Comments on: An Unhappy Medium http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/ Floccinaucinihilipilificating antidisestablishmentarianism since 2001. Thu, 20 Nov 2008 16:29:47 +0000 http://wordpress.org/?v=2.5.1 By: Andrew http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/#comment-3326 Andrew Mon, 09 Jun 2008 17:26:26 +0000 http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/#comment-3326 Almost certainly, I would think. I can't see any way that homeopaths would get out of that one -- they seem to be exactly the kind of people these rules are [i]designed[/i] to catch. But that leaves one really interesting problem: the NHS funds homeopathy. We'd have a system where private homeopaths would be prosecuted for conning people out of money, but NHS ones would get government funding -- and be immune from prosecution because they wouldn't be charging for it. Unless we can set a legal precedent that MPs are "a clearly identifiable group... who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity", that is. Which should be pretty easy. I'm vaguely concerned that judges might be forced to make judgements about which modalities are nonsense and which are effective. That's going to be a minefield. Almost certainly, I would think. I can’t see any way that homeopaths would get out of that one — they seem to be exactly the kind of people these rules are [i]designed[/i] to catch. But that leaves one really interesting problem: the NHS funds homeopathy. We’d have a system where private homeopaths would be prosecuted for conning people out of money, but NHS ones would get government funding — and be immune from prosecution because they wouldn’t be charging for it.

Unless we can set a legal precedent that MPs are “a clearly identifiable group… who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity”, that is. Which should be pretty easy.

I’m vaguely concerned that judges might be forced to make judgements about which modalities are nonsense and which are effective. That’s going to be a minefield.

]]> By: Surreptitious Evil http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/#comment-3325 Surreptitious Evil Mon, 09 Jun 2008 17:12:20 +0000 http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/#comment-3325 But the real problem with psychic or faith healers is the one case in a ? hundred / thousand / million ? where the patient gets better. Good genes, sheer bloody luck, a delayed improvement from the thousands of pounds of conventional medical treatment - whatever. Because that, in best Briffa mode, is a certifiable anecdote. And you can never disprove an anecdote. Actually, we may have a point here. Don't you think: <blockquote>Commercial practices which are likely to materially distort the economic behaviour only of a clearly identifiable group of consumers who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee</blockquote> might catch rather a wide range of pseudo-medical practitioners? Credulity and homoeopathy seem partners for life (not just for blogging)? But the real problem with psychic or faith healers is the one case in a ? hundred / thousand / million ? where the patient gets better. Good genes, sheer bloody luck, a delayed improvement from the thousands of pounds of conventional medical treatment - whatever. Because that, in best Briffa mode, is a certifiable anecdote. And you can never disprove an anecdote.

Actually, we may have a point here. Don’t you think:

Commercial practices which are likely to materially distort the economic behaviour only of a clearly identifiable group of consumers who are particularly vulnerable to the practice or the underlying product because of their mental or physical infirmity, age or credulity in a way which the trader could reasonably be expected to foresee

might catch rather a wide range of pseudo-medical practitioners? Credulity and homoeopathy seem partners for life (not just for blogging)?

]]> By: HJ http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/#comment-3227 HJ Mon, 26 May 2008 09:50:20 +0000 http://www.apathysketchpad.com/blog/2008/04/20/an-unhappy-medium/#comment-3227 "this is simply saying that if you want to take people’s money on the basis of those beliefs you should have some evidence to back them up with" Exactly, well said, though I know I'm waaay past the date you posted this. “this is simply saying that if you want to take people’s money on the basis of those beliefs you should have some evidence to back them up with”

Exactly, well said, though I know I’m waaay past the date you posted this.

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