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Alan Wertheimer [68]A. Wertheimer [15]
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  1. Principles for Allocation of Scarce Medical Interventions.Govind Persad, Alan Wertheimer & Ezekiel J. Emanuel - 2009 - The Lancet 373 (9661):423--431.
    Allocation of very scarce medical interventions such as organs and vaccines is a persistent ethical challenge. We evaluate eight simple allocation principles that can be classified into four categories: treating people equally, favouring the worst-off, maximising total benefits, and promoting and rewarding social usefulness. No single principle is sufficient to incorporate all morally relevant considerations and therefore individual principles must be combined into multiprinciple allocation systems. We evaluate three systems: the United Network for Organ Sharing points systems, quality-adjusted life-years, and (...)
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  2.  41
    Exploitation.Alan Wertheimer - 1996 - Princeton University Press.
    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 ...
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  3.  66
    Facing Up to Paternalism in Research Ethics.Franklin G. Miller & Alan Wertheimer - 2007 - Hastings Center Report 37 (3):24-34.
    : 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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  4.  17
    Coercion.Alan Wertheimer - 1990 - Princeton University Press.
    These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions.
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  5.  12
    Payment for Research Participation: A Coercive Offer?A. Wertheimer & F. G. Miller - 2008 - Journal of Medical Ethics 34 (5):389-392.
    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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  6.  18
    Rethinking the Ethics of Clinical Research: Widening the Lens.Alan Wertheimer - 2010 - Oxford University Press.
    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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  7.  47
    The Ethics of Consent: Theory and Practice.Franklin G. Miller & Alan Wertheimer (eds.) - 2010 - Oxford University Press.
    This book assembles the contributions of a distinguished group of scholars concerning the ethics of consent in theory and practice.
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  8. Consent to Sexual Relations.Alan Wertheimer - 2006 - Law and Philosophy 25 (2):267-287.
    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 (...)
     
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  9. The Right to Withdraw From Research.G. Owen Schaefer & Alan Wertheimer - 2011 - Kennedy Institute of Ethics Journal 20 (4):329-352.
    It is universally accepted that participants in biomedical research have the right to withdraw from participation at any time, except, perhaps, when withdrawal would constitute a threat to their health or the health of others. The right to withdraw is encoded in nearly every document on the requirements for ethical conduct of research on humans, including the U.S. Code of Federal Regulations governing all federally-funded research, the Common Rule (45 CFR 46); the Declaration of Helsinki (WMA 2008); the 2002 research (...)
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  10.  58
    Exploitation in Clinical Research.Alan Wertheimer - 2008 - In Ezekiel J. Emanuel (ed.), The Oxford Textbook of Clinical Research Ethics. Oxford University Press. pp. 201--10.
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  11.  34
    Why Adopt a Maximin Theory of Exploitation?Alan Wertheimer, Joseph Millum & G. Owen Schaefer - 2010 - American Journal of Bioethics 10 (6):38-39.
  12. Two Questions About Surrogacy and Exploitation.Alan Wertheimer - 1992 - Philosophy and Public Affairs 21 (3):211-239.
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  13.  16
    There Are No Coercive Offers.A. Wertheimer & F. G. Miller - 2014 - Journal of Medical Ethics 40 (9):592-593.
    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 only if competing (...)
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  14. Standing by Our Principles: Meaningful Guidance, Moral Foundations, and Multi-Principle Methodology in Medical Scarcity.Govind C. Persad, Alan Wertheimer & Ezekiel J. Emanuel - 2010 - American Journal of Bioethics 10 (4):46 – 48.
    In this short response to Kerstein and Bognar, we clarify three aspects of the complete lives system, which we propose as a system of allocating scarce medical interventions. We argue that the complete lives system provides meaningful guidance even though it does not provide an algorithm. We also defend the investment modification to the complete lives system, which prioritizes adolescents and older children over younger children; argue that sickest-first allocation remains flawed when scarcity is absolute and ongoing; and argue that (...)
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  15.  9
    In Defense of Bunkering.David Wasserman & Alan Wertheimer - 2014 - American Journal of Bioethics 14 (9):42-43.
  16.  3
    Non-Completion and Informed Consent.A. Wertheimer - 2014 - Journal of Medical Ethics 40 (2):127-130.
    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 ‘completion misconception’. This article argues that, other things being equal, (...)
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  17.  15
    Exploitation.Michael Gorr & Alan Wertheimer - 1998 - Philosophical Review 107 (2):296.
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  18.  15
    Should 'Nudge' Be Salvaged?Alan Wertheimer - 2013 - Journal of Medical Ethics 39 (8):498-499.
    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 designed to do.2 In his friendly amendment to Thaler and Sunstein's project, Saghai advances a more (...)
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  19.  58
    The Exploitation of Student Athletes.Alan Wertheimer & W. J. Morgan - 2007 - In William J. Morgan (ed.), Ethics in Sport. Human Kinetics. pp. 2--365.
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  20.  91
    Consent and Sexual Relations.Alan Wertheimer - 1996 - Legal Theory 2 (2):89-112.
    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 question itself. (...)
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  21.  18
    Is Payment a Benefit?Alan Wertheimer - 2013 - Bioethics 27 (2):105-116.
    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 view.’ The incorporation (...)
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  22.  35
    Jobs, Qualifications, and Preferences.Alan Wertheimer - 1983 - Ethics 94 (1):99-112.
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  23.  21
    Forgiveness and Public Deliberation: The Practice of Restorative Justice.Albert W. Dzur & Alan Wertheimer - 2002 - Criminal Justice Ethics 21 (1):3-20.
  24.  81
    Ruth J. Sample, Exploitation: What It is and Why It's Wrong (Lanham, Md.: Rowman and Littlefield, 2003), Pp. XIV + 197.Alan Wertheimer - 2007 - Utilitas 19 (2):259-261.
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  25.  69
    Review of Ruth Sample, Exploitation: What It is and Why It's Wrong. [REVIEW]Alan Wertheimer - 2007 - Utilitas 19 (2):259--261.
  26.  7
    Why is Coerced Consent Worse Than No Consent and Deceived Consent?David Wendler & Alan Wertheimer - 2017 - Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine 42 (2):114-131.
    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 to undermine the (...)
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  27.  13
    Reevaluating the Right to Withdraw From Research Without Penalty.G. Owen Schaefer & Alan Wertheimer - 2011 - American Journal of Bioethics 11 (4):14-16.
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  28. Internal Disagreements: Deliberation and Abortion.Alan Wertheimer - 1999 - In Stephen Macedo (ed.), Deliberative Politics: Essays on Democracy and Disagreement. Oxford University Press. pp. 175.
     
