Gilbert's kisceral argumentation is, roughly speaking, about arguing based on intuitions. In the forefront of such a (rhetorical) model are arguers and audiences, who resolve disagreements using kisceral arguments. Intuitions as reasons were more important in pre-modern law, when the law was not as explicit, precise, and determinate as today. Law influenced by religion or religious law was a typical example. In our much more secular modern era, intuitions are more or less subordinated to the (legal) logical (...) mode of arguing. However, in tough legal cases, when logic "runs out," it is values that decide them. Not surprisingly, neuroscience and cognitive psychology have shown a strong connection between values and intuition. (shrink)

Of the different modes that characterize Michael Gilbert’s multi-modal theory of argumentation, the kisceral is in many ways the most challenging to understand and employ. It appears to bypass the processes of reason that have dominated accounts in the Western tradition, diverting us toward the private worlds of hunches and gut reactions. This paper explores the nature of kisceral arguments, comparing them to the way intuition operates in William James’ examination of mystical experience. Having provided an account (...) of kisceral arguments and their operation, the discussion turns to the even more challenging issue of how such arguments should be evaluated. (shrink)

Gilbert’s four modes of communication include the logical, the emotional, the visceral and the kisceral, which last has not received much attention at all. This mode covers the forms of argument that rely on intuition and undefended basal assumptions. These forms range from the scientific and mathematical to the religious and mystical. In this paper these forms will be examined, and suggestions made for ways in which intuitive frameworks can be compared and valued.

This paper responds to two aspects of Ralph Johnson's Manifest Rationality (2000). The first is his critique of deductivism. The second is his failure to make room for some species of argument (e.g., visual and kisceral arguments) proposed by recent commentators. In the first case, Johnson holds that argumentation theorists have adopted a notion of argument which is too narrow. In the second, that they have adopted one which is too broad. I discuss the case Johnson makes for (...) both claims, and possible objections to his analysis. (shrink)

This argument explores transcultural commonalities among civic arguments from divination in global antiquity. In the ancient world, proponents engaged in kisceral arguments deriving from divinatory signs: arguments ex divinatione regarding prospective civic action. Under ideal circumstances, their aim was to help insure that the collective action of human political organizations was aligned with the natural synchrony of the cosmos. Thus, civic arguments from divination were employed to anticipate the future’s course based on the signs the system produced holistically. In (...) ancient Mesopotamia, China, and Rome, divination was employed as a tool for aligning the order of human society to that of a conception of metaphysical or cosmic order. By comparing these argumentative examples and rationales, we see a broader context for the way in which humans made arguments toward political futurity outside more conventional syllogistic formulations concerning causation. Rather, the argumentative strategies of many ancient cultures embraced an understanding of the future as the logical outcome of a holistic dynamism in kairotic time. (shrink)

On Gilbert’s multi-modal theory of argumentation, the “logical” is but one among many modes of argument, including the emotional, the visceral (physical), and the kisceral (intuitive). Yet, I argue that, properly understood, the logical is not one mode among many. Rather, it is better understood as the _uber-mode_ of argument. What Gilbert calls the “logical mode” of argument—a linear, orderly, highly verbalizable, way of arguing—is made possible only to the extent that the logic of some space of reasons (...) has been articulated. The “anti-logical” penchant of multi-modal argumentation is not found at the object-level—in its countenancing “non-logical” modes of argument, but at the meta-level—in its resistance, as a mistaken embracing of the “logical” mode, to using the logics governing the different modes to self-regulate the course of our arguings. (shrink)

The main stream of formal and informal logic as well as more recent work in discourse analysis provides a way of understanding certain arguments that particularly lend themselves to rational analysis. I argue, however, that these, and allied modes of analysis, be seen as heuristic models and not as the only proper mode of argument. This article introduces three other modes of argumen tation that emphasize distinct aspects of human communication, but that, at the same time, must be considered for (...) the full understanding of argumentation. These modes are (1) the emotional, which relates to the realm of feelings, (2) the visceral, which stems from the area of the physical, and (3) the kisceral, which covers the intuitive and non-sensory arenas. At its most extreme the view holds that arguments may be given (almost) wholly within one mode and not be at all susceptible to those methods of argument analysis previously used. A more cautious statement allows that any interactive argument will (possibly) contain elements from various modes, and that to attempt to reduce these all to the rational is prejudiced reductionism. (shrink)

In this paper I question the primacy of argumentation relying solely on logic by showing how the body and mind are deeply connected and as a result how communication and argumentation are a product of this mind/body connection. In particular, I explore the physicality of argumentation through the research and writings on gestures and the embodied mind. Michael Gilbert’s theory of multi-modal argumentation provides the general approach for this elaboration.

