FireNexus wrote:
Interest at those levels is correlated with loans that cause demonstrable harm. Typically, they are enforced by means that are nearly or actually criminal in their scope. Even when not, they are near-universally not mutually beneficial. When they are paid back, the lender is the only one who benefits. The borrower almost always would be better off not having the money in the first place. In your circumstance, the borrower is essentially a gambler trying to cover his losses (which he failed to do anyway, so he realized no benefit from your loan demonstrably) so that he can either continue to gamble or hide the extent of his problem.
Harm in this case is viewed by the loan not netting them any financial benefit vs the cost of the loan. This introduces the concept of risk. A low interest rate loan into an investment which failed would also cause harm. Lets say both loans net the borrower the same loss in dollars, is one more harmful than the other? No. I would then argue the harm is due to the risk not paying off, and that to deny someone the option of taking out a loan with risk and all, runs counters the ethical right of autonomy.
Point 2, I find it amusing a lot of people disagree with Starglider on a lot of things, but here they now agree that forex is gambling. Lets put it this way. Would the bank lend you money (assuming a decent income) for an investment loan if you told them you were going to play the roulette table? Now would they lend it to you if you tell them you're going to invest in forex? The answer is clearly they would for the second. You might think its gambling, but every financial institution sees it as an investment (and I stated in the OP a risky one, hence justifying the high return), but you would hold a minority view if you think its the same as gambling.
Those who are willing to borrow under such terms are either uneducated, thus unable to provided informed consent to such a contract; desperate, thus unable to make a rational decision regarding the contract (your circumstance); or borrowing in bad faith, so actually unwilling to borrow at the specified terms (possibly your circumstance).
You forget, those willing to take high risk. But lets go on and think about the logical consequences of your statement in regards to "make a rational decision." In medicine someone can refuse treatment as long as their judgment is not impaired by say a psychiatric illness or some organic condition (eg delirium due to an infection). Requiring the decision to be rational in the standard definition of the word, ie logical is not required, or else we would essentially be violating someone's right to autonomy.
Essentially you're saying someone cannot make their own decision if you don't consider it rational. You might not think that when you wrote your spiel, but that is the logical consequences of your statement. If you say this is ok, then every decision which isn't purely rational is no longer allowed to be taken. A collector can not spend gazillions on a collector's item, because rationally the material cost used to make and the labour is not worth that much to give an example.
Participating in those loans is unethical because when it's made in good faith, it either A. Preys upon the defenseless, or B. Preys upon the desperate/addicted/cornered. Just because the person agreed to it (and in fact proposed it) does not make your behavior less predatory. When the mouse with toxoplasmosis runs toward the cat to be eaten, it is still prey. Either this guy never had the intention to pay you back as agreed (in which case you both acted like assholes), thought wrongly that he was going to make enough money to do it (in which case he's stupid, Doctor or not), or was so scared of his investment failing that he wasn't able to use good judgement and you became an enabler of his self-destructive decision.
A person making 6 figures of income is "defenseless," in regards to paying off money?
A person takes a loss when investment doesn't go right, but that doesn't mean over time they cannot pay the loan back. I told him right off the bat, if your investment goes south I know you can afford to pay back based on your income, even if not within the agreed upon period.
Point 2. You do realise financial institutions make margin calls all the time right? Should margin loans be banned then because if the value of investment drops, the borrower will become "desperate and cornered" when the bank asks them to make a margin call. The reality is, when the bank makes a margin call, people have to find some other form of collateral.
Legal or no, if you had even basic concern for his well-being you wouldn't have participated in such anloan with him.
You guys would make great doctors .... in the 1960s with your view on paternalism.
Or in the modern day, you guys would make great EU diplomats to Africa.
FireNexus wrote:Let me ask: Would you lend to your brother at 2500% interest? Your best friend? A close friend? An old drinking buddy? At what point in the social relationship hierarchy would you be unwilling to take so much from a borrower?
That also applies to your position does it not? At what point is the interest rate too high? 10%. 20%. Is it dependent on inflation?
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I'd contend that such interest is not unethical for a small loan of little consequence (give me $50 to get this thing and I'lol give you $100 next week) but gets into that territory some point between $100 for a random person and multiple months rent for someone with a family and such an extensive gambling problem that it has rearranged their life in spite of their desperate stop-gap.
Here we get to the crux of the matter. If the interest of 100% on a $50 loan is not unethical, surely that is because you realise most people can pay that off. Going on if Bill Gates lost his wallet and needed $1000 to eat a Gordon Ramsay restaurant, and offered to pay the person lending him the money $5000 back next month, is that a problem? No because Gates can afford it. Now lets get to my case, why do you think someone who has paid $125 K in 4.5 months cannot afford to pay $2000 off sometime in the future?
Simon_Jester wrote:
1) An ethical loan, or any other contract, must be entered freely, as an informed decision by rational parties who intend to fulfill the contract.
2) Rational, informed people will not freely, intentionally enter into a one-sided contract that will predictably harm them.
