•  1050
    The Right to Withdraw from Research
    Kennedy 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
  •  303
    Two questions about surrogacy and exploitation
    Philosophy and Public Affairs 21 (3): 211-239. 1992.
  •  207
    Consent and Sexual Relations
    Legal 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
  •  142
    Misconceptions about coercion and undue influence: Reflections on the views of irb members
    with Emily Largent, Christine Grady, and Franklin G. Miller
    Bioethics 27 (9): 500-507. 2013.
    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
  •  124
    Mind. 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
  •  116
    The Exploitation of Student Athletes
    with W. J. Morgan
    In William J. Morgan (ed.), Ethics in Sport, Human Kinetics. pp. 2--365. 2007.
  •  103
    The fair transaction model of informed consent: An alternative to autonomous authorization
    Kennedy Institute of Ethics Journal 21 (3): 201-218. 2011.
    Prevailing ethical thinking about informed consent to clinical research is characterized by theoretical confidence and practical disquiet. On the one hand, bioethicists are confident that informed consent is a fundamental norm. And, for the most part, they are confident that what makes consent to research valid is that it constitutes an autonomous authorization by the research participant. On the other hand, bioethicists are uneasy about the quality of consent in practice. One major source of th…Read more
  •  90
    Princeton University Press. 1996.
    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 ...
  •  81
    Facing up to paternalism in research ethics
    Hastings 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
  •  78
    Victimless crimes
    Ethics 87 (4): 302-318. 1977.
  •  73
    The Obligation to Participate in Biomedical Research
    Journal of the American Medical Association 302 (1): 67-72. 2009.
    The current prevailing view is that participation in biomedical research is above and beyond the call of duty. While some commentators have offered reasons against this, we propose a novel public goods argument for an obligation to participate in biomedical research. Biomedical knowledge is a public good, available to any individual even if that individual does not contribute to it. Participation in research is a critical way to support an important public good. Consequently, all have a duty to …Read more
  •  71
    The Ethics of Consent: Theory and Practice (edited book)
    Oxford University Press. 2010.
    This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice.
  •  63
    Exploitation in clinical research
    In Ezekiel J. Emanuel (ed.), The Oxford Textbook of Clinical Research Ethics, Oxford University Press. pp. 201--10. 2008.
  •  58
    Unconscionability and Contracts
    Business Ethics Quarterly 2 (4): 479-496. 1992.
    This article considers the principles that underlie the claim that some contracts are unconscionable and that such contracts should not be enforceable. It argues that it is much more difficult to explain unconscionability than is often supposed, particularly in cases where the contract is mutually advantageous or Pareto superior. Among other things, the article considers whether unconscionability is a defect in process or result, whether the gains in an unconscionable contract are disproportiona…Read more
  •  57
    Punishing the innocent — unintentionally
    Inquiry: An Interdisciplinary Journal of Philosophy 20 (1-4). 1977.
    The intentional punishment of the innocent is ordinarily claimed to be a special problem for utilitarian theories of punishment. The unintentional punishment of the innocent is a problem for any theory of punishment which holds that the guilty should be punished. This paper examines the criteria that are relevant to a determination of the appropriate probability of punishment mistakes for a society, and argues that this is the kind of moral problem for which utilitarian judgments, as opposed to …Read more
  •  54
    Why Adopt a Maximin Theory of Exploitation?
    American Journal of Bioethics 10 (6): 38-39. 2010.
  •  53
  •  50
    Princeton University Press. 1990.
    These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions.
  •  46
    No Exceptionalism Needed to Treat Terrorists
    with Chiara Lepora and Marion Danis
    American Journal of Bioethics 9 (10): 53-54. 2009.
    Gesundheit and colleagues offer dramatic examples of the medical treatment of terrorists but then pose the suggestion that those who engage in terrorism forfeit their right to medical care, and, consequently, that physicians have no obligation to treat them. Their argument presupposes that a physician’s obligation to provide medical care depends on the patients’ right to health care. Therefore, someone who commits heinous and abhorrent acts thereby waives the right to health care and the phy…Read more
  •  46
    There are no coercive offers
    with F. G. Miller
    Journal 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
  •  40
  •  38
    Deterrence and retribution
    Ethics 86 (3): 181-199. 1976.
  •  38
    Should '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
  •  38
    Payment for research participation: a coercive offer?
    with F. G. Miller
    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
  •  36
    Voluntary Consent: Why a Value-Neutral Concept Won't Work
    Journal of Medicine and Philosophy 37 (3): 226-254. 2012.
    Some maintain that voluntariness is a value-neutral concept. On that view, someone acts involuntarily if subject to a controlling influence or has no acceptable alternatives. I argue that a value-neutral conception of voluntariness cannot explain when and why consent is invalid and that we need a moralized account of voluntariness. On that view, most concerns about the voluntariness of consent to participate in research are not well founded
  •  35
    Forgiveness and public deliberation: The practice of restorative justice
    with Albert W. Dzur
    Criminal Justice Ethics 21 (1): 3-20. 2002.
    No abstract
  •  34
    Philosophical Review 107 (2): 296. 1998.
    Despite its title, Alan Wertheimer’s new book is not another tiresome exploration of Marxist economic theories. Indeed, there is virtually no extended discussion of Marxism at all, since Wertheimer believes that what is unique to that perspective is highly problematic, given that when Marxists simply assert that capitalists do exploit wage laborers they are appealing to “the ordinary notion that one party exploits another when it gets unfair and undeserved benefits from its transactions or relat…Read more