Beyond categorisation: refining the relationship between subjects and objects in health research regulation

• Published in: Law, innovation and technology Vol. 13; no. 1; pp. 194 - 222
• Main Authors: McMillan, Catriona, Dove, Edward, Laurie, Graeme, Postan, Emily, Sethi, Nayha, Sorbie, Annie
• Format: Journal Article
• Language: English
• Published: Abingdon Routledge 02.01.2021; Taylor & Francis Ltd
• Subjects: health data; health research; liminality; Medical research; object; Subject
• ISSN: 1757-9961; 1757-997X
• DOI: 10.1080/17579961.2021.1898314

In this article, we argue that the relationship between 'subject' and 'object' is poorly understood in health research regulation (HRR), and that it is a fallacy to suppose that they can operate in separate, fixed silos. By seeking to perpetuate this fallacy, HRR risks, among other things, objectifying persons by paying insufficient attention to human subjectivity, and the experiences and interests related to being involved in research. We deploy the anthropological concept of liminality - concerned with processes of transformation and change over time - to emphasise the enduring connectedness between subject and object in these contexts. By these means, we posit that regulatory frameworks based on processual regulation can better recognise and encompass the fluidity and significance of these relationships, and so ground more securely the moral legitimacy and social licence for human health research.