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Emotion Review
Vol. 3, No. 3 (July 2011) 290–292
© The Author(s) 2011
ISSN 1754-0739
DOI: 10.1177/1754073911402370
er.sagepub.com
Joint Evaluation as a Real-World Tool for Managing
Emotional Assessments of Morality
Max H. Bazerman
Francesca Gino
Lisa L. Shu
Chia-Jung Tsay
Harvard Business School, Harvard University, USA
Abstract
Moral problems often prompt emotional responses that invoke
intuitive judgments of right and wrong. While emotions inform
judg-
ment across many domains, they can also lead to ethical failures
that could be avoided by using a more deliberative, analytical
decision-making process. In this article, we describe joint
evaluation as an effective tool to help decision makers manage
their
emotional assessments of morality.
Keywords
emotions, joint evaluation, judgment, morality
People often respond emotionally to moral problems.
Sometimes,
these emotional responses conflict with cognitive preferences.
This article examines separate- versus joint-evaluation mode as
a tool that can predict the conditions under which the emotional
self overrides the cognitive self in moral judgment. When
people think about one option at a time, as they do in separate
evaluation mode, they are more likely to base their moral judg-
ments on emotions than when they compare two or more
options simultaneously in joint-evaluation mode (Ritov &
Baron, in press). Because many decisions could benefit from
increased cognition and control over the emotive self, it is
important to understand how to effectively use joint decision-
making procedures as a tool in the moral domain.
Substantial evidence has documented preference reversals
between what people choose in separate versus joint decision
making (Bazerman & Moore, 2008). Bazerman, Tenbrunsel,
and Wade-Benzoni (1998) suggest that many of these prefer-
ence reversals are explained by the internal conflict between
what one emotively wants to do versus what one cognitively
thinks one should do. Consistent with the affect heuristic
(Slovic, Finucane, Peters, & MacGregor, 2002), people favor
the more emotively appealing option (the “want option”) when
considering only one option at a time, and favor reason-based
decision making (the “should” option) when considering two or
more options simultaneously.
Prior research has examined the influence of joint and
separate decision making by examining whether people pay
attention to their own outcomes or to comparisons with others’.
Bazerman, Schroth, Shah, Diekmann, and Tenbrunsel (1994)
asked Kellogg MBA students whether they would accept job
offers from a consulting firm when facing deadlines. The
researchers manipulated whether students were presented with
one or two job offers at a time. The job descriptions included
the following information:
Job A: The offer is from Company 4 for $75,000 a year. It is
widely
known that this firm pays all starting MBAs from top schools
$75,000
a year.
Job B: The offer is from Company 9 for $85,000 a year. It is
widely
known that this firm is paying some other graduating Kellogg
students
$95,000 a year.
As these descriptions show, Job A pays less than Job B, but
Job B is more likely to evoke an emotional reaction because
it raises the moral issue of the firm paying others more than
the target student. The study results demonstrated that MBA
students who were presented with only one job offer were more
likely to accept Job A, the more emotionally appealing option.
In
contrast, students who were presented with both job offers
simul-
taneously were more likely to accept Job B. The opportunity to
Corresponding author: Max H. Bazerman, Harvard Business
School, Harvard University, Baker Library 453, Soldiers Field
Road, Boston, MA 02163, USA. Email: [email protected]
Bazerman et al. Joint Evaluation and Assessment of Morality
291
compare the offers allowed students to make decisions more
consistent with their best interests.
In another study, Paharia, Kassam, Greene, and Bazerman
(2009) explored the degree to which emotions influence judg-
ments of price gouging. The study was motivated by the 2005
news that pharmaceutical giant Merck had sold the rights to two
of its relatively unprofitable cancer drugs to a smaller and
lesser known company, Ovation Pharmaceuticals. Ovation then
raised the price of the drugs by 1,000%, although Merck con-
tinued to manufacture the drugs. The price hike generated little
outrage, probably due in part to Ovation’s low public profile. In
contrast, had Merck raised the price of the drugs directly,
observers likely would have responded to the news in a more
negative manner. Paharia et al. (2009) designed a study that
compared the difference between raising prices directly versus
indirectly. All study participants read:
A major pharmaceutical company, X, had a cancer drug that was
mini-
mally profitable. The fixed costs were high and the market was
limited.
But, the patients who used the drug really needed it. The
pharmaceutical
was making the drug for $2.50/pill (all costs included), and was
only
selling it for $3/pill.
Then, one group of participants assessed the ethicality of the
following action:
A: The major pharmaceutical firm (X) raised the price of the
drug from
$3/pill to $9/pill.
A second group assessed the ethicality of a different course of
action:
B: The major pharmaceutical firm (X) sold the rights to a
smaller phar-
maceutical. In order to recoup costs, company Y increased the
price of
the drug to $15/pill.
The results showed that participants who read Action A judged
the behavior of company X more harshly than those who read
Action B, despite the smaller negative impact of Action A on
patients. In addition, Paharia et al. (2009) presented a third
group of participants with both possible actions simultaneously
and asked them to judge which was more unethical. In this case,
preferences reversed. When participants could compare the two
scenarios, they judged Action B to be more unethical than
Action A. Here again, a joint-evaluation format reduced the
influence of emotional responses on moral judgments.
More recently, Gino, Moore, and Bazerman (2010) used the
distinction between separate and joint evaluation to examine
the effect of the outcome bias—the tendency to judge the qual-
ity of others’ decisions based on results rather than on their
decision-making process—on judgments with ethical implica-
tions (see also Gino, Shu, & Bazerman, 2010). Participants in
Gino et al.’s (2010) study read a scenario describing the case of
a patient suffering from pain who had been advised by his doc-
tor to simply rest. The scenario stressed that the doctor’s advice
was contrary to practice guidelines but saved the doctor money
and time. In the “separate evaluation/bad outcome” condition,
the scenario description ended as follows:
Sam’s symptoms worsen over time and after only a couple of
weeks, Sam is in need of back surgery, which will very likely
result in
long-term effects such as pain and loss of mobility.
In contrast, in the “separate evaluation/good outcome” condi-
tion, the ending read:
Sam’s symptoms improve over time and after only a couple of
weeks,
the pain completely disappears.
Both groups of participants rated the ethicality of the doctor’s
actions. As expected, the emotions resulting from the combina-
tion of an unethical decision with a bad outcome led partici-
pants to rate the doctor’s behavior as more unethical than when
a good outcome resulted. Parallel to prior studies, the
researchers
included a third condition in which participants read both sce-
narios and judged the ethicality of the doctor’s actions. In this
joint-evaluation condition, participants’ judgments were less
swayed by positive or negative outcome information, and 65%
of the participants rated the scenarios as equally unethical.
Implications
The empirical evidence discussed in this article is consistent
with
research showing that emotions play too strong a role in
separate
decision making. In fact, Ritov and Baron (in press) show that
emotional responses are stronger when assessing options sepa-
rately than when assessing problems jointly. The evidence we
have described suggests that decision makers should consider
evaluating options jointly when assessing morality or making
moral judgments. This is consistent with the long-standing
advice
in the decision literature to consider all available alternatives
when making decisions (Raiffa, 1968). In addition, research
shows that if people consider a decision well in advance or in
retrospect, they express greater support for the decisions
resulting
from the joint format (O’Connor et al., 2002).
We believe that both emotion and cognition add value to
moral decision making. But when they are in conflict, normative
decision criteria (Bazerman & Moore, 2008), predecision
prefer-
ences (O’Connor et al., 2002), and retrospective assessments
(O’Connor et al., 2002) all suggest that we would better meet
our underlying moral and ethical values by applying joint evalu-
ation to our moral judgments. And, when making decisions with
moral implications, we should avoid the common real-world
default to assess options sequentially as they develop.
References
Bazerman, M. H., & Moore, D. A. (2008). Judgment in
managerial decision
making (7th ed.). New York, NY: Wiley.
Bazerman, M. H., Schroth, H. A., Shah, P. P., Diekmann, K. A.,
&
Tenbrunsel, A. E. (1994). The inconsistent role of social
comparison
and procedural justice in reactions to hypothetical job
descriptions:
292 Emotion Review Vol. 3 No. 3
Implications for job acceptance decisions. Organizational
Behavior and
Human Decision Processes, 60, 326–352.
Bazerman, M. H., Tenbrunsel, A. E., & Wade-Benzoni, K. A.
(1998). What
I want to do versus what I should do: A theoretical explanation
for
preference reversals. Academy of Management Review, 23,
225–241.
Gino, F., Moore, D. A., & Bazerman, M. H. (2010). No harm,
no foul: The
outcome bias in ethical judgments. Working article, Harvard
Business
School.
Gino, F., Shu, L. L., & Bazerman, M. H. (2010). Nameless +
harmless =
blameless: When seemingly irrelevant factors influence
judgment of
(un)ethical behavior. Organizational Behavior and Human
Decision
Processes, 111, 102–115.
O’Connor, K. M., De Dreu, C. K. W., Schroth, H., Barry, B.,
Lituchy, T. R.,
& Bazerman, M. H. (2002). What we want to do versus what we
think
we should do: An empirical investigation of intrapersonal
conflict.
Journal of Behavioral Decision Making, 15, 403–418.
Paharia, N., Kassam, K. S., Greene, J. D., & Bazerman, M. H.
(2009).
Dirty work, clean hands:. The moral psychology of indirect
agency.
Organizational Behavior and Human Decision Processes, 109,
134–141.
Raiffa, H. (1968). Decision analysis. Reading, MA: Addison-
Wesley.
Ritov, I., & Baron, J. (in press). Joint presentation reduces the
effect of emotion on evaluation of public actions. Cognition &
Emotion.
Slovic, P., Finucane, M. L., Peters, E., & MacGregor, D. G.
(2002). The
affect heuristic. In T. Gilovich, D. Griffin & D. Kahneman
(Eds.),
Intuitive judgment: Heuristics and biases (pp. 397–420). New
York,
NY: Cambridge University Press.
2/5/15, 7:49 AMBackground
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OP-ED TOPIC FOR 2015 SPRING
Introduction. . .
_____________________________________________________
__________________________
Public Anthropology’s Community Action Website Project
helps to provide students with key skills they need to be
successful in
their future careers: critical thinking, effective communication,
and active citizenship. The Project encourages (1) critical
thinking
regarding an ethical issue, (2) a sharing of ideas among students
from different universities, (3) improved writing skills, and (4)
active citizenship
– a sense that students working together can facilitate change.
Let's begin. . .
_____________________________________________________
__________________________
THE ISSUE
The rules for regulating research are regularly updated. The U.
S. Department of Health and Human Services, for example, is
presently trying to complete a new set of regulations (see e.g.
http://chronicle.com/article/Overhaul-of-Rules-for-
Human/137811/). After
reading the material below, you will be asked to address in your
Op-Ed (or opinion piece) two questions regarding how much,
or how little, governmental regulation of research is
appropriate. Good luck.
There are four steps to this skill development process:
(1) READ: You should carefully read the background material
to gain an idea of the issue you will be writing about. If you
rush
through the material, you will probably do poorly -- grade wise
-- on this writing assignment.