I am going to stop you right here buddy. No one is fully Vulcan like rational, and expecting them to behave like that is an exercise in futility. If its unethical to enter into an agreement where one side isn't rational, then taking that to the logical alternative, why can't we force people to undergo life saving medical procedures? Should we force an adult Jehova's witness to undergo a blood transfusion if it will save their life? How about someone to take antibiotics who believe "Western medicine suxxs." I mean I had a patient who discharged himself with liver failure after we had saved his life, telling us he had a job interview, but he really went home and drank himself to death. Should we have held him against his will? After all, they aren't rational since they are making a decision which will harm them.
Should we also stop people voting for shitty politicians who act against their interests? The fact is, being rational in the sense of logical has never been a criteria from doing what they want to do.
What has been barriers to entering agreements are
a. Coercion (not in this case)
b. Deception (not in this case, I lent exactly the amount I said I would, and it does appear he is trying to pay off what he owes)
c. Impaired cognition via a medical condition (not in this case)
d. If what he did harm someone else
The fact is, if we step in to prevent people doing something which is irrational, and which we judge to be harmful (ie refusing medical treatment), then we will be violating the ethical principle of autonomy on a vast scale. Society judges this as not worth the cost and I would argue runs against the purpose of morality - to maximise human happiness.
3) Therefore, if such a harmful contract is entered, either...
3a) One of the signers was uninformed.
3b) One of the signers was not capable of making a rational decision.
3c) One of the signers was being coerced.
3d) One of the signers had no intention of fulfilling the contract.
Or reality isn't nice, and we can't predict or control events 100% to our liking. I think it was Steinbeck who coined the phrase "the best laid plans of mice and men often go astray." This is where risk comes in. Any fucking investment book will say that you should invest based on your risk profile. Some people are willing to take more risk than others. The contract went against him because his investment did not work out, and not because he can't pay back a loan.
Simon_Jester wrote:We've got someone who knows more about high finance than almost any active poster on this forum pointing out that what the borrower was doing here is little different from gambling. That's the problematic thing here- the reason the guy borrowed the money on his own initiative is because he's been essentially gambling with large sums, and couldn't pay. Remember that he didn't just borrow the money from the original poster, he borrowed or tried to borrow many tens of thousands from numerous friends and acquaintances.
Sigh. Lets try this again. Ask a bank to borrow money for investment purposes. Tell them you are doing to play at the casino and see how far you get. Now tell them you're investing in forex. Guess which one they will lend to. Just because Starglider sees it that way, doesn't mean that most financial institutions will see it the same way. The fact that they will and did in this case to someone investing in forex should tell you something right there.
Simon_Jester wrote:
That is the mark of a man in serious financial trouble due to short-term recklessness. Loaning money to him is like loaning money to any other gambling addict. Maybe he'll be able to pay and maybe he won't, but either way you're taking on serious risk.
No shit it was a risk. That's why the rewards must be commiserate with the risk. This is like basic investing.
Simon_Jester wrote:
And you're potentially enabling him to get into even worse financial trouble, with bigger consequences and shadier lenders, by encouraging him to think that if he recklessly gambles away his money he can always borrow a huge pile of cash and then pay it off "whenever."
So we should ban margin loans then? This is a reasonable implication of your statement. After all, margin calls are made all the time on investment, and the person has to find collateral or sell the investment at a loss. Rather than just force them to sell, the bank allows them the option of wait for it.. "enabling them to get into even worse financial trouble with bigger consequences," especially if the investment continues to fall.
You guys do know what a margin loan is right?
THAT is why this is an ethical problem. It's like loaning a drunk money at high interest because they drank away their rent money and now they need to pay rent.
Except its not for rent. Its to make a margin call, something which happens in investment all the time. Its the risk with taking margin loans. If you are going to argue he "didn't know what he was getting into" then every financial institution is committing an ethics violation every time they lend to people.
Just for the record, I have also used margin loans in the past.
Ralin wrote:
Frankly, I think he wants us all to be impressed by how smart and reasonable he is. Haven't you ever heard of humble-bragging?
Did I tell you the time I saved planet Earth from invading aliens from the fifth dimension. It was dark foreboding night...
Although I do note you agree that its ok to enter into such an agreement. Whether its smart, time will tell. If it pays of, if it doesn't I just broke even.
Darth Holbytlan wrote:
Now, I'm not a lawyer—I'm certainly not your lawyer—and this isn't the actual law, just an official advise page, but a straightforward reading of this would suggest that: 1. you should have been licensed, but weren't; 2. you should have properly evaluated his circumstances, including his ability to pay without suffering hardship, but did not; and 3. you should have charged a maximum of $400 + $2000*48%*2 mo/12 mo = $720 (simple interest).
Er, you do realise he has managed to pay off $125 K in 4.5 months while looking after 2 dependents? I don't know how you manage your finances, but I going to say that someone who is earning 6 figures easily can afford to make that payment sometime in the future so I am going to say its not that much hardship at the present time.
Never apologise for being a geek, because they won't apologise to you for being an arsehole. John Barrowman - 22 June 2014 Perth Supernova.
Countries I have been to - 14.
Australia, Canada, China, Colombia, Denmark, Ecuador, Finland, Germany, Malaysia, Netherlands, Norway, Singapore, Sweden, USA.
Always on the lookout for more nice places to visit.