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  29.  53
    Victimless Crimes.Alan Wertheimer - 1977 - Ethics 87 (4):302-318.
  30.  99
    Exploitation.Alan Wertheimer & Matt Zwolinski - 1996 - Mind.
    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 this important topic from (...)
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  31.  14
    No Exceptionalism Needed to Treat Terrorists.Chiara Lepora, Marion Danis & Alan Wertheimer - 2009 - American Journal of Bioethics 9 (10):53-54.
    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 physicians’ duty to provide health care (...)
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  32.  16
    Is Ordinary Language Analysis Conservative?A. Wertheimer - 1976 - Political Theory 4 (4):405-422.
  33.  46
    Unconscionability and Contracts.Alan Wertheimer - 1992 - Business Ethics Quarterly 2 (4):479-496.
    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 disproportionate, whether there is a strong link between the (...)
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  34. Liberty, Coercion, and the Limits of the State.Alan Wertheimer - 2002 - In Robert L. Simon (ed.), The Blackwell Guide to Social and Political Philosophy. Blackwell.
     
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  35.  53
    Intoxicated Consent to Sexual Relations.A. Wertheimer - 2001 - Law and Philosophy 20 (4):373-401.
  36.  41
    Punishing the Innocent — Unintentionally.Alan Wertheimer - 1977 - Inquiry : An Interdisciplinary Journal of Philosophy 20 (1-4):45 – 65.
    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 considerations of (...)
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  37.  18
    Freedom, Morality, Plea Bargaining, and the Supreme Court.Alan Wertheimer - 1979 - Philosophy and Public Affairs 8 (3):203-234.
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  38.  7
    When and Why Is Research Without Consent Permissible?Luke Gelinas, Alan Wertheimer & Franklin G. Miller - 2016 - Hastings Center Report 46 (2):35-43.
    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 principle allow no exceptions, others hold (...)
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  39.  16
    The Prosecutor and the Gunman.Alan Wertheimer - 1979 - Ethics 89 (3):269-279.
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  40.  24
    Voluntary Consent: Why a Value-Neutral Concept Won't Work.A. Wertheimer - 2012 - Journal of Medicine and Philosophy 37 (3):226-254.
    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.
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  41.  24
    Misconceptions About Coercion and Undue Influence: Reflections on the Views of Irb Members.Emily Largent, Christine Grady, Franklin G. Miller & Alan Wertheimer - 2013 - Bioethics 27 (9):500-507.
    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 inconsistent views about coercion and undue influence (...)
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  42.  14
    Should Punishment Fit the Crime?Alan Wertheimer - 1975 - Social Theory and Practice 3 (4):403-423.
  43.  11
    Money, Coercion, and Undue Inducement: Attitudes About Payments to Research Participants.E. A. Largent, C. Grady, F. G. Miller & A. Wertheimer - 2012 - IRB: Ethics & Human Research 34 (1):1-8.
    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 might influence a participant’s decisions or behaviors regarding research participation. (...)
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  44.  23
    The Equalization of Legal Resources.Alan Wertheimer - 1988 - Philosophy and Public Affairs 17 (4):303-322.
  45.  24
    Deterrence and Retribution.Alan Wertheimer - 1976 - Ethics 86 (3):181-199.
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  46.  10
    Against Autonomy?A. Wertheimer - 2014 - Journal of Medical Ethics 40 (5):351-352.
    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 portions in restaurants and (...)
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  47.  17
    Terrance McConnell, Inalienable Rights.A. Wertheimer - 2001 - Law and Philosophy 20 (5):541-551.
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  48.  13
    Ellen H. Moskowitz and Bruce Jennings, Eds., Coerced Contraception? Moral and Policy Challenges of Long‐Acting Birth Control:Coerced Contraception? Moral and Policy Challenges of Long‐Acting Birth Control.Alan Wertheimer - 1998 - Ethics 108 (2):429-431.
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  49.  5
    The Social Value Requirement Reconsidered.Alan Wertheimer - 2015 - Bioethics 29 (5):301-308.
    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 (...)
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  50.  2
    Sixteen. Coercion and Voluntariness.Alan Wertheimer - 1990 - In Coercion. Princeton University Press. pp. 287-306.
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