(2) DECIDE: You will then take a stand on the issue discussed
and, critically, develop an effective argument in support of your
position.
(3) PREPARE: Before you write your Op-Ed (or opinion) piece,
you should carefully look at the criteria others will use in
evaluating
your piece (see below) as well as examples of model Op-Eds
from leading North American newspapers. These should provide
a sense
of how to frame and phrase your own Op-Ed.
(4) WRITE: You should write your Op-Ed in a word processing
program – such as WORD – and cut and paste your Op-Ed into
the
space provided on the website.
RELATION TO READING: Why a Public Anthropology?
Why a Public Anthropology? begins with the sentence:
"Cultural Anthropology has the potential to change the world."
The first chapter highlights
three anthropologists who actively addressed important social
concerns -- Franz Boas, Margaret Mead, and Paul Farmer. The
second chapter then
describes in some detail cultural anthropology's potential for
addressing a range of problems. But how does one proceed in an
ethically positive
way in addressing these problems, in trying to bring change?
In sections 1.6, 1.7, and 1.8, the book asks whether cultural
anthropology should move beyond its current ethical stance of
"do no harm" to a
more positive stance of "doing good." These sections emphasize
that "do no harm," when looked at closely, is an ethically
ambiguous position.
There are several cases where anthropologists, while in
principle not desiring to do harm, in fact do considerable harm.
And there are cases where
national governments, in seeking to avoid ethical abuses, over-
regulate research. In strictly regulating research, these
governments limit the
researcher's ability to do good, thereby causing harm in a
different way.
In this assignment, you need to consider how research should
best proceed for the good of all. How much regulation should
there be to avoid
harming research subjects? And how much freedom should there
be so that researchers can produce results that help others?
BACKGROUND INFORMATION
In writing your Op-Ed, you are strongly encouraged to ONLY
use the information provided below (especially the five case
studies). Yes, there are
lots of links in the following materials. But they are mainly
provided so you appreciate the statements being made are well
documented.
Writing your Op-Ed is primarily an exercise in critical thinking,
not in collecting data from the web to support this or that
position. Given the
information as reliable as we can make it – given the demands
of this assignment – what do you view as a reasonable stance?
How do you reason
with the information provided to a thoughtful position regarding
freedom versus regulation in research?
A BIT OF HISTORY:
THE BELMONT REPORT (see
http://www.hhs.gov/ohrp/policy/belmont.html,
http://en.wikipedia.org/wiki/Belmont_report) of 1979
constitutes
http://chronicle.com/article/Overhaul-of-Rules-for-
Human/137811/
http://www.hhs.gov/ohrp/policy/belmont.html
http://en.wikipedia.org/wiki/Belmont_report
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THE BELMONT REPORT (see
http://www.hhs.gov/ohrp/policy/belmont.html,
http://en.wikipedia.org/wiki/Belmont_report) of 1979
constitutes
the foundation for regulating research across all parts of the
United States government. Quoting from the report itself:
On July 12, 1974, the National Research Act (Pub. L. 93-348)
was signed into law, there-by creating the National Commission
for the
Protection of Human Subjects of Biomedical and Behavioral
Research. One of the charges to the Commission was to identify
the basic
ethical principles that should underlie the conduct of biomedical
and behavioral research involving human subjects and to
develop
guidelines which should be followed to assure that such
research is conducted in accordance with those principles
The report emphasized three basic ethical principles:
1. “Respect for Persons. -- Respect for persons incorporates at
least two ethical convictions: first, that individuals should be
treated
as autonomous agents, and second, that persons with diminished
autonomy are entitled to protection.”
2. “Beneficence. -- Persons are treated in an ethical manner not
only by respecting their decisions and protecting them from
harm,
but also by making efforts to secure their well-being. . . . Two
general rules have been formulated as complementary
expressions of
beneficent actions . . .: (1) do not harm and (2) maximize
possible benefits and minimize possible harms.
3. “Justice. -- Who ought to receive the benefits of research and
[who should] bear its burdens? . . . the exploitation of unwilling
prisoners as research subjects in Nazi concentration camps was
condemned as a particularly flagrant injustice. In this country,
in the
1940's, the Tuskegee syphilis study used disadvantaged, rural
black men to study the untreated course of a disease that is by
no
means confined to that population. These subjects were
deprived of demonstrably effective treatment in order not to
interrupt the
project, long after such treatment became generally available.
THE COMMON RULE “In 1991, 14 other Federal departments
and agencies joined HHS in adopting a uniform set of rules for
the protection of
human subjects . . . This uniform set of regulations is the
Federal Policy for the Protection of Human Subjects, informally
known as the ‘Common
Rule’.” To insure these regulations are followed the Department
or Health, Education, and Welfare, now Department of Health
and
Human Services, established the Office for Human Research
Protections (OHRP) (see
http://www.hhs.gov/ohrp/humansubjects/commonrule/index.htm
l
http://ori.hhs.gov/education/products/ucla/chapter2/page04b.ht
m ).
INSTITUTIONAL REVIEW BROADS (IRBs): “The Office of
Human Research Protections [OHRP] supervises the
Institutional Review
Boards charged with following the common rule.” Initially,
IRBs only covered federally funded research. But over time,
universities extended
the jurisdiction of their IRBs to cover all faculty research
(whether or not it was funded by the government). “The IRB has
the authority to
approve, require modifications in, or disapprove all research
activities that fall within its jurisdiction as specified by both the
federal regulations
and local institutional policy.”
(http://www.hhs.gov/ohrp/archive/irb/irb_chapter1.htm).
According to the Code of Federal Regulations §46.111, the
Criteria for IRB approval of research states
http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html
#46.111 ). “In order to approve research . . . the IRB shall
determine that
all of the following requirements are satisfied:
(1) Risks to subjects are minimized: . . .
(2) Risks to subjects are reasonable in relation to anticipated
benefits. . .
(3) Selection of subjects is equitable
[“in a clinical investigation of a new drug intended for general
use, the researcher should recruit a more or less
representative sample of the population” ,
http://flpublichealthethics.net/index.php/eng/help_for_committe
e_members_and_staff/is_selection_of_subjects_equitable
]
[“The selection process needs to be scrutinized in order to
determine whether some classes (e.g. welfare patients. . .) are
being systematically selected simply because of their easy
availability, their compromised position, or their
manipulability,
rather than for reasons directly related to the problem being
studied” http://research.uthscsa.edu/irb/selection.shtml )
(4) Informed consent will be sought from each prospective
subject
[Informed consent involves gaining the research subject’s
permission to conduct research involving that subject. “The
principle of respect for persons demands that subjects' decisions
whether to become involved in research must be
voluntary and informed”
http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html
#46.116]
(5) Informed consent will be appropriately documented . . .
(6) When appropriate, the research plan makes adequate
provision for monitoring the data collected to ensure the safety
of subjects.
(7) When appropriate, there are adequate provisions to protect
the privacy of subjects and to maintain the confidentiality of
data.
THE CANADIAN RESEARCH ETHICS BOARD'S (REB'S)
regulations were updated in 2010. The policy statement affirms:
“Respect for
human dignity has been an underlying value of the Tri-Council
Policy Statement: Ethical Conduct for Research Involving
Humans . . . since its
inception. “ It continues “Respect for human dignity requires
that research involving humans be conducted in a manner that is
sensitive to the
inherent worth of all human beings and the respect and
consideration that theyare due.
In this Policy, respect for human dignity is expressed through
three core principles – Respect for Persons, Concern for
Welfare, and
Justice.”It continues “Respect for Persons recognizes the
intrinsic value of human beings and the respect and
consideration that they are due. . . .
An important mechanism for respecting participants’ autonomy
in research is the requirement to seek their free, informed and
ongoing consent.
This requirement reflects the commitment that participation in
research . . . should be a matter of choice and that, to be
meaningful, the choice
http://www.hhs.gov/ohrp/policy/belmont.html
http://en.wikipedia.org/wiki/Belmont_report
http://www.hhs.gov/ohrp/humansubjects/commonrule/index.htm
l
http://ori.hhs.gov/education/products/ucla/chapter2/page04b.ht
m
http://www.hhs.gov/ohrp/archive/irb/irb_chapter1.htm
http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html
#46.111
http://flpublichealthethics.net/index.php/eng/help_for_committe
e_members_and_staff/is_selection_of_subjects_equitable
http://research.uthscsa.edu/irb/selection.shtml
http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html
#46.116
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This requirement reflects the commitment that participation in
research . . . should be a matter of choice and that, to be
meaningful, the choice
must be informed. An informed choice is one that is based on as
complete an understanding as is reasonably possible of the
purpose of the
research, what it entails, and its foreseeable risks and potential
benefits, both to the participant and to others. . . . Concern for
Welfare means
that researchers and REBs should aim to protect the welfare of
participants, and, in some circumstances, to promote that
welfare in view of any
foreseeable risks associated with the research. . . . Justice refers
to the obligation to treat people fairly and equitably. Fairness
entails treating all
people with equal respect and concern” (Tri-Council Policy
Statement "Ethical Conduct for Research Involving Humans"
(http://www.pre.ethics.gc.ca/pdf/eng/tcps2/TCPS_2_FINAL_We
b.pdf ).
REASONING WITH FIVE KEY CASES
Rather than overwhelming you with piles of information, you
are being asked to think carefully about the following five case
studies. Two focus on
the need for research regulation to prevent abuse. Two question
whether the way regulations are now enforced is overly
bureaucratic and
unreasonable. Obviously, there is no “right” answer. But you
are requested to think critically about the following five case
studies and come to
your own reasoned conclusion.
CASE ONE: THE GUATEMALA SYPHILIS EXPERIMENT
SOURCE: Wikipedia, the free encyclopedia
The syphilis experiments in Guatemala were United States-led
human experiments conducted in Guatemala from 1946 to 1948,
during the
administration of President Truman and President Juan José
Arévalo with the cooperation of some Guatemalan health
ministries and officials.
Doctors infected soldiers, prostitutes, prisoners and mental
patients with syphilis and other sexually transmitted diseases,
without the informed
consent of the subjects, and treated most subjects with
antibiotics. This resulted in at least 83 deaths. In October 2010,
the U.S. formally
apologized to Guatemala for conducting these experiments.
Experiments
The experiments were led by United States Public Health
Service physician John Charles Cutler, who later took part in
the late stages of the
Tuskegee syphilis experiment. In archived documents, Dr.
Thomas Parran, Jr., the U.S. Surgeon General at the time of the
experiments,
acknowledged that the Guatemalan work could not be done
domestically, and details were hidden from Guatemalan
officials. . . . A total of about
1500 study subjects were involved although the findings were
never published. . . .
While the Tuskegee experiment followed the natural
progression of syphilis in those already infected, in Guatemala
doctors deliberately infected
healthy people with the diseases some of which are fatal if
untreated. The goal of the study seems to have been to
determine the effect of
penicillin in the prevention and treatment of venereal diseases.
