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Damages and communitarianism

Damages and communitarianism

By Charles Foster

The Lord Chancellor recently announced that the discount rate under the Damages Act 1996 would be decreased from 2.5% to minus 0.75%. This sounds dull. In fact it is financially tectonic, and raises some important ethical questions.

In the law of tort, damages are intended to put a claimant in the position that she would have been in had the tort not occurred. A claimant who, as result of negligence on the part of a defendant, suffers personal injury, will be entitled to, inter alia, damages representing future loss of earnings, the future cost of care and, often, private medical and other treatment.

Where damages are awarded as a lump sum, there is a risk of over-compensating a claimant. Suppose that the claimant is 10 years old at the time of the award, and will live for 70 years, and the future care costs are £1000 a year for life. Should the sum awarded be £1000 x 70 years = £70,000? (70, here, is what lawyers call the ‘multiplier’). It depends on the assumption one makes about what the claimant will do with the lump sum. If she invests it in equities that give her (say) an annual 5% return, £70,000 would over-compensate her.

In the case of Wells v Wells1, the House of Lords decided that, to avoid the risk of under-compensation, claimants should be treated as risk-averse investors. It should be assumed, said the House, that the discount rate should be fixed by reference to the return on index-linked gilts – Government securities. The rate was 2.5% from 2001 until February of this year. The reasons for the change to minus 0.75% are here. Read More »Damages and communitarianism

Synthetic life and biodiversity

Written by Dr Chris Gyngell

Last year, the first truly novel synthetic life form was created. The Minimal Cell created by the Venter Lab, contains the smallest genome of any known independent organism.[1] While the first synthetic microbe was created in 2010, that was simply a like for like synthetic copy of the genome of an existing bacterium.  Nothing like the Minimal Cell exists in nature.

This great advance in synthetic biology comes at a time where natural life forms are being manipulated in ways never seen before.  The CRISPR gene editing system has been used to create hulk-like dogs, malaria proof mosquitoes, drought resistant wheat and hornless cows. The list of CRISPR-altered animals grows by the month.Read More »Synthetic life and biodiversity

How do medical professionals decide on treatment options for children?

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Following widespread media coverage about the court case where baby Charlie Gard’s parents were told that his life support would be removed against their wishes, Dominic Wilkinson appeared on BBC’s Newsnight to discuss the factors that doctors take into account when making such difficult decisions. Short Video Full Programme

Cross Post: Why we should tax meat that contains antibiotics

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Image 20170404 5732 1qmjs29

Alberto Giubilini, University of Oxford

The use of antibiotics in meat production is a major contributor to one of the biggest threats facing human health in the 21st century: antibiotic resistance. Finding a solution to this requires us to start taking responsibility for our actions. While one person eating meat has an imperceptible effect on antibiotic resistance, multiply that by millions of people around the world and you have a global crisis.Read More »Cross Post: Why we should tax meat that contains antibiotics

Cross Post: IAI debate, ‘Doing Right and Feeling Good’

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Zero Degrees of Empathy author Simon Baron-Cohen, philosopher Peter Dews and Oxford Transhumanist Anders Sandberg dispute how to be good. We think empathising with others is the route to a better world. But studies show that empathy encourages us to help one named child over ten anonymous others. Is morality perhaps not about empathy at… Read More »Cross Post: IAI debate, ‘Doing Right and Feeling Good’

New Year resolutions and tripartite human nature

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Written by Charles Foster

‘I do not understand my own actions’, grumbled St. Paul. ‘For I do not do what I want, but I do the very thing I hate….I can will what is right, but I cannot do it. For I do not do the good I want, but the evil I do not want is what I do….’1

That’s a fair summary of the evidence about the fate of New Year’s resolutions. The University of Hertfordshire psychologist, Richard Wiseman, found that only 10% of New Year’s resolutions succeed. Most of them are abandoned by 23 January.

http://www.independent.co.uk/life-style/health-and-families/features/why-we-make-and-break-our-new-years-resolutions-and-how-to-stick-to-them-9951829.htmlRead More »New Year resolutions and tripartite human nature

The Ethics of Regulation

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The New York Times just ran a fairly lengthy article that reported the use of psilocybin, a hallucinogenic drug, in a controlled experiment aimed at reducing anxiety and depression in cancer patients. (http://www.nytimes.com/2016/12/01/health/hallucinogenic-mushrooms-psilocybin-cancer-anxiety-depression.html?hp&action=click&pgtype=Homepage&clickSource=story-heading&module=first-column-region&region=top-news&WT.nav=top-news)

A few days earlier the New York Times ran a story on trials using MDMA (i.e., ecstasy) to treat post traumatic stress disorder. (http://www.nytimes.com/2016/11/29/us/ptsd-mdma-ecstasy.html)

Why are these stories news?Read More »The Ethics of Regulation

Cross Post: Why you might want to think twice about surrendering online privacy for the sake of convenience

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Written by Carissa Veliz

DPhil Candidate in Philosophy, Uehiro Centre for Practical Ethics, University of Oxford

This article was originally published in The Conversation

Just a click away once you tick this too-long-to-read privacy agreement. Shutterstock

It is inconvenient to guard one’s privacy, and the better one protects it, the more inconvenience one must endure. Enjoying privacy, at a minimum, demands installing software to block tracking online, using long and different passwords for online services, remembering to turn off the WiFi and Bluetooth signals on your mobile phone when leaving the house, using cash, and so on.Read More »Cross Post: Why you might want to think twice about surrendering online privacy for the sake of convenience

Cross Post: Liberal or conservative? Most of our beliefs shift around

Written by Prof Neil Levy,

Senior Research Fellow, Uehiro Centre for Practical Ethics, University of Oxford

This article was originally published on The Conversation

What? Okay, that sounds good. Justin Lane/EPA

One common reaction to the election of Donald Trump (and perhaps to a lesser extent, the Brexit vote) among liberals like me is an expression of dismay that some of our fellow citizens are more racist and more sexist than we had dreamed. It seems many were prepared, if not to support openly racist comments and sexist actions, then at least to overlook them. It looks as though battles we thought we had won, having to do with a recognition of a basic kind of equality, need to be fought all over again. Many have concluded that they were never won at all; people were just waiting for a favourable climate to express the racism and sexism they held hidden.Read More »Cross Post: Liberal or conservative? Most of our beliefs shift around