Alan Wertheimer
(1942 - 2015)

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    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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    Deterrence and retribution
    Ethics 86 (3): 181-199. 1976.
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    Philosophy of Sex: Contemporary Readings
    with David Benatar, Cheshire Calhoun, Louise Collins, John Corvino, Yolanda Estes, John Finnis, Deirdre Golash, Alan Goldman, Greta Christina, Raja Halwani, Christopher Hamilton, Eva Feder Kittay, Howard Klepper, Andrew Koppelman, Stanley Kurtz, Thomas Mappes, Joan Mason-Grant, Janice Moulton, Thomas Nagel, Jerome Neu, Martha Nussbaum, Alan Soble, Sallie Tisdale, Robin West, and Karol Wojtyla
    Rowman & Littlefield Publishers. 2007.
    This book's thirty essays explore philosophically the nature and morality of sexual perversion, cybersex, masturbation, homosexuality, contraception, same-sex marriage, promiscuity, pedophilia, date rape, sexual objectification, teacher-student relationships, pornography, and prostitution. Authors include Martha Nussbaum, Thomas Nagel, Alan Goldman, John Finnis, Sallie Tisdale, Robin West, Alan Wertheimer, John Corvino, Cheshire Calhoun, Jerome Neu, and Alan Soble, among others. A valuable resou…Read more
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    Money, coercion, and undue inducement: attitudes about payments to research participants
    with E. A. Largent, C. Grady, and F. G. Miller
    IRB: Ethics & Human Research 34 (1): 1-8. 2012.
    Using payment to recruit research subjects is a common practice, but it raises ethical concerns that coercion or undue inducement could potentially compromise participants’ informed consent. This is the first national study to explore the attitudes of IRB members and other human subjects protection professionals concerning whether payment of research participants constitutes coercion or undue influence, and if so, why. The majority of respondents expressed concern that payment of any amount migh…Read more
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    Why is Coerced Consent Worse Than No Consent and Deceived Consent?
    with David Wendler
    Journal of Medicine and Philosophy 42 (2): 114-131. 2017.
    The Standard View in research ethics maintains that, under certain conditions, investigators may deceive subjects and may enroll subjects without their consent. In contrast, it is always impermissible to coerce subjects to enroll, even when the same conditions are satisfied. This view raises a question that, as far as we are aware, has received no attention in the literature. Why is it always impermissible to undermine the validity of subjects’ consent through coercion, but it can be permissible…Read more
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    Is 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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    Reevaluating the Right to Withdraw From Research Without Penalty
    American 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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    Against autonomy?
    Journal of Medical Ethics 40 (5): 351-352. 2014.
    As Sarah Conly notes in the précis of her important new book, there is considerable evidence that human beings are prone to make decisions that do not advance their own ends.1 Whereas some have argued for forms of libertarian paternalism such as ‘nudges,’2 ,3 Conly defends a more expansive use of straightforwardly coercive paternalism beyond such uncontroversial policies such as seat belt laws and requiring prescriptions for drugs. We should seriously consider banning trans fats and large portio…Read more
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    Terrance McConnell, inalienable rights
    Law and Philosophy 20 (5): 541-551. 2001.
    No Abstract
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    The Social Value Requirement Reconsidered
    Bioethics 29 (5): 301-308. 2014.
    It is widely assumed that it is ethical to conduct research with human subjects only if the research has social value. There are two standard arguments for this view. The allocation argument claims that public funds should not be devoted to research that lacks social value. The exploitation avoidance argument claims that subjects are exploited if research has no social value. The primary purpose of this article is to argue that these arguments do not succeed. The allocation argument has little r…Read more
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    Non-completion and informed consent
    Journal of Medical Ethics 40 (2): 127-130. 2014.
    There is a good deal of biomedical research that does not produce scientifically useful data because it fails to recruit a sufficient number of subjects. This fact is typically not disclosed to prospective subjects. In general, the guidance about consent concerns the information required to make intelligent self-interested decisions and ignores some of the information required for intelligent altruistic decisions. Bioethics has worried about the ‘therapeutic misconception’, but has ignored the ‘…Read more
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    In Defense of Bunkering
    American Journal of Bioethics 14 (9): 42-43. 2014.
    No abstract
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    Intoxicated Consent To Sexual Relations
    Law and Philosophy 20 (4): 373-401. 2001.
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    Sixteen. Coercion and voluntariness
    In Coercion, Princeton University Press. pp. 287-306. 1990.
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    Consent to Sexual Relations
    Law and Philosophy 25 (2): 267-287. 2003.
    When does a woman give valid consent to sexual relations? When does her consent render it morally or legally permissible for a man to have sexual relations with her? Why is sexual consent generally regarded as an issue about female consent? And what is the moral significance of consent? These are some of the questions discussed in this important book, which will appeal to a wide readership in philosophy, law, and the social sciences. Alan Wertheimer develops a theory of consent to sexual relatio…Read more
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    Exploitation
    Princeton University Press. 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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    Fifteen. From coercive proposals to coercion
    In Coercion, Princeton University Press. pp. 267-286. 1990.
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    Nine. Coercion and the law: Conclusion
    In Coercion, Princeton University Press. pp. 170-176. 1990.
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    Seventeen. Conclusion
    In Coercion, Princeton University Press. pp. 307-310. 1990.
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    Twelve. Coercive proposals: I
    In Coercion, Princeton University Press. pp. 202-221. 1990.
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    The prelims comprise: Liberty and Coercion Liberty‐Limiting Principles The Harm Principle The Offense Principle Legal Paternalism Legal Moralism Justice Need Conclusion Bibliography.