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April 18, 2008 [feather]
Short course in ethics

Predictably, the AAUP is declaring that Aliza Shvarts was expressing her academic freedom when she inseminated herself and then induced menstruation (and possible miscarriage) all for the purposes of a naive, self-absorbed, intensely warped "art" project.

Here is Cary Nelson, newly re-elected AAUP president: "Academic freedom for faculty and intellectual freedom for students give them the right to speech that shocks and challenges."

Amid all the verbiage, Nelson appears to have lost track of the fact that Shvarts was doing a hell of a lot more than engaging in shocking and challenging "speech." She was performing acts on herself--and, potentially, on her unborn children--that I strongly suspect ought to have been run by Yale's Institutional Review Board, a body that decides whether faculty and student projects involving research on human subjects should be allowed to proceed. I also strongly suspect that the IRB would not have approved Shvarts' venture.

IRBs exist for good reason--they work to ensure that academic undertakings involving people (especially involving their bodies) are ethically sound. Yale quite properly requires students and faculty across the university to get prior approval for any project that could be construed as research conducted on a human subject. Did Shvarts do that? It sure doesn't sound like it.

Nelson ought to know all about IRBs, and he ought also to understand that IRBs are compatible with academic freedom. The AAUP has said as much, after all. And while the AAUP argues that IRBs have gotten a bit overly intrusive about the kinds of projects they want to oversee (sometimes, for example, extending their prerogatives to cover innocuous surveys and the like), the AAUP does not argue with the foundational goal of the IRB, which is to ensure that research projects involving human subjects do not put those subjects at unreasonable risk.

Academic freedom does not cover reckless, unethical, unsupervised experimentation on one's own body for the purposes of completing coursework and getting a good grade. Nor, I would imagine, does it cover the creation of embryos for the purpose of destroying and then displaying them.

posted on April 18, 2008 4:04 PM




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Comments:

An act is not speech, any more than I could shoot someone in the head, and then by the magic words of calling it "art" have it no longer be murder. I'm now convinced this is all a hoax: if Shvarts had truly repeatedly induced miscarriage like that, she'd be in the hospital, and I'm sure the adoring parents of such a "gifted," precocious, talented blah blah blah child would be shrieking at the top of their lungs and calling legions of the plaintiffs' bar out of the woodwork.

Posted by: Dave J at April 18, 2008 10:44 PM



I would guess the IRB had no jurisdiction. Art is not research (although it may be scholarship). Research is defined for IRB purposes as "a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge".

Posted by: hypatia cade at April 21, 2008 4:34 AM



Was this a research project? At my old university, I thought a student needed to see the IRB for her art project, and she was told that she didn't because it was an art project, not a research project even though she was creating it for display.

Posted by: Nels at April 21, 2008 6:39 AM



Many IRBs routinely exempt various disciplines from their purview. One discipline so exempted is journalism. A journalism student can do a project involving research on a particular subject in the context of publishing results as an article in the student newspaper; a sociology student doing the exact same project would not be exempt since such research would be considered social science research employing human subjects. Art is also exempt; many students "employ" nude models as part of their art projects and said models are human subjects, but IRBs are not interested.

Restraint on the Yale student could have been excercised by the supervising prof, but such did not occur.


Posted by: barry m. dank at April 21, 2008 9:48 PM





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