The researchers paid prostitutes infected with syphilis to have
sex with prisoners
and some subjects were infected by directly inoculating them
with the bacterium. When the subjects contracted the disease
they were given
antibiotics, although adequate penicillin therapy was prescribed
for 76% of subjects, completion of therapy was documented for
only 26%. Francis
Collins, the current Director of National Institutes of Health,
called the experiments "a dark chapter in history of medicine"
and commented that
modern rules absolutely prohibit conducting human subject
research without informed consent. . . .
Apology and Response
In October 2010, the U.S. government formally apologized and
announced that there was no statute of limitations for the
violation of human
rights in that medical research. . . . President Barack Obama
apologized to President Álvaro Colom, who had called these
experiments "a crime
against humanity".
"It is clear from the language of the report that the U.S.
researchers understood the profoundly unethical nature of the
study. In fact
the Guatemalan syphilis study was being carried out just as the
“Doctors’ Trial” was unfolding at Nuremberg (December 1946 –
August 1947), when 23 German physicians stood trial for
participating in Nazi programs to euthanize or medically
experiment on
concentration camp prisoners."
The U.S. government asked the Institute of Medicine to conduct
a review of these experiments. Separately, the Presidential
Commission for the
Study of Bioethical Issues was asked to convene a panel of
international experts to review the current state of medical
research on humans
around the world and ensure that such incidents cannot be
repeated. The Commission report, Ethically Impossible: STD
Research in Guatemala
from 1946 to 1948, published in September 2011, concluded
that "the Guatemala experiments involved unconscionable basic
violations of ethics,
even as judged against the researchers' own recognition of the
requirements of the medical ethics of the day."
CASE TWO: STUDYING OLD BONES — PRESERVATION
OR PERVERSION?
SOURCE: TheStar.com, October 09, 2011
by Mary Ormsby
A cross-border battle is brewing over 500-year-old bones
belonging to some of Ontario’s original inhabitants — a case
descendents describe as
academic grave robbing. The Huron-Wendat Nation is
demanding that Louisiana State University return the “stolen”
remains of about 200 people.
They say researchers improperly gathered the bones from an
Ontario ossuary to use for unauthorized student research. . . .
The unusual dispute raises questions about the best way for
academics to be culturally sensitive — particularly when
studying human remains —
in a CSI generation that considers bones a DNA treasure trove
of clues to scientific, historic, medical and, sometimes, criminal
puzzles.
Bastien, 79, is a Wendake Council representative who has been
active in asserting Huron-Wendat rights in Ontario. Some of
those rights, outlined
in a series of Supreme Court of Canada decisions, mean First
Nations people must be consulted before development begins in
historic areas that
might reveal burial grounds. If Huron-Wendat burial ossuaries
(mass bone repositories) are accidentally disturbed . . . the
nation must be notified
http://www.pre.ethics.gc.ca/pdf/eng/tcps2/TCPS_2_FINAL_Web
.pdf
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might reveal burial grounds. If Huron-Wendat burial ossuaries
(mass bone repositories) are accidentally disturbed . . . the
nation must be notified
immediately. . . .
Archaeologist Heather McKillop is the LSU professor who
oversaw the excavation and eventual export of bones from the
Poole-Rose ossuary near
Cobourg to Baton Rouge, La., where she teaches. She was given
permission to do so by the native community geographically
closest to the
ossuary, the Alderville First Nation, which is not Huron-
Wendat. . . . . McKillop and co-author Lawrence Jackson
described the Poole-Rose ossuary
as fitting the Huron’s centuries-old Feast of the Dead burial-pit
pattern in their 1991 report in the Ontario Archeological
Society’s newsletter. . . .
Helen Robbins, a social anthropologist and repatriation director
at the Chicago Field Museum, said a scientific middle ground
might be reached
more often if academics and indigenous people were more “open
and honest” with each other. “ There can be benefits with
indigenous people
getting more access to museums, learning about museums as
well as museums learning more about the tribe they have the
human remains of —
and may have been sitting there for 100 years,’’ says Robbins,
who has no connection to the Huron-Wendat /LSU matter.
Prior to European contact, the Huron-Wendat population
swelled to about 40,000. They lived in an area from the
southern horn of Georgian Bay to
the northerly shore of Lake Ontario, and from west of Toronto
to Cornwall and Prescott in the east. Diseases brought by white
settlers, including
smallpox, devastated the once-mighty confederacy in the 17th
century. A group of native survivors eventually migrated to
Quebec in the mid-
1600s, in part to escape conflict with other nations. Today,
Bastien said there are 3,000 Huron-Wendat in Canada and about
6,000 in the United
States.
The Poole-Rose ossuary was carbon dated to about 1550. . . .
For remains deemed very old and aboriginal, there are two
choices under the
Ontario Cemeteries Act: One is to contact the closest First
Nations group, which in this case was the Alderville First
Nation. The second option is to
consult with the most likely people descended from the dead.
Alderville’s then-chief Nora Bothwell and her council gave
McKillop permission to excavate, export and study the remains.
Bothwell told the Star
the bones were expected to be repatriated and that she hadn’t
initially known the skeletons were Huron-Wendat. But
McKillop “was likely aware at
that time, or ought to have been aware, that the skeletons were
ancestral Huron-Wendat,” claims a Sept. 16 letter sent to
McKillop, LSU chancellor
Michael Martin and provincial Tourism and Culture Minister
Michael Chan. It was sent by Toronto lawyer David Donnelly,
who represents the
Quebec-based nation. . . .
“The fact is that for sensitive cultural heritage matters, the
Ontario Cemeteries Act still treats aboriginal nations as being
all alike. A statute that
literally says talking to the closest Indian will do is despicable
and illegal.”
Bastien hopes LSU officials will deliver the ancestral bones to
Canada so they — and restless Huron souls — can be “returned
to the earth” with a
calming traditional ritual. A smudging ceremony with tobacco
and sage will be performed by elders. Remains are then interred
with beaver pelts,
artifacts and “the three sisters” — corn, beans and squash. . . .
The Huron-Wendat believe buried bones are sacred because a
person’s soul rests with the remains, while a second soul soars
skyward.
CASE THREE: THE IRB AND THE FUTURE OF FIELDWORK
SOURCE: Chronicle Of Higher Education, August 12, 2011
by Laurie Essig
(http://chronicle.com/blogs/brainstorm/the-irb-and-the-future-
of-fieldwork/38160 )
Institutional Review Boards exist, according to their websites,
to protect research subjects from unethical researchers, the kind
of researchers who
would recreate prison situations to see how nasty humans could
be to total strangers or would tell their subjects that they had to
administer
electric shocks to a stranger with heart disease just to see if
they’d do it. . . .
But as any field researcher—that is, the kind of researcher who
actually speaks with people (as opposed to experiments on
them)—will tell you,
IRBs have effectively shut down our ability to actually find out
about people’s lived experiences. IRBs have treated speaking
with someone as
equivalent to experimenting on them and have almost killed
fieldwork in the process.
A friend, who used to interview prisoners, gave it up since
prisoners are “vulnerable populations” and getting IRB approval
is far more difficult
than getting through the prison doors. Another acquaintance
who used to research sexuality among young people has had to
give it up since if
there’s one thing you canNOT speak with people under 18 about
it’s sex. I myself have had a few run-ins with IRBs. One time I
was called in
because I had interviewed people who identified as
transgendered and did not treat these people as a “vulnerable
population,” which includes
prisoners, terminally ill persons, children, people with mental
illness, and pregnant women. . . .
“These people have issues with their gender,” she yelled.
When I suggested that from a sociological perspective, we all
have issues with our gender, even the most normatively
gendered among us, she
told me I could come up with a plan for dealing with “those
people’s mental illness” or forget my project.
A year later, at a different institution, I was told that I had to
get cosmetic surgery patients to sign permission slips to speak
with me even though
the interviews would be anonymous and details would be
changed in such a way as to protect everyone’s identity. You
can imagine what this was
like.
“Hi, may I ask you intimate questions about what you hate
about your body, what heroic medical interventions you will
undergo, and how you’ll
finance it?”
“Um, sure, I guess.”
“Can you sign this legalistic looking form with your real name
even though I just promised you that I will never use it?”
http://chronicle.com/blogs/brainstorm/the-irb-and-the-future-of-
fieldwork/38160
2/5/15, 7:49 AMBackground
Page 5 of 8http://www.publicanthropology.org/CAW/General/-
background.htm
“Can you sign this legalistic looking form with your real name
even though I just promised you that I will never use it?”
People love it when you offer them anonymity and then ask for
a signature. Really makes them want to open up to you. But as
annoying as this
sort of bureaucratic bookkeeping is, and as frustrating as it is to
realize that it’s probably more about making sure the university
isn’t sued than
protecting those people who are kind enough to speak with field
researchers, it is even more upsetting that biomedical and
psychiatric paradigms
are forced onto those of us who come from fields, like
sociology, that are fundamentally at odds with such paradigms.
As a sociologist, the last thing I want to do is decide who is
mentally ill and who is mentally healthy. The sociological
questions are far more likely
to be “How do cultures determine who is and is not mentally
ill?” and “What forms of power lie behind those
determinations?”s
CASE FOUR: BEHIND CLOSED DOORS
SOURCE: INSIDE HIGHER EDUCATION, February 8, 2012
By Mitch Smith
Many researchers level complaints against institutional review
boards (IRBs), which can delay or derail projects their members
deem unethical,
unrealistic or illegal. Seeking to understand how the boards
work . . . Laura Stark, sat through hours of deliberations at
boards across the country.
Behind Closed Doors: IRBs and the Making of Ethical
Research, published this year by the University of Chicago
Press, explains through
observation and interviews how and why IRBs function the way
they do. Stark agreed to answer a few questions from Inside
Higher Ed. . . .
Q: You mention that something as simple as spelling errors –
one applicant’s incorrect use of “principal” drew the ire of an
IRB
member – can speak to the competency of the researcher and
play a role in a project’s approval or denial. Is that fair?
A: I think the real question is whether “fairness” should be the
most important criteria that committees use in evaluating
applications -- whether
for grant funding, college admissions, or IRB approval. It would
seem that fairness is not the only criteria used in IRB
evaluations. In focusing on
written errors, board members are looking for signs that
researchers are trustworthy, careful people who aren’t going to
make a mistake in their
studies (e.g., giving incorrect dosages or passing too much
responsibility to students). As I argue in the book, the
seemingly disproportionate
concern over typos and written mistakes in applications is not a
matter of fairness, but of trustworthiness. Is that a criterion
worth considering? If
so, is attention to detail in written documents a good way to
evaluate trustworthiness? For that matter, should researchers be
evaluated at all, or
simply the studies being proposed? These are questions for the
scientific and scholarly community to answer.
Q: Your hypothetical proposal in which companies would be
tested on whether they screen ex-convicts based on race
received
“very different” responses from each of the 18 IRBs that
reviewed it. Is some level of inconsistency inevitable between
IRBs and to
what degree is it acceptable?
A: This finding goes to show the many ways in which IRB
administrators and members can interpret the rules. In Chapter
Two I explore Devah
Pager’s experiences in getting approval at several IRBs for her
excellent work on employment discrimination. Pager’s account
illustrates that when
IRB members read new protocols, they conjure their local
institutional history and use case-based reasoning to make
decisions.
