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J Law Biosci. 2015 Feb 01;2(1):2-32. doi: 10.1093/jlb/lsu039.

The ethics of promulgating principles of research ethics: the problem of diversion effects.

Journal of law and the biosciences

Alan Wertheimer

Affiliations

  1. Department of Bioethics, Clinical Center, National Institutes of Health.

PMID: 25937934 PMCID: PMC4410970 DOI: 10.1093/jlb/lsu039

Abstract

There is an important distinction between ethical standards for the conduct of research with human subjects and the ethics of promulgating principles of research ethics. Those who promulgate ethical standards for the conduct of research have an ethical responsibility to consider the consequences to which those promulgations give rise. In particular, they must consider whether their promulgations will give researchers incentives not to conduct research or not to conduct research in locales in which participants would benefit from participation. I first show how such 'diversion effects' are possible and then examine four principles of research ethics in that light. I then consider several objections to the argument that those who promulgate principles of research ethics should consider diversion effects.

Keywords: Research ethics; incentives; promulgations; regulation; standard of care

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