robots of war?

Podcast: David Nutt, ‘The current laws on drugs and alcohol – ineffective, dishonest and unethical?’

Professor David Nutt argues in this podcast of his lecture, that whilst the use of the law to control drug use is long established, it remains unproven in efficacy. Although seemingly obvious that legal interdictions should work there is little evidence to support this assertion. So for example cannabis though illegal is at some time used by nearly half of the population. Similarly drugs like ecstasy and amfetamine are widely used by up to a million young people each weekend. This use is underpinned by a demand for the pleasurable experiences that the drugs produce, and also by a paradoxical desire by some people to break the law.

As well as being ineffective for many users prohibition of drugs often leads to perverse magnification of harms and drug use. When the “English” approach to heroin use i.e. prescription to addicts was abolished in the 1970s on moral grounds heroin use increased tenfold in a few years as addicts were forced to become dealers so getting more people addicted to fuel their income. The banning of alcohol in the 1920s in the USA lead to huge criminal expansion of alcohol sales the perpetrators of which turned to other drugs once prohibition was repealed: a legacy that we still experience today.

Moreover the un-scientific and arbitrary distinct between legal drugs particularly alcohol and tobacco and “illegal” drugs also has perverse negative consequences. As well as bringing the scientific foundation of the drug laws into disrepute it also precludes the use of possibly life-changing drugs for those who might benefit from them as treatments: examples of these include cannabis for Multiple sclerosis, MDMA [ecstasy] for PTSD and psilocybin for cluster headaches.

For these reasons Nutt argues that there are serious ethical implications for a simplistic prohibitionist approach to drugs and suggest alternative strategies that might be used.

Read More »Podcast: David Nutt, ‘The current laws on drugs and alcohol – ineffective, dishonest and unethical?’

Podcast: Folk Psychology, the Reactive Attitudes and Responsibility

In this podcast of her recent lecture, Professor Jeanette Kennett explores the connections between the folk psychological project of interpretation, the reactive attitudes and responsibility, (podcast ). The first section argues that the reactive attitudes originate in very fast and to a significant extent, non-voluntary processes involving constant facial feedback. These processes allow for smooth… Read More »Podcast: Folk Psychology, the Reactive Attitudes and Responsibility

Ethics and the Limits of the Randomized Controlled Trial: Time to Enhance Access to Novel Therapies in Lethal Diseases?

Parts of this blog are drawn from ‘Improving access to medicines: empowering patients in the quest to improve treatment for rare lethal diseases’, a forthcoming paper  in the Journal of Medical Ethics

Jenn McNary witnesses the miracles that modern medicine can produce every day when she sees her son Max, once increasingly reliant on a wheelchair due to his Duchenne muscular dystrophy, now able to walk, run and jump, the progression of his deadly disease apparently halted due to his enrolment in a clinical trial of a new drug, Eteplirsen.

Tragically, she also witnesses the suffering of her son Austin, who has the same genetic condition, denied the drug as his disease progresses and left no longer able to leave his wheelchair unaided. Like most with Duchenne muscular dystrophy, he is expected to die in his early twenties.

Eteplirsen works by rewriting some of the genetic code that is linked to the disease. If Max’s improvement is repeated in other patients in the trial who are receiving the drug and not the placebo, it is likely that in a few years this treatment will be revolutionizing the prognosis for Duchenne sufferers and offering hope to many of the 1 in 3600 boys who are affected by the disease.

In the meantime, patients like Austin are denied treatment, on the grounds that the drugs have not been tested- in order to protect him from unknown side effects and complications, and to test its efficacy scientifically. Yet the alternative for Austin is continuing degenerative disease, and in a few years, death.

Les Halpin, founder of Access to Medicine, and himself a motor neuron disease sufferer has argued that for those with life threatening and rare illnesses, current drug approval procedures do not work. He argues in our forthcoming paper that “for such individuals, the “risk-return ratio” is different compared to patients with more benign conditions and drug regulations should be adapted to allow such people the opportunity to try out new combinations of drugs”. He has argued for greater use of new media to track patient progress, and cites the use of the website ‘Patients Like Me’ by MND patients to track their progress on lithium treatment.

Read More »Ethics and the Limits of the Randomized Controlled Trial: Time to Enhance Access to Novel Therapies in Lethal Diseases?

Cultural bias and the evaluation of medical evidence: An update on the AAP

By Brian D. Earp Follow Brian on Twitter by clicking here. Cultural bias and the evaluation of medical evidence: An update on the AAP Since my article on the American Academy of Pediatrics’ recent change in policy regarding infant male circumcision was posted back in August of 2012, some interesting developments have come about. Two major critiques of… Read More »Cultural bias and the evaluation of medical evidence: An update on the AAP

Why it matters whether you believe in free will

by Rebecca Roache

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Scientific discoveries about how our behaviour is causally influenced often prompt the question of whether we have free will (for a general discussion, see here). This month, for example, the psychologist and criminologist Adrian Raine has been promoting his new book, The Anatomy of Violence, in which he argues that there are neuroscientific explanations of the behaviour of violent criminals. He argues that these explanations might be taken into account during sentencing, since they show that such criminals cannot control their violent behaviour to the same extent that (relatively) non-violent people can, and therefore that these criminals have reduced moral responsibility for their crimes. Our criminal justice system, along with our conceptions of praise and blame, and moral responsibility more generally, all presuppose that we have free will. If science can reveal it to be an illusion, some of the most fundamental features of our society are undermined.

The questions of exactly what free will is, and whether and how it can accommodate scientific discoveries about the causes of our behaviour, are primarily theoretical philosophical questions. Questions of theoretical philosophy—for example, those relating to metaphysics, epistemology, and philosophy of mind and language—are rarely viewed as highly relevant to people’s day-to-day lives (unlike questions of practical philosophy, such as those relating to ethics and morality). However, it turns out that the beliefs that people hold about free will are relevant. In the last five years, empirical evidence has linked reduced belief in free will with an increased willingness to cheat,1 increased aggression and reduced helpfulness,2 and reduced job performance.3 Even the way that the brain prepares for action differs depending on whether or not one believes in free will.4 If the results of these studies apply at a societal level, we should be very concerned about promoting the view that we do not have free will. But what can we do about it?Read More »Why it matters whether you believe in free will

Enhancement: Rat Race or Supermarket? (Podcasts)

In this special Enhancement seminar, visiting speakers Rob Sparrow and Chris Gyngell discussed two aspects of enhancement. You can hear the podcast here (mp3). Rob Sparrow on ‘Enhancement and Obsolescence: Avoiding An “Enhanced Rat Race”‘: A claim about continuing technological progress plays an essential, if unacknowledged, role in the philosophical literature on “human enhancement”. Advocates for… Read More »Enhancement: Rat Race or Supermarket? (Podcasts)