The main aims of the book are to document how our everyday
experience of the law is simply a product of how people enact
the law and,
specifically, how people with the power to apply rules that
affect science and scholarship are, in effect, shaping what we
can know and say for both
good and ill -- whether we are considering IRBs or film
censorship boards.
CASE FIVE: THE YANOMAMI – When Good Intentions Are
Not Enough
SOURCE: Robert Borofsky (drawn from Yanomami: The Fierce
Controversy and What We Can Learn From It and references
cited below)
The Yanomami are perhaps the best-known Amazonian Indian
group in the world. They are often portrayed in books and films,
not necessarily
correctly, as one of the world's last remaining prototypically
primitive groups.
James Neel, perceived by some as the father of modern human
genetics, began his research among the Yanomami in 1966. One
may infer from
his actions and writings that he felt research among the
Yanomami – specifically collecting their blood samples for
analysis – involved also
providing them something in return for their assistance. When
Neel learned the Yanomami were susceptible to measles, for
example, he brought
over 2,000 doses of the Edmonson B vaccine (that he obtained
at minimal cost from the Center for Disease Control) to
vaccinate the group against
a potential deadly measles epidemic. Half of this supply he gave
to the Venezuelan government to distribute. (What happened to
that vaccine is
not known.) He planned to hand the rest over to missionaries for
an inoculation campaign. But when a measles epidemic
unexpectedly broke out,
he scrapped this plan and began a vaccination campaign himself
to minimize the epidemics’ impact. He was only partially
successful. He inoculated
many Yanomami. A number, however, had adverse reactions to
the vaccine because he failed to include immune gamma
globulin (MIG). (He had
given much of his gamma globulin to the Venezuelan
authorities.) Regretfully, a number of Yanomami died.
Some praised Neel’s attempt to save Yanomami lives. Others
have suggested that he helped spread the epidemic through his
research or at least
aggravated the problem by using the Edmonson B vaccine,
without immune gamma globulin. If he had purchased a more
expensive measles
vaccine, the Yanomami would have had fewer adverse reactions.
Today, the Yanomami rarely mention Neel’s assistance.
What is clear is that the Yanomami were barely consulted
regarding Neel’s research. Neel decided to do his research
without first gaining
Yanomami permission. And he decided, on his own, what the
reciprocal benefits of his research would be.
The Yanomami were promised that Neel’s blood samples would
be analyzed to discover information helpful in fighting
Yanomami diseases. That
promise was never kept. Moreover, Napoleon Chagnon – the
anthropologist who was central to Neel’s research – apparently
never informed the
Yanomami that the blood samples would be stored for years in
research refrigerators in the United States rather destroyed soon
after the research
was over. Yanomami believe that all parts of a deceased
Yanomami must be ritually disposed of so the deceased can
spiritually leave this world.
Forcing the deceased to spiritually remain in this world – as
would occur by storing their blood in research refrigerators –
could cause the
deceased to turn on the living and bring them harm.
In his own anthropological research, Chagnon provided
informants with a host of valued items—such as machetes, pots
and even guns for
2/5/15, 7:49 AMBackground
Page 6 of 8http://www.publicanthropology.org/CAW/General/-
background.htm
In his own anthropological research, Chagnon provided
informants with a host of valued items—such as machetes, pots
and even guns for
hunting. Chagnon speaks movingly of his time with the
Yanomami.
By repetitively returning and becoming more and more
intimately associated with people like Kaobawä and Rerebawä
[two of his
informants], I became "involved" in their culture and now want
to make sure that they and their children are given a fair shake
in the
inevitable changes that are occurring. I can do so only by
becoming, as they say, involved—by becoming more active and
becoming an
advocate of their rights and their chances to have a decent
future, one that does not condemn them to becoming inferior
members of
the lowest possible rung of the socioeconomic ladder (Borofsky
2005:27; Chagnon 1992:244-46).
Yet it is also true that during his research, Chagnon broke the
American Anthropological Association’s Code of Ethics.
Quoting from the
Association’s El Dorado Task Force Report, in respect to the
allegations it investigated against Changon: "first, allegations
that his representations
of Yanomami ways of life were damaging to them and that he
made insufficient effort to undo this damage, and second that
his association in the
early 1990's with FUNDAFACI, a Venezuelan foundation that
sponsored his research, represented an unethical prioritizing of
his own research
concerns over the well-being of the Yanomami. We concur with
both these allegations" (Borofsky 2005:308; American
Anthropological Association
2002, I:31). The first violated the anthropological injunction
against do no harm. The second violated Venezuelan law and
led to Chagnon’s
deportation from Venezuela.
Beyond doubt, both Neel and Chagnon wanted to provide the
Yanomami with reciprocal benefits for the assistance the
Yanomami provided them.
Both clearly wanted to do well by the group. But in both cases,
helping the Yanomami often involved the researchers specifying
the requests as
well as the benefits for assisting in their research. The
Yanomami were not active negotiators in this process. There
was no informed consent.
They were lied to in respect to receiving back medical
information from the blood samples to help in fighting
Yanomami diseases. It also seems
they were misled regarding the fate of the blood samples.
Certainly when the Yanomami discovered that these blood
samples were being stored in
research refrigerators, there was an uproar that continues today.
The Yanomami have vociferously campaigned for the return of
these samples.
The result is that Chagnon and, to a lesser degree, Neel are now
held up as examples of how NOT to conduct field research. The
Yanomami feel
taken advantage of by both researchers. The Yanomami clearly
benefited from both individuals’ research. But they benefited in
ways they did not
always appreciate at the time and they vociferously criticize
today. Both researchers are depicted in less than positive terms,
sometimes
vehemently so, by the Yanomami.
REFERENCES
American Anthropological Association
2002 El Dorado Task Force Final Report. 2 vols. and preface.
Electronic document, (originally
http://www.aaanet.org/edtf/index.htm but now
dropped from the AAA website).
Borofsky, Robert et al.
2005 Yanomami: The Fierce Controversy and What We Can
Learn From It. Berkeley: University of California Press.
Chagnon, Napoleon.
1992 Yanomamö. Fourth Edition. Fort Worth: Harcourt Brace
College Publishers.
The assignment . . .
_____________________________________________________
__________________________
Please note, this assignment is more than simply an exercise in
critical thinking. It is also an exercise in civic engagement and
active citizenship. You are to set out how you think research
should be regulated in the United States and Canada and then, if
you
wish, you can forward your perspective to others..
You should address the following questions in writing your Op-
Ed:
Based on the information presented above in the five case
studies, you are to voice your view on how
Institutional Review Boards (in the U.S.) and/or Review Ethics
Boards (in Canada) should enforce a set of
common rules regarding research. How much freedom should
researchers be allowed in conducting their
research? What regulations should be enforced to prevent the
abuse of research subjects and ensure, more
generally, that the research strives to promote positive benefits
for the larger society sponsoring it?
Please remember, it is strongly preferred that you focus on the
above information and only the above information in
writing your Op-Ed. The emphasis is not on citing a host of
additional sources. Rather it is on thinking critically about the
information presented here. Also, offering a host of references
at the end of your essay, common in academic writing, is
rare in Op-Eds. You need not reference any and all sources. You
should use quote marks, for example, to indicate when
you directly quote a section (or sections) of this assignment.
But you need not include the reference itself since the
source is self-evident.You should only use references for direct
quotes from sources outside this assignment.
_____________________________________________________
____________________
2/5/15, 7:49 AMBackground
Page 7 of 8http://www.publicanthropology.org/CAW/General/-
background.htm
Guidelines for writing your Op-Ed
(or opinion piece).
These are standards that will be used to evaluate it.
EXAMPLES OF TWO QUALITY OP-EDS
Taking a Position: Does the opinion piece take a position that is
clearly expressed? The position may be a recommendation for
action or it may be to alert readers to a problem. The author
should make a single point well. You, as the reader, should be
able to
explain the author's message in a sentence or two. If a student
fails to address the specified topic-- that is, deals with another
topic entirely -- you should evaluate his or her Op-Ed with a 1-3
score for this criterion.
6-7: The opinion piece has an original, well-argued position.
The piece draws the reader into looking at the topic in a new
way or with new insight.
The reader can readily summarize what the author is saying and
why.
4-5: The opinion piece takes a thoughtful position. But the
supporting data appear a bit muddled. Readers are left with
questions: Why did the
author take this position? Why take this position rather than an
alternative one?
2-3: The piece leaves readers confused as to what point the
author is trying to make. The reader cannot readily summarize
the author's key point
or the data supporting the position seem not to really support it.
1: The paper lacks an identifiable point. Readers are left
confused as to what point the author is making and why.
Persuasive: Does the piece persuade the reader? A good piece
argues effectively for a particular position. Even though the
reader
may not ultimately agree with the author, the reader comes
away from the piece willing to seriously consider the author's
perspective. If a student fails to address the specified topic--
that is, deals with another topic entirely -- you should evaluate
his or
her Op-Ed with a 1-3 score for this criterion.
6-7: A reader comes away from reading the piece feeling the
author has effectively argued for a certain position. The author
uses concrete
examples that resonate with readers.
4-5: The opinion piece highlights an important topic. But it does
not really convince readers as to the value of the author's
position.
2-3: The opinion piece seems mostly a personal venting. The
author is not reaching out to readers or trying to connect with
them in a meaningful
way.
1: The piece is unconvincing. An unbiased reader, reading this
piece, would not find the piece very persuasive.
Hook and Structure: Does the opinion piece engage the reader
right at the beginning? Is there evidence of thoughtful
organization? Does the author summarize the main point at the
end?
6-7: The main point is effectively stated in the first few
sentences. These first few sentences capture the reader's
attention and draw the reader
into reading further. The author effectively summarizes the
piece's argument in a strong final paragraph.
4-5: Readers are not immediately drawn into the argument. But
they are not put off by it either. They find the piece reasonable
but a little slow
moving. It does not hold the reader's attention. The final
paragraph does not offer a powerful restatement of the author's
position.
2-3: The piece makes a basic point. But it does not catch your
attention. It does not draw you in at the beginning nor does it
summarize its
message at the end.
1: The author never draws the reader into the opinion piece. It is
not clear what the author is saying nor why it is important.
Writing and Clarity: Is the piece readily understandable by non-
academic readers? General readers should find the piece easy
and interesting to read. There should be few grammatical and
spelling errors.
6-7: The writing is clear. The author's own voice and
perspective come through in a convincing way. You can identify
with the author and the
position she or he takes. There are no grammatical mistakes that
distract from the author's argument.
4-5: The writing is reasonable. The sentences and paragraphs
are a bit too long or the passive voice is emphasized. There is a
bit too much
jargon.
2-3: The author tends to go on too long. It is not really clear
what point she or he is making. The author has long sentences
and paragraphs.
1: A reader is left confused as to what point the author is trying
to make.
Tone: Is the opinion piece polite and respectful? The focus is on
persuading the reader rather than voicing indignation or
condemnation.
