IRBs, Public Justification Requirements and Deference to Researchers: Research Authoritarianism?

Researchers and Institutional Review Board members often disagree about the permissibility of some parts or all of the former’s proposed research. At least sometimes, this disagreement is reasonable. This is often because there are competing values and no clear solution as to how to balance these values. Arguably, given that there are multiple reasonable ways in which these values might be balanced, IRBs are subject to an asymmetric public justification requirement. This requirement implies that IRBs should defer to researchers when the disagreement is reasonable. After briefly defending this claim, this paper examines its implications with respect to three questions that IRBs face. We argue that IRBs should not impose a strict limit on payments to participants, that they should take a more expansive view of what types of research are authorized by broad consent forms, and there should be no hard cap on risks participants might choose to undergo.