(Why) should we require consent to participation in research?

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Abstract

It is widely accepted that informed consent is a requirement of ethical biomedical research. It is less clear why this is so. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. This article argues that the consent requirement cannot be defended by appeal to any simple principle, such as not treating people merely as a means, bodily integrity, and autonomy. As an argumentative strategy the article asks whether it would be legitimate for the state to require people to participate in research. I argue that while it would be legitimate and potentially justifiable to coerce people to participate in research as a matter of first-order moral principles, there are good reasons to adopt a general prohibition on coercive participation as a matter of second-order morality.

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APA

Wertheimer, A. (2014). (Why) should we require consent to participation in research? Journal of Law and the Biosciences, 1(3), 137–182. https://doi.org/10.1093/jlb/lsu008

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