6-7: The opinion piece is polite and respectful in tone. Rather
than dismissing the other side, it acknowledges its value while
disagreeing with it. It
comes across as written by a thoughtful professional versed in
the subject being discussed.
4-5: There is generally a polite tone. But the author does not
acknowledge that reasonable people might disagree regarding
the point being made.
The author asserts there is one reasonable position and she or he
is presenting it.
http://www.publicanthropology.org/CAW/General/-Op-Ed-
Examples.htm
2/5/15, 7:49 AMBackground
Page 8 of 8http://www.publicanthropology.org/CAW/General/-
background.htm
2-3: The piece comes across as quite opinionated. It appears the
author is "venting" about something that bothers her or him.
1: The piece is similar to a political "attack" ad. The author is
pouring at rage with little concern for who is reading the piece.
EXAMPLES OF TWO QUALITY OP-EDS
http://www.publicanthropology.org/CAW/General/-Op-Ed-
Examples.htm
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Emotion Review Vol. 3, No. 3 (July 2011) 290–292© The Au.docx

  • 1. Emotion Review Vol. 3, No. 3 (July 2011) 290–292 © The Author(s) 2011 ISSN 1754-0739 DOI: 10.1177/1754073911402370 er.sagepub.com Joint Evaluation as a Real-World Tool for Managing Emotional Assessments of Morality Max H. Bazerman Francesca Gino Lisa L. Shu Chia-Jung Tsay Harvard Business School, Harvard University, USA Abstract Moral problems often prompt emotional responses that invoke intuitive judgments of right and wrong. While emotions inform judg- ment across many domains, they can also lead to ethical failures that could be avoided by using a more deliberative, analytical decision-making process. In this article, we describe joint evaluation as an effective tool to help decision makers manage their emotional assessments of morality. Keywords emotions, joint evaluation, judgment, morality
  • 2. People often respond emotionally to moral problems. Sometimes, these emotional responses conflict with cognitive preferences. This article examines separate- versus joint-evaluation mode as a tool that can predict the conditions under which the emotional self overrides the cognitive self in moral judgment. When people think about one option at a time, as they do in separate evaluation mode, they are more likely to base their moral judg- ments on emotions than when they compare two or more options simultaneously in joint-evaluation mode (Ritov & Baron, in press). Because many decisions could benefit from increased cognition and control over the emotive self, it is important to understand how to effectively use joint decision- making procedures as a tool in the moral domain. Substantial evidence has documented preference reversals between what people choose in separate versus joint decision making (Bazerman & Moore, 2008). Bazerman, Tenbrunsel, and Wade-Benzoni (1998) suggest that many of these prefer- ence reversals are explained by the internal conflict between what one emotively wants to do versus what one cognitively thinks one should do. Consistent with the affect heuristic (Slovic, Finucane, Peters, & MacGregor, 2002), people favor the more emotively appealing option (the “want option”) when considering only one option at a time, and favor reason-based decision making (the “should” option) when considering two or more options simultaneously. Prior research has examined the influence of joint and separate decision making by examining whether people pay attention to their own outcomes or to comparisons with others’. Bazerman, Schroth, Shah, Diekmann, and Tenbrunsel (1994) asked Kellogg MBA students whether they would accept job offers from a consulting firm when facing deadlines. The researchers manipulated whether students were presented with one or two job offers at a time. The job descriptions included
  • 3. the following information: Job A: The offer is from Company 4 for $75,000 a year. It is widely known that this firm pays all starting MBAs from top schools $75,000 a year. Job B: The offer is from Company 9 for $85,000 a year. It is widely known that this firm is paying some other graduating Kellogg students $95,000 a year. As these descriptions show, Job A pays less than Job B, but Job B is more likely to evoke an emotional reaction because it raises the moral issue of the firm paying others more than the target student. The study results demonstrated that MBA students who were presented with only one job offer were more likely to accept Job A, the more emotionally appealing option. In contrast, students who were presented with both job offers simul- taneously were more likely to accept Job B. The opportunity to Corresponding author: Max H. Bazerman, Harvard Business School, Harvard University, Baker Library 453, Soldiers Field Road, Boston, MA 02163, USA. Email: [email protected] Bazerman et al. Joint Evaluation and Assessment of Morality 291 compare the offers allowed students to make decisions more consistent with their best interests.
  • 4. In another study, Paharia, Kassam, Greene, and Bazerman (2009) explored the degree to which emotions influence judg- ments of price gouging. The study was motivated by the 2005 news that pharmaceutical giant Merck had sold the rights to two of its relatively unprofitable cancer drugs to a smaller and lesser known company, Ovation Pharmaceuticals. Ovation then raised the price of the drugs by 1,000%, although Merck con- tinued to manufacture the drugs. The price hike generated little outrage, probably due in part to Ovation’s low public profile. In contrast, had Merck raised the price of the drugs directly, observers likely would have responded to the news in a more negative manner. Paharia et al. (2009) designed a study that compared the difference between raising prices directly versus indirectly. All study participants read: A major pharmaceutical company, X, had a cancer drug that was mini- mally profitable. The fixed costs were high and the market was limited. But, the patients who used the drug really needed it. The pharmaceutical was making the drug for $2.50/pill (all costs included), and was only selling it for $3/pill. Then, one group of participants assessed the ethicality of the following action: A: The major pharmaceutical firm (X) raised the price of the drug from $3/pill to $9/pill. A second group assessed the ethicality of a different course of action:
  • 5. B: The major pharmaceutical firm (X) sold the rights to a smaller phar- maceutical. In order to recoup costs, company Y increased the price of the drug to $15/pill. The results showed that participants who read Action A judged the behavior of company X more harshly than those who read Action B, despite the smaller negative impact of Action A on patients. In addition, Paharia et al. (2009) presented a third group of participants with both possible actions simultaneously and asked them to judge which was more unethical. In this case, preferences reversed. When participants could compare the two scenarios, they judged Action B to be more unethical than Action A. Here again, a joint-evaluation format reduced the influence of emotional responses on moral judgments. More recently, Gino, Moore, and Bazerman (2010) used the distinction between separate and joint evaluation to examine the effect of the outcome bias—the tendency to judge the qual- ity of others’ decisions based on results rather than on their decision-making process—on judgments with ethical implica- tions (see also Gino, Shu, & Bazerman, 2010). Participants in Gino et al.’s (2010) study read a scenario describing the case of a patient suffering from pain who had been advised by his doc- tor to simply rest. The scenario stressed that the doctor’s advice was contrary to practice guidelines but saved the doctor money and time. In the “separate evaluation/bad outcome” condition, the scenario description ended as follows: Sam’s symptoms worsen over time and after only a couple of weeks, Sam is in need of back surgery, which will very likely result in long-term effects such as pain and loss of mobility.
  • 6. In contrast, in the “separate evaluation/good outcome” condi- tion, the ending read: Sam’s symptoms improve over time and after only a couple of weeks, the pain completely disappears. Both groups of participants rated the ethicality of the doctor’s actions. As expected, the emotions resulting from the combina- tion of an unethical decision with a bad outcome led partici- pants to rate the doctor’s behavior as more unethical than when a good outcome resulted. Parallel to prior studies, the researchers included a third condition in which participants read both sce- narios and judged the ethicality of the doctor’s actions. In this joint-evaluation condition, participants’ judgments were less swayed by positive or negative outcome information, and 65% of the participants rated the scenarios as equally unethical. Implications The empirical evidence discussed in this article is consistent with research showing that emotions play too strong a role in separate decision making. In fact, Ritov and Baron (in press) show that emotional responses are stronger when assessing options sepa- rately than when assessing problems jointly. The evidence we have described suggests that decision makers should consider evaluating options jointly when assessing morality or making moral judgments. This is consistent with the long-standing advice in the decision literature to consider all available alternatives when making decisions (Raiffa, 1968). In addition, research shows that if people consider a decision well in advance or in retrospect, they express greater support for the decisions
  • 7. resulting from the joint format (O’Connor et al., 2002). We believe that both emotion and cognition add value to moral decision making. But when they are in conflict, normative decision criteria (Bazerman & Moore, 2008), predecision prefer- ences (O’Connor et al., 2002), and retrospective assessments (O’Connor et al., 2002) all suggest that we would better meet our underlying moral and ethical values by applying joint evalu- ation to our moral judgments. And, when making decisions with moral implications, we should avoid the common real-world default to assess options sequentially as they develop. References Bazerman, M. H., & Moore, D. A. (2008). Judgment in managerial decision making (7th ed.). New York, NY: Wiley. Bazerman, M. H., Schroth, H. A., Shah, P. P., Diekmann, K. A., & Tenbrunsel, A. E. (1994). The inconsistent role of social comparison and procedural justice in reactions to hypothetical job descriptions: 292 Emotion Review Vol. 3 No. 3 Implications for job acceptance decisions. Organizational Behavior and Human Decision Processes, 60, 326–352. Bazerman, M. H., Tenbrunsel, A. E., & Wade-Benzoni, K. A.
  • 8. (1998). What I want to do versus what I should do: A theoretical explanation for preference reversals. Academy of Management Review, 23, 225–241. Gino, F., Moore, D. A., & Bazerman, M. H. (2010). No harm, no foul: The outcome bias in ethical judgments. Working article, Harvard Business School. Gino, F., Shu, L. L., & Bazerman, M. H. (2010). Nameless + harmless = blameless: When seemingly irrelevant factors influence judgment of (un)ethical behavior. Organizational Behavior and Human Decision Processes, 111, 102–115. O’Connor, K. M., De Dreu, C. K. W., Schroth, H., Barry, B., Lituchy, T. R., & Bazerman, M. H. (2002). What we want to do versus what we think we should do: An empirical investigation of intrapersonal conflict. Journal of Behavioral Decision Making, 15, 403–418. Paharia, N., Kassam, K. S., Greene, J. D., & Bazerman, M. H. (2009). Dirty work, clean hands:. The moral psychology of indirect agency. Organizational Behavior and Human Decision Processes, 109, 134–141.
  • 9. Raiffa, H. (1968). Decision analysis. Reading, MA: Addison- Wesley. Ritov, I., & Baron, J. (in press). Joint presentation reduces the effect of emotion on evaluation of public actions. Cognition & Emotion. Slovic, P., Finucane, M. L., Peters, E., & MacGregor, D. G. (2002). The affect heuristic. In T. Gilovich, D. Griffin & D. Kahneman (Eds.), Intuitive judgment: Heuristics and biases (pp. 397–420). New York, NY: Cambridge University Press. 2/5/15, 7:49 AMBackground Page 1 of 8http://www.publicanthropology.org/CAW/General/- background.htm OP-ED TOPIC FOR 2015 SPRING Introduction. . . _____________________________________________________ __________________________ Public Anthropology’s Community Action Website Project helps to provide students with key skills they need to be successful in their future careers: critical thinking, effective communication, and active citizenship. The Project encourages (1) critical
  • 10. thinking regarding an ethical issue, (2) a sharing of ideas among students from different universities, (3) improved writing skills, and (4) active citizenship – a sense that students working together can facilitate change. Let's begin. . . _____________________________________________________ __________________________ THE ISSUE The rules for regulating research are regularly updated. The U. S. Department of Health and Human Services, for example, is presently trying to complete a new set of regulations (see e.g. http://chronicle.com/article/Overhaul-of-Rules-for- Human/137811/). After reading the material below, you will be asked to address in your Op-Ed (or opinion piece) two questions regarding how much, or how little, governmental regulation of research is appropriate. Good luck. There are four steps to this skill development process: (1) READ: You should carefully read the background material to gain an idea of the issue you will be writing about. If you rush through the material, you will probably do poorly -- grade wise -- on this writing assignment. (2) DECIDE: You will then take a stand on the issue discussed and, critically, develop an effective argument in support of your position.
