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46Reevaluating the Right to Withdraw From Research Without PenaltyAmerican Journal of Bioethics 11 (4): 14-16. 2011.In “Assessing the Remedy: The Case for Contracts in Clinical Trials,” Sarah Edwards (2011) proposes that research participants acquire contractual obligations to investigators, thus opening the doo...
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1Internal disagreements: Deliberation and abortionIn Stephen Macedo (ed.), Deliberative politics: essays on democracy and disagreement, Oxford University Press. pp. 175. 1999.
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73When and Why Is Research without Consent Permissible?Hastings Center Report 46 (2): 35-43. 2016.The view that research with competent adults requires valid consent to be ethical perhaps finds its clearest expression in the Nuremberg Code, whose famous first principle asserts that “the voluntary consent of the human subject is absolutely essential.” In a similar vein, the United Nations International Covenant on Civil and Political Rights states that “no one shall be subjected without his free consent to medical or scientific experimentation.” Yet although some formulations of the consent p…Read more
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12Fifteen. From coercive proposals to coercionIn Coercion, Princeton University Press. pp. 267-286. 1990.
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85There are (STILL) no coercive offersJournal of Medical Ethics 40 (9): 592-593. 2014.John McMillan's article raises numerous important points about the ethics of surgical castration of sex offenders.1 In this commentary, we focus solely on and argue against the claim that the offer of release from detention conditional upon surgical castration is a coercive offer that compromises the validity of the offender's consent. We take no view on the question as to whether castration for sex offenders is ethically permissible. But, we reject the claim that it is ethically permissible onl…Read more
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54Rethinking the ethics of clinical research: widening the lensOxford University Press. 2011.Introduction -- Facing up to paternalism in research ethics -- Preface to a theory of consent transactions in research : beyond valid consent -- Should we worry about money? -- Exploitation in clinical research -- The interaction principle.
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11Nine. Coercion and the law: ConclusionIn Coercion, Princeton University Press. pp. 170-176. 1990.
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118Facing up to paternalism in research ethicsHastings Center Report 37 (3): 24-34. 2007.: Bioethicists have failed to understand the pervasively paternalistic character of research ethics. Not only is the overall structure of research review and regulation paternalistic in some sense; even the way informed consent is sought may imply paternalism. Paternalism has limits, however. Getting clear on the paternalism of research ethics may mean some kinds of prohibited research should be reassessed
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97Exploitation in clinical researchIn Ezekiel J. Emanuel (ed.), The Oxford textbook of clinical research ethics, Oxford University Press. pp. 201--10. 2008.
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317Consent and Sexual RelationsLegal Theory 2 (2): 89-112. 1996.This article has two broad purposes. First, as a political philosopher who has been interested in the concepts of coercion and exploitation, I want to consider just what the analysis of the concept of consent can bring to the question, what sexually motivated behavior should be prohibited through the criminal law? Put simply, I shall argue that conceptual analysis will be of little help. Second, and with somewhat fewer professional credentials, I shall offer some thoughts about the substantive q…Read more
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71Should 'nudge' be salvaged?Journal of Medical Ethics 39 (8): 498-499. 2013.Policy makers are understandably interested—for both political and moral reasons—in following Thaler and Sunstein's recommendation to use ‘choice architecture’ , or other ‘nudges’, to promote desirable behaviour in ways that are allegedly compatible with personal freedom.1 Yashar Saghai's intricate analysis shows that simply maintaining the target's choice-set is insufficient to preserve the target's freedom when the nudge bypasses the target's deliberative capacities—as it is specifically desig…Read more
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81Payment for research participation: a coercive offer?Journal of Medical Ethics 34 (5): 389-392. 2008.Payment for research participation has raised ethical concerns, especially with respect to its potential for coercion. We argue that characterising payment for research participation as coercive is misguided, because offers of benefit cannot constitute coercion. In this article we analyse the concept of coercion, refute mistaken conceptions of coercion and explain why the offer of payment for research participation is never coercive but in some cases may produce undue inducement
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72Why Adopt a Maximin Theory of Exploitation?American Journal of Bioethics 10 (6): 38-39. 2010.Angela Ballantyne (2010) argues that international research is exploitative when the transactions between researchers and participants who lack basic goods do not provide participants with the maxi...
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6135The Right to Withdraw from ResearchKennedy Institute of Ethics Journal 20 (4): 329-352. 2010.The right to withdraw from participation in research is recognized in virtually all national and international guidelines for research on human subjects. It is therefore surprising that there has been little justification for that right in the literature. We argue that the right to withdraw should protect research participants from information imbalance, inability to hedge, inherent uncertainty, and untoward bodily invasion, and it serves to bolster public trust in the research enterprise. Altho…Read more
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43Is payment a benefit?Bioethics 27 (2): 105-116. 2011.What I call ‘the standard view’ claims that IRBs should not regard financial payment as a benefit to subjects for the purpose of risk/benefit assessment. Although the standard view is universally accepted, there is little defense of that view in the canonical documents of research ethics or the scholarly literature. This paper claims that insofar as IRBs should be concerned with the interests and autonomy of research subjects, they should reject the standard view and adopt ‘the incorporation vie…Read more
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370Two questions about surrogacy and exploitationPhilosophy and Public Affairs 21 (3): 211-239. 1992.
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182Misconceptions about coercion and undue influence: Reflections on the views of irb membersBioethics 27 (9): 500-507. 2012.Payment to recruit research subjects is a common practice but raises ethical concerns relating to the potential for coercion or undue influence. We conducted the first national study of IRB members and human subjects protection professionals to explore attitudes as to whether and why payment of research participants constitutes coercion or undue influence. Upon critical evaluation of the cogency of ethical concerns regarding payment, as reflected in our survey results, we found expansive or inco…Read more
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227ExploitationMind. 1996.What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine…Read more
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ConsentIn Alan Soble (ed.), Sex from Plato to Paglia: a philosophical encyclopedia, Greenwood Press. pp. 1--184. 2006.