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48Freedom, morality, plea bargaining, and the supreme courtPhilosophy and Public Affairs 8 (3): 203-234. 1979.
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48Rethinking 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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46Forgiveness and public deliberation: The practice of restorative justiceCriminal Justice Ethics 21 (1): 3-20. 2002.No abstract
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43Philosophy of Sex: Contemporary ReadingsRowman & 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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38Money, coercion, and undue inducement: attitudes about payments to research participantsIRB: 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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34Why is Coerced Consent Worse Than No Consent and Deceived Consent?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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33Is 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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32Reevaluating 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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32Against 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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30Three. Torts: Assumed risk and informed consentIn Coercion, Princeton University Press. pp. 54-70. 1990.
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26The Social Value Requirement ReconsideredBioethics 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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19Non-completion and informed consentJournal 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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13Consent to Sexual RelationsLaw 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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11ExploitationPrinceton 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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11Fifteen. From coercive proposals to coercionIn Coercion, Princeton University Press. pp. 267-286. 1990.
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10Nine. Coercion and the law: ConclusionIn Coercion, Princeton University Press. pp. 170-176. 1990.
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7Liberty, coercion, and the limits of the stateIn Robert L. Simon (ed.), The Blackwell Guide to Social and Political Philosophy, Blackwell. 2002.The prelims comprise: Liberty and Coercion Liberty‐Limiting Principles The Harm Principle The Offense Principle Legal Paternalism Legal Moralism Justice Need Conclusion Bibliography.
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7Eight. Duress and necessity as defenses in the criminal lawIn Coercion, Princeton University Press. pp. 144-169. 1990.