  • 11. (3) PREPARE: Before you write your Op-Ed (or opinion) piece, you should carefully look at the criteria others will use in evaluating your piece (see below) as well as examples of model Op-Eds from leading North American newspapers. These should provide a sense of how to frame and phrase your own Op-Ed. (4) WRITE: You should write your Op-Ed in a word processing program – such as WORD – and cut and paste your Op-Ed into the space provided on the website. RELATION TO READING: Why a Public Anthropology? Why a Public Anthropology? begins with the sentence: "Cultural Anthropology has the potential to change the world." The first chapter highlights three anthropologists who actively addressed important social concerns -- Franz Boas, Margaret Mead, and Paul Farmer. The second chapter then describes in some detail cultural anthropology's potential for addressing a range of problems. But how does one proceed in an ethically positive way in addressing these problems, in trying to bring change? In sections 1.6, 1.7, and 1.8, the book asks whether cultural anthropology should move beyond its current ethical stance of "do no harm" to a more positive stance of "doing good." These sections emphasize that "do no harm," when looked at closely, is an ethically ambiguous position. There are several cases where anthropologists, while in principle not desiring to do harm, in fact do considerable harm. And there are cases where national governments, in seeking to avoid ethical abuses, over-
  • 12. regulate research. In strictly regulating research, these governments limit the researcher's ability to do good, thereby causing harm in a different way. In this assignment, you need to consider how research should best proceed for the good of all. How much regulation should there be to avoid harming research subjects? And how much freedom should there be so that researchers can produce results that help others? BACKGROUND INFORMATION In writing your Op-Ed, you are strongly encouraged to ONLY use the information provided below (especially the five case studies). Yes, there are lots of links in the following materials. But they are mainly provided so you appreciate the statements being made are well documented. Writing your Op-Ed is primarily an exercise in critical thinking, not in collecting data from the web to support this or that position. Given the information as reliable as we can make it – given the demands of this assignment – what do you view as a reasonable stance? How do you reason with the information provided to a thoughtful position regarding freedom versus regulation in research? A BIT OF HISTORY: THE BELMONT REPORT (see http://www.hhs.gov/ohrp/policy/belmont.html, http://en.wikipedia.org/wiki/Belmont_report) of 1979 constitutes
  • 13. http://chronicle.com/article/Overhaul-of-Rules-for- Human/137811/ http://www.hhs.gov/ohrp/policy/belmont.html http://en.wikipedia.org/wiki/Belmont_report 2/5/15, 7:49 AMBackground Page 2 of 8http://www.publicanthropology.org/CAW/General/- background.htm THE BELMONT REPORT (see http://www.hhs.gov/ohrp/policy/belmont.html, http://en.wikipedia.org/wiki/Belmont_report) of 1979 constitutes the foundation for regulating research across all parts of the United States government. Quoting from the report itself: On July 12, 1974, the National Research Act (Pub. L. 93-348) was signed into law, there-by creating the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. One of the charges to the Commission was to identify the basic ethical principles that should underlie the conduct of biomedical and behavioral research involving human subjects and to develop guidelines which should be followed to assure that such research is conducted in accordance with those principles The report emphasized three basic ethical principles: 1. “Respect for Persons. -- Respect for persons incorporates at least two ethical convictions: first, that individuals should be treated as autonomous agents, and second, that persons with diminished
  • 14. autonomy are entitled to protection.” 2. “Beneficence. -- Persons are treated in an ethical manner not only by respecting their decisions and protecting them from harm, but also by making efforts to secure their well-being. . . . Two general rules have been formulated as complementary expressions of beneficent actions . . .: (1) do not harm and (2) maximize possible benefits and minimize possible harms. 3. “Justice. -- Who ought to receive the benefits of research and [who should] bear its burdens? . . . the exploitation of unwilling prisoners as research subjects in Nazi concentration camps was condemned as a particularly flagrant injustice. In this country, in the 1940's, the Tuskegee syphilis study used disadvantaged, rural black men to study the untreated course of a disease that is by no means confined to that population. These subjects were deprived of demonstrably effective treatment in order not to interrupt the project, long after such treatment became generally available. THE COMMON RULE “In 1991, 14 other Federal departments and agencies joined HHS in adopting a uniform set of rules for the protection of human subjects . . . This uniform set of regulations is the Federal Policy for the Protection of Human Subjects, informally known as the ‘Common Rule’.” To insure these regulations are followed the Department or Health, Education, and Welfare, now Department of Health and Human Services, established the Office for Human Research Protections (OHRP) (see http://www.hhs.gov/ohrp/humansubjects/commonrule/index.htm l http://ori.hhs.gov/education/products/ucla/chapter2/page04b.ht
  • 15. m ). INSTITUTIONAL REVIEW BROADS (IRBs): “The Office of Human Research Protections [OHRP] supervises the Institutional Review Boards charged with following the common rule.” Initially, IRBs only covered federally funded research. But over time, universities extended the jurisdiction of their IRBs to cover all faculty research (whether or not it was funded by the government). “The IRB has the authority to approve, require modifications in, or disapprove all research activities that fall within its jurisdiction as specified by both the federal regulations and local institutional policy.” (http://www.hhs.gov/ohrp/archive/irb/irb_chapter1.htm). According to the Code of Federal Regulations §46.111, the Criteria for IRB approval of research states http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html #46.111 ). “In order to approve research . . . the IRB shall determine that all of the following requirements are satisfied: (1) Risks to subjects are minimized: . . . (2) Risks to subjects are reasonable in relation to anticipated benefits. . . (3) Selection of subjects is equitable [“in a clinical investigation of a new drug intended for general use, the researcher should recruit a more or less representative sample of the population” , http://flpublichealthethics.net/index.php/eng/help_for_committe e_members_and_staff/is_selection_of_subjects_equitable
  • 16. ] [“The selection process needs to be scrutinized in order to determine whether some classes (e.g. welfare patients. . .) are being systematically selected simply because of their easy availability, their compromised position, or their manipulability, rather than for reasons directly related to the problem being studied” http://research.uthscsa.edu/irb/selection.shtml ) (4) Informed consent will be sought from each prospective subject [Informed consent involves gaining the research subject’s permission to conduct research involving that subject. “The principle of respect for persons demands that subjects' decisions whether to become involved in research must be voluntary and informed” http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html #46.116] (5) Informed consent will be appropriately documented . . . (6) When appropriate, the research plan makes adequate provision for monitoring the data collected to ensure the safety of subjects. (7) When appropriate, there are adequate provisions to protect the privacy of subjects and to maintain the confidentiality of data. THE CANADIAN RESEARCH ETHICS BOARD'S (REB'S) regulations were updated in 2010. The policy statement affirms: “Respect for human dignity has been an underlying value of the Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans . . . since its
  • 17. inception. “ It continues “Respect for human dignity requires that research involving humans be conducted in a manner that is sensitive to the inherent worth of all human beings and the respect and consideration that theyare due. In this Policy, respect for human dignity is expressed through three core principles – Respect for Persons, Concern for Welfare, and Justice.”It continues “Respect for Persons recognizes the intrinsic value of human beings and the respect and consideration that they are due. . . . An important mechanism for respecting participants’ autonomy in research is the requirement to seek their free, informed and ongoing consent. This requirement reflects the commitment that participation in research . . . should be a matter of choice and that, to be meaningful, the choice http://www.hhs.gov/ohrp/policy/belmont.html http://en.wikipedia.org/wiki/Belmont_report http://www.hhs.gov/ohrp/humansubjects/commonrule/index.htm l http://ori.hhs.gov/education/products/ucla/chapter2/page04b.ht m http://www.hhs.gov/ohrp/archive/irb/irb_chapter1.htm http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html #46.111 http://flpublichealthethics.net/index.php/eng/help_for_committe e_members_and_staff/is_selection_of_subjects_equitable http://research.uthscsa.edu/irb/selection.shtml http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.html #46.116 2/5/15, 7:49 AMBackground
  • 18. Page 3 of 8http://www.publicanthropology.org/CAW/General/- background.htm This requirement reflects the commitment that participation in research . . . should be a matter of choice and that, to be meaningful, the choice must be informed. An informed choice is one that is based on as complete an understanding as is reasonably possible of the purpose of the research, what it entails, and its foreseeable risks and potential benefits, both to the participant and to others. . . . Concern for Welfare means that researchers and REBs should aim to protect the welfare of participants, and, in some circumstances, to promote that welfare in view of any foreseeable risks associated with the research. . . . Justice refers to the obligation to treat people fairly and equitably. Fairness entails treating all people with equal respect and concern” (Tri-Council Policy Statement "Ethical Conduct for Research Involving Humans" (http://www.pre.ethics.gc.ca/pdf/eng/tcps2/TCPS_2_FINAL_We b.pdf ). REASONING WITH FIVE KEY CASES Rather than overwhelming you with piles of information, you are being asked to think carefully about the following five case studies. Two focus on the need for research regulation to prevent abuse. Two question whether the way regulations are now enforced is overly bureaucratic and unreasonable. Obviously, there is no “right” answer. But you are requested to think critically about the following five case studies and come to your own reasoned conclusion.
  • 19. CASE ONE: THE GUATEMALA SYPHILIS EXPERIMENT SOURCE: Wikipedia, the free encyclopedia The syphilis experiments in Guatemala were United States-led human experiments conducted in Guatemala from 1946 to 1948, during the administration of President Truman and President Juan José Arévalo with the cooperation of some Guatemalan health ministries and officials. Doctors infected soldiers, prostitutes, prisoners and mental patients with syphilis and other sexually transmitted diseases, without the informed consent of the subjects, and treated most subjects with antibiotics. This resulted in at least 83 deaths. In October 2010, the U.S. formally apologized to Guatemala for conducting these experiments. Experiments The experiments were led by United States Public Health Service physician John Charles Cutler, who later took part in the late stages of the Tuskegee syphilis experiment. In archived documents, Dr. Thomas Parran, Jr., the U.S. Surgeon General at the time of the experiments, acknowledged that the Guatemalan work could not be done domestically, and details were hidden from Guatemalan officials. . . . A total of about 1500 study subjects were involved although the findings were never published. . . . While the Tuskegee experiment followed the natural progression of syphilis in those already infected, in Guatemala doctors deliberately infected
  • 20. healthy people with the diseases some of which are fatal if untreated. The goal of the study seems to have been to determine the effect of penicillin in the prevention and treatment of venereal diseases. The researchers paid prostitutes infected with syphilis to have sex with prisoners and some subjects were infected by directly inoculating them with the bacterium. When the subjects contracted the disease they were given antibiotics, although adequate penicillin therapy was prescribed for 76% of subjects, completion of therapy was documented for only 26%. Francis Collins, the current Director of National Institutes of Health, called the experiments "a dark chapter in history of medicine" and commented that modern rules absolutely prohibit conducting human subject research without informed consent. . . . Apology and Response In October 2010, the U.S. government formally apologized and announced that there was no statute of limitations for the violation of human rights in that medical research. . . . President Barack Obama apologized to President Álvaro Colom, who had called these experiments "a crime against humanity". "It is clear from the language of the report that the U.S. researchers understood the profoundly unethical nature of the study. In fact the Guatemalan syphilis study was being carried out just as the “Doctors’ Trial” was unfolding at Nuremberg (December 1946 – August 1947), when 23 German physicians stood trial for participating in Nazi programs to euthanize or medically experiment on
  • 21. concentration camp prisoners." The U.S. government asked the Institute of Medicine to conduct a review of these experiments. Separately, the Presidential Commission for the Study of Bioethical Issues was asked to convene a panel of international experts to review the current state of medical research on humans around the world and ensure that such incidents cannot be repeated. The Commission report, Ethically Impossible: STD Research in Guatemala from 1946 to 1948, published in September 2011, concluded that "the Guatemala experiments involved unconscionable basic violations of ethics, even as judged against the researchers' own recognition of the requirements of the medical ethics of the day." CASE TWO: STUDYING OLD BONES — PRESERVATION OR PERVERSION? SOURCE: TheStar.com, October 09, 2011 by Mary Ormsby A cross-border battle is brewing over 500-year-old bones belonging to some of Ontario’s original inhabitants — a case descendents describe as academic grave robbing. The Huron-Wendat Nation is demanding that Louisiana State University return the “stolen” remains of about 200 people. They say researchers improperly gathered the bones from an Ontario ossuary to use for unauthorized student research. . . . The unusual dispute raises questions about the best way for academics to be culturally sensitive — particularly when studying human remains —
  • 22. in a CSI generation that considers bones a DNA treasure trove of clues to scientific, historic, medical and, sometimes, criminal puzzles. Bastien, 79, is a Wendake Council representative who has been active in asserting Huron-Wendat rights in Ontario. Some of those rights, outlined in a series of Supreme Court of Canada decisions, mean First Nations people must be consulted before development begins in historic areas that might reveal burial grounds. If Huron-Wendat burial ossuaries (mass bone repositories) are accidentally disturbed . . . the nation must be notified http://www.pre.ethics.gc.ca/pdf/eng/tcps2/TCPS_2_FINAL_Web .pdf 2/5/15, 7:49 AMBackground Page 4 of 8http://www.publicanthropology.org/CAW/General/- background.htm might reveal burial grounds. If Huron-Wendat burial ossuaries (mass bone repositories) are accidentally disturbed . . . the nation must be notified immediately. . . . Archaeologist Heather McKillop is the LSU professor who oversaw the excavation and eventual export of bones from the Poole-Rose ossuary near Cobourg to Baton Rouge, La., where she teaches. She was given permission to do so by the native community geographically closest to the ossuary, the Alderville First Nation, which is not Huron- Wendat. . . . . McKillop and co-author Lawrence Jackson
  • 23. described the Poole-Rose ossuary as fitting the Huron’s centuries-old Feast of the Dead burial-pit pattern in their 1991 report in the Ontario Archeological Society’s newsletter. . . . Helen Robbins, a social anthropologist and repatriation director at the Chicago Field Museum, said a scientific middle ground might be reached more often if academics and indigenous people were more “open and honest” with each other. “ There can be benefits with indigenous people getting more access to museums, learning about museums as well as museums learning more about the tribe they have the human remains of — and may have been sitting there for 100 years,’’ says Robbins, who has no connection to the Huron-Wendat /LSU matter. Prior to European contact, the Huron-Wendat population swelled to about 40,000. They lived in an area from the southern horn of Georgian Bay to the northerly shore of Lake Ontario, and from west of Toronto to Cornwall and Prescott in the east. Diseases brought by white settlers, including smallpox, devastated the once-mighty confederacy in the 17th century. A group of native survivors eventually migrated to Quebec in the mid- 1600s, in part to escape conflict with other nations. Today, Bastien said there are 3,000 Huron-Wendat in Canada and about 6,000 in the United States. The Poole-Rose ossuary was carbon dated to about 1550. . . . For remains deemed very old and aboriginal, there are two choices under the Ontario Cemeteries Act: One is to contact the closest First Nations group, which in this case was the Alderville First
  • 24. Nation. The second option is to consult with the most likely people descended from the dead. Alderville’s then-chief Nora Bothwell and her council gave McKillop permission to excavate, export and study the remains. Bothwell told the Star the bones were expected to be repatriated and that she hadn’t initially known the skeletons were Huron-Wendat. But McKillop “was likely aware at that time, or ought to have been aware, that the skeletons were ancestral Huron-Wendat,” claims a Sept. 16 letter sent to McKillop, LSU chancellor Michael Martin and provincial Tourism and Culture Minister Michael Chan. It was sent by Toronto lawyer David Donnelly, who represents the Quebec-based nation. . . . “The fact is that for sensitive cultural heritage matters, the Ontario Cemeteries Act still treats aboriginal nations as being all alike. A statute that literally says talking to the closest Indian will do is despicable and illegal.” Bastien hopes LSU officials will deliver the ancestral bones to Canada so they — and restless Huron souls — can be “returned to the earth” with a calming traditional ritual. A smudging ceremony with tobacco and sage will be performed by elders. Remains are then interred with beaver pelts, artifacts and “the three sisters” — corn, beans and squash. . . . The Huron-Wendat believe buried bones are sacred because a person’s soul rests with the remains, while a second soul soars skyward. CASE THREE: THE IRB AND THE FUTURE OF FIELDWORK
  • 25. SOURCE: Chronicle Of Higher Education, August 12, 2011 by Laurie Essig (http://chronicle.com/blogs/brainstorm/the-irb-and-the-future- of-fieldwork/38160 ) Institutional Review Boards exist, according to their websites, to protect research subjects from unethical researchers, the kind of researchers who would recreate prison situations to see how nasty humans could be to total strangers or would tell their subjects that they had to administer electric shocks to a stranger with heart disease just to see if they’d do it. . . . But as any field researcher—that is, the kind of researcher who actually speaks with people (as opposed to experiments on them)—will tell you, IRBs have effectively shut down our ability to actually find out about people’s lived experiences. IRBs have treated speaking with someone as equivalent to experimenting on them and have almost killed fieldwork in the process. A friend, who used to interview prisoners, gave it up since prisoners are “vulnerable populations” and getting IRB approval is far more difficult than getting through the prison doors. Another acquaintance who used to research sexuality among young people has had to give it up since if there’s one thing you canNOT speak with people under 18 about it’s sex. I myself have had a few run-ins with IRBs. One time I was called in because I had interviewed people who identified as transgendered and did not treat these people as a “vulnerable
  • 26. population,” which includes prisoners, terminally ill persons, children, people with mental illness, and pregnant women. . . . “These people have issues with their gender,” she yelled. When I suggested that from a sociological perspective, we all have issues with our gender, even the most normatively gendered among us, she told me I could come up with a plan for dealing with “those people’s mental illness” or forget my project. A year later, at a different institution, I was told that I had to get cosmetic surgery patients to sign permission slips to speak with me even though the interviews would be anonymous and details would be changed in such a way as to protect everyone’s identity. You can imagine what this was like. “Hi, may I ask you intimate questions about what you hate about your body, what heroic medical interventions you will undergo, and how you’ll finance it?” “Um, sure, I guess.” “Can you sign this legalistic looking form with your real name even though I just promised you that I will never use it?” http://chronicle.com/blogs/brainstorm/the-irb-and-the-future-of- fieldwork/38160 2/5/15, 7:49 AMBackground
  • 27. Page 5 of 8http://www.publicanthropology.org/CAW/General/- background.htm “Can you sign this legalistic looking form with your real name even though I just promised you that I will never use it?” People love it when you offer them anonymity and then ask for a signature. Really makes them want to open up to you. But as annoying as this sort of bureaucratic bookkeeping is, and as frustrating as it is to realize that it’s probably more about making sure the university isn’t sued than protecting those people who are kind enough to speak with field researchers, it is even more upsetting that biomedical and psychiatric paradigms are forced onto those of us who come from fields, like sociology, that are fundamentally at odds with such paradigms. As a sociologist, the last thing I want to do is decide who is mentally ill and who is mentally healthy. The sociological questions are far more likely to be “How do cultures determine who is and is not mentally ill?” and “What forms of power lie behind those determinations?”s CASE FOUR: BEHIND CLOSED DOORS SOURCE: INSIDE HIGHER EDUCATION, February 8, 2012 By Mitch Smith Many researchers level complaints against institutional review boards (IRBs), which can delay or derail projects their members deem unethical, unrealistic or illegal. Seeking to understand how the boards work . . . Laura Stark, sat through hours of deliberations at boards across the country.
  • 28. Behind Closed Doors: IRBs and the Making of Ethical Research, published this year by the University of Chicago Press, explains through observation and interviews how and why IRBs function the way they do. Stark agreed to answer a few questions from Inside Higher Ed. . . . Q: You mention that something as simple as spelling errors – one applicant’s incorrect use of “principal” drew the ire of an IRB member – can speak to the competency of the researcher and play a role in a project’s approval or denial. Is that fair? A: I think the real question is whether “fairness” should be the most important criteria that committees use in evaluating applications -- whether for grant funding, college admissions, or IRB approval. It would seem that fairness is not the only criteria used in IRB evaluations. In focusing on written errors, board members are looking for signs that researchers are trustworthy, careful people who aren’t going to make a mistake in their studies (e.g., giving incorrect dosages or passing too much responsibility to students). As I argue in the book, the seemingly disproportionate concern over typos and written mistakes in applications is not a matter of fairness, but of trustworthiness. Is that a criterion worth considering? If so, is attention to detail in written documents a good way to evaluate trustworthiness? For that matter, should researchers be evaluated at all, or simply the studies being proposed? These are questions for the scientific and scholarly community to answer. Q: Your hypothetical proposal in which companies would be tested on whether they screen ex-convicts based on race
  • 29. received “very different” responses from each of the 18 IRBs that reviewed it. Is some level of inconsistency inevitable between IRBs and to what degree is it acceptable? A: This finding goes to show the many ways in which IRB administrators and members can interpret the rules. In Chapter Two I explore Devah Pager’s experiences in getting approval at several IRBs for her excellent work on employment discrimination. Pager’s account illustrates that when IRB members read new protocols, they conjure their local institutional history and use case-based reasoning to make decisions. The main aims of the book are to document how our everyday experience of the law is simply a product of how people enact the law and, specifically, how people with the power to apply rules that affect science and scholarship are, in effect, shaping what we can know and say for both good and ill -- whether we are considering IRBs or film censorship boards. CASE FIVE: THE YANOMAMI – When Good Intentions Are Not Enough SOURCE: Robert Borofsky (drawn from Yanomami: The Fierce Controversy and What We Can Learn From It and references cited below) The Yanomami are perhaps the best-known Amazonian Indian group in the world. They are often portrayed in books and films, not necessarily correctly, as one of the world's last remaining prototypically
  • 30. primitive groups. James Neel, perceived by some as the father of modern human genetics, began his research among the Yanomami in 1966. One may infer from his actions and writings that he felt research among the Yanomami – specifically collecting their blood samples for analysis – involved also providing them something in return for their assistance. When Neel learned the Yanomami were susceptible to measles, for example, he brought over 2,000 doses of the Edmonson B vaccine (that he obtained at minimal cost from the Center for Disease Control) to vaccinate the group against a potential deadly measles epidemic. Half of this supply he gave to the Venezuelan government to distribute. (What happened to that vaccine is not known.) He planned to hand the rest over to missionaries for an inoculation campaign. But when a measles epidemic unexpectedly broke out, he scrapped this plan and began a vaccination campaign himself to minimize the epidemics’ impact. He was only partially successful. He inoculated many Yanomami. A number, however, had adverse reactions to the vaccine because he failed to include immune gamma globulin (MIG). (He had given much of his gamma globulin to the Venezuelan authorities.) Regretfully, a number of Yanomami died. Some praised Neel’s attempt to save Yanomami lives. Others have suggested that he helped spread the epidemic through his research or at least aggravated the problem by using the Edmonson B vaccine, without immune gamma globulin. If he had purchased a more expensive measles vaccine, the Yanomami would have had fewer adverse reactions.
  • 31. Today, the Yanomami rarely mention Neel’s assistance. What is clear is that the Yanomami were barely consulted regarding Neel’s research. Neel decided to do his research without first gaining Yanomami permission. And he decided, on his own, what the reciprocal benefits of his research would be. The Yanomami were promised that Neel’s blood samples would be analyzed to discover information helpful in fighting Yanomami diseases. That promise was never kept. Moreover, Napoleon Chagnon – the anthropologist who was central to Neel’s research – apparently never informed the Yanomami that the blood samples would be stored for years in research refrigerators in the United States rather destroyed soon after the research was over. Yanomami believe that all parts of a deceased Yanomami must be ritually disposed of so the deceased can spiritually leave this world. Forcing the deceased to spiritually remain in this world – as would occur by storing their blood in research refrigerators – could cause the deceased to turn on the living and bring them harm. In his own anthropological research, Chagnon provided informants with a host of valued items—such as machetes, pots and even guns for 2/5/15, 7:49 AMBackground Page 6 of 8http://www.publicanthropology.org/CAW/General/- background.htm
  • 32. In his own anthropological research, Chagnon provided informants with a host of valued items—such as machetes, pots and even guns for hunting. Chagnon speaks movingly of his time with the Yanomami. By repetitively returning and becoming more and more intimately associated with people like Kaobawä and Rerebawä [two of his informants], I became "involved" in their culture and now want to make sure that they and their children are given a fair shake in the inevitable changes that are occurring. I can do so only by becoming, as they say, involved—by becoming more active and becoming an advocate of their rights and their chances to have a decent future, one that does not condemn them to becoming inferior members of the lowest possible rung of the socioeconomic ladder (Borofsky 2005:27; Chagnon 1992:244-46). Yet it is also true that during his research, Chagnon broke the American Anthropological Association’s Code of Ethics. Quoting from the Association’s El Dorado Task Force Report, in respect to the allegations it investigated against Changon: "first, allegations that his representations of Yanomami ways of life were damaging to them and that he made insufficient effort to undo this damage, and second that his association in the early 1990's with FUNDAFACI, a Venezuelan foundation that sponsored his research, represented an unethical prioritizing of his own research concerns over the well-being of the Yanomami. We concur with both these allegations" (Borofsky 2005:308; American
  • 33. Anthropological Association 2002, I:31). The first violated the anthropological injunction against do no harm. The second violated Venezuelan law and led to Chagnon’s deportation from Venezuela. Beyond doubt, both Neel and Chagnon wanted to provide the Yanomami with reciprocal benefits for the assistance the Yanomami provided them. Both clearly wanted to do well by the group. But in both cases, helping the Yanomami often involved the researchers specifying the requests as well as the benefits for assisting in their research. The Yanomami were not active negotiators in this process. There was no informed consent. They were lied to in respect to receiving back medical information from the blood samples to help in fighting Yanomami diseases. It also seems they were misled regarding the fate of the blood samples. Certainly when the Yanomami discovered that these blood samples were being stored in research refrigerators, there was an uproar that continues today. The Yanomami have vociferously campaigned for the return of these samples. The result is that Chagnon and, to a lesser degree, Neel are now held up as examples of how NOT to conduct field research. The Yanomami feel taken advantage of by both researchers. The Yanomami clearly benefited from both individuals’ research. But they benefited in ways they did not always appreciate at the time and they vociferously criticize today. Both researchers are depicted in less than positive terms, sometimes vehemently so, by the Yanomami.
  • 34. REFERENCES American Anthropological Association 2002 El Dorado Task Force Final Report. 2 vols. and preface. Electronic document, (originally http://www.aaanet.org/edtf/index.htm but now dropped from the AAA website). Borofsky, Robert et al. 2005 Yanomami: The Fierce Controversy and What We Can Learn From It. Berkeley: University of California Press. Chagnon, Napoleon. 1992 Yanomamö. Fourth Edition. Fort Worth: Harcourt Brace College Publishers. The assignment . . . _____________________________________________________ __________________________ Please note, this assignment is more than simply an exercise in critical thinking. It is also an exercise in civic engagement and active citizenship. You are to set out how you think research should be regulated in the United States and Canada and then, if you wish, you can forward your perspective to others.. You should address the following questions in writing your Op- Ed: Based on the information presented above in the five case studies, you are to voice your view on how Institutional Review Boards (in the U.S.) and/or Review Ethics Boards (in Canada) should enforce a set of common rules regarding research. How much freedom should
  • 35. researchers be allowed in conducting their research? What regulations should be enforced to prevent the abuse of research subjects and ensure, more generally, that the research strives to promote positive benefits for the larger society sponsoring it? Please remember, it is strongly preferred that you focus on the above information and only the above information in writing your Op-Ed. The emphasis is not on citing a host of additional sources. Rather it is on thinking critically about the information presented here. Also, offering a host of references at the end of your essay, common in academic writing, is rare in Op-Eds. You need not reference any and all sources. You should use quote marks, for example, to indicate when you directly quote a section (or sections) of this assignment. But you need not include the reference itself since the source is self-evident.You should only use references for direct quotes from sources outside this assignment. _____________________________________________________ ____________________ 2/5/15, 7:49 AMBackground Page 7 of 8http://www.publicanthropology.org/CAW/General/- background.htm Guidelines for writing your Op-Ed (or opinion piece). These are standards that will be used to evaluate it.
  • 36. EXAMPLES OF TWO QUALITY OP-EDS Taking a Position: Does the opinion piece take a position that is clearly expressed? The position may be a recommendation for action or it may be to alert readers to a problem. The author should make a single point well. You, as the reader, should be able to explain the author's message in a sentence or two. If a student fails to address the specified topic-- that is, deals with another topic entirely -- you should evaluate his or her Op-Ed with a 1-3 score for this criterion. 6-7: The opinion piece has an original, well-argued position. The piece draws the reader into looking at the topic in a new way or with new insight. The reader can readily summarize what the author is saying and why. 4-5: The opinion piece takes a thoughtful position. But the supporting data appear a bit muddled. Readers are left with questions: Why did the author take this position? Why take this position rather than an alternative one? 2-3: The piece leaves readers confused as to what point the author is trying to make. The reader cannot readily summarize the author's key point or the data supporting the position seem not to really support it. 1: The paper lacks an identifiable point. Readers are left confused as to what point the author is making and why. Persuasive: Does the piece persuade the reader? A good piece argues effectively for a particular position. Even though the reader may not ultimately agree with the author, the reader comes
  • 37. away from the piece willing to seriously consider the author's perspective. If a student fails to address the specified topic-- that is, deals with another topic entirely -- you should evaluate his or her Op-Ed with a 1-3 score for this criterion. 6-7: A reader comes away from reading the piece feeling the author has effectively argued for a certain position. The author uses concrete examples that resonate with readers. 4-5: The opinion piece highlights an important topic. But it does not really convince readers as to the value of the author's position. 2-3: The opinion piece seems mostly a personal venting. The author is not reaching out to readers or trying to connect with them in a meaningful way. 1: The piece is unconvincing. An unbiased reader, reading this piece, would not find the piece very persuasive. Hook and Structure: Does the opinion piece engage the reader right at the beginning? Is there evidence of thoughtful organization? Does the author summarize the main point at the end? 6-7: The main point is effectively stated in the first few sentences. These first few sentences capture the reader's attention and draw the reader into reading further. The author effectively summarizes the piece's argument in a strong final paragraph. 4-5: Readers are not immediately drawn into the argument. But they are not put off by it either. They find the piece reasonable
  • 38. but a little slow moving. It does not hold the reader's attention. The final paragraph does not offer a powerful restatement of the author's position. 2-3: The piece makes a basic point. But it does not catch your attention. It does not draw you in at the beginning nor does it summarize its message at the end. 1: The author never draws the reader into the opinion piece. It is not clear what the author is saying nor why it is important. Writing and Clarity: Is the piece readily understandable by non- academic readers? General readers should find the piece easy and interesting to read. There should be few grammatical and spelling errors. 6-7: The writing is clear. The author's own voice and perspective come through in a convincing way. You can identify with the author and the position she or he takes. There are no grammatical mistakes that distract from the author's argument. 4-5: The writing is reasonable. The sentences and paragraphs are a bit too long or the passive voice is emphasized. There is a bit too much jargon. 2-3: The author tends to go on too long. It is not really clear what point she or he is making. The author has long sentences and paragraphs. 1: A reader is left confused as to what point the author is trying to make.
  • 39. Tone: Is the opinion piece polite and respectful? The focus is on persuading the reader rather than voicing indignation or condemnation. 6-7: The opinion piece is polite and respectful in tone. Rather than dismissing the other side, it acknowledges its value while disagreeing with it. It comes across as written by a thoughtful professional versed in the subject being discussed. 4-5: There is generally a polite tone. But the author does not acknowledge that reasonable people might disagree regarding the point being made. The author asserts there is one reasonable position and she or he is presenting it. http://www.publicanthropology.org/CAW/General/-Op-Ed- Examples.htm 2/5/15, 7:49 AMBackground Page 8 of 8http://www.publicanthropology.org/CAW/General/- background.htm 2-3: The piece comes across as quite opinionated. It appears the author is "venting" about something that bothers her or him. 1: The piece is similar to a political "attack" ad. The author is pouring at rage with little concern for who is reading the piece. EXAMPLES OF TWO QUALITY OP-EDS http://www.publicanthropology.org/CAW/General/-Op-Ed- Examples.htm