Michael Gilbert’s multi-modal theory of argument challenges earlier accounts of arguing assumed in formal and informal logic. His account of emotional, visceral, and kisceral modes of arguing rejects the assumption that all arguments must be treated as instances of one “logical mode.” This paper compares his alternative modes to other modes proposed by those who have argued for visual, auditory, and other “multimodal” modes of arguing. I conclude that multi-modal and multimodal (without the hyphen) modes are complementary. Collectively, they (...) represent an important attempt to radically expand the scope of informal logic and the argumentation that it studies. (shrink)

My essay, “Multi-modal argumentation” was published in the journal, _Philosophy of the Social Sciences,_ in 1994. This information appeared again in my book, _Coalescent argumentation_ in 1997. In the ensuing twenty years, there have been many changes in argumentation theory, and I would like to take this opportunity to examine my now middle-aged theory in light of the developments in our discipline. I will begin by relating how a once keen intended lawyer and then formal logician ended up (...) in argumentation theory. (If you do not care to read this bit of autobiography, skip to Section 2). (shrink)

Coalescent argumentation is a normative ideal that involves the joining together of two disparate claims through recognition and exploration of opposing positions. By uncovering the crucial connection between a claim and the attitudes, beliefs, feelings, values and needs to which it is connected dispute partners are able to identify points of agreement and disagreement. These points can then be utilized to effect coalescence, a joining or merging of divergent positions, by forming the basis for a mutual investigation of non-conflictual (...) options that might otherwise have remained unconsidered. The essay proceeds by defining and discussing ‘argument’, ‘position’ and ‘understanding’. These notions are then brought together to outline the concept of coalescent reasoning. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same (...) time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

This book concentrates on argumentation as it emerges in ordinary discourse, whether the discourse is institutionalized or strictly informal. Crucial concepts from the theory of argumentation are systematically discussed and explained with the help of examples from real-life discourse and texts. The basic principles are explained that are instrumental in the analysis and evaluation of argumentative discourse. Methodical instruments are offered for identifying differences of opinion, analyzing and evaluating argumentation and presenting arguments in oral and written discourse. (...) In addition, the book provides a great variety of exercises and assignments to improve the students' skill in presenting argumentation. The authors begin their treatment of argumentation theory at the same juncture where argumentation also starts in practice: The difference of opinion that occasions the evolvement of the argumentation. Each chapter begins with a short summary of the essentials and ends with a number of exercises that students can use to master the material. _Argumentation_ is the first introductory textbook of this kind. It is intended as a general introduction for students who are interested in a proper conduct of argumentative discourse. Suggestions for further reading are made for each topic and several extra assignments are added to the exercises. Special features: * A concise and complete treatment of both the theoretical backgrounds and the practice of argumentation analysis and evaluation. * Crucial concepts from pragmatics presented in a non-technical way; introducing the theory of verbal communication. * Unique coverage of both oral and written presentation of arguments. * Exercises and assignments based on real-life texts from a variety of contexts. (shrink)

The study presented here examines how interacting with a more capable interlocutor influences use of argumentation strategies in electronic discourse. To address this question, 54 young adolescents participating in an intervention centered on electronic peer dialogs were randomly assigned to either an experimental or control condition. In both conditions, pairs who held the same position on a social issue engaged in a series of electronic dialogs with pairs who held an opposing position. In the experimental condition, in some dialogs, (...) unbeknownst to them (because dialog took place electronically), the opponent was a more capable (“expert”) adult. Dialogs in the control condition were only with peers. Argumentation strategies of the experimental group who argued with the “expert” showed immediate strategy improvements in their subsequent peer dialogs, improvement absent in the control group (Cohen's d = 1.12). In particular, the experimental group showed greater use of counterargument in general and advanced forms of counterargument (undermining) that challenges the deeper premises or reasoning on which an argument is based. Implications with respect to mechanisms of change in the development of argumentation skills are considered. (shrink)

Use of argumentation methods applied to legal reasoning is a relatively new field of study. The book provides a survey of the leading problems, and outlines how future research using argumentation-based methods show great promise of leading to useful solutions. The problems studied include not only these of argument evaluation and argument invention, but also analysis of specific kinds of evidence commonly used in law, like witness testimony, circumstantial evidence, forensic evidence and character evidence. New tools for analyzing (...) these kinds of evidence are introduced. (shrink)

This book identifies 25 argumentation schemes for presumptive reasoning and matches a set of critical questions to each.

In this paper, I explore the relationship of virtue, argumentation, and philosophical conduct by considering the role of the specific virtue of intellectual humility in the practice of philosophical argumentation. I have three aims: first, to sketch an account of this virtue; second, to argue that it can be cultivated by engaging in argumentation with others; and third, to problematize this claim by drawing upon recent data from social psychology. My claim is that philosophical argumentation can (...) be conducive to the cultivation of virtues, including humility, but only if it is conceived and practiced in appropriately ‘edifying’ ways. (shrink)

The detection of hate speech and fake news in political discourse is at the same time a crucial necessity for democratic societies and a challenge for several areas of study. However, most of the studies have focused on what is explicitly stated: false article information, language that expresses hatred, derogatory expressions. This paper argues that the explicit dimension of manipulation is only one – and the least problematic – of the risks of political discourse. The language of the unsaid is (...) much more dangerous and incomparably more difficult to detect, hidden in different types of fallacies and inappropriate uses of emotive language. Through a threefold coding scheme based on the instruments of argumentation theory and pragmatics, a corpus of argumentative tweets published by 4 politicians (Matteo Salvini, Donald Trump, Jair Bolsonaro, and Joseph Biden) within 6 months from their taking office (corresponding to the official end of their election campaign) is analyzed, detecting the types of argument, the fallacies, and the uses and misuses of “emotive words.” This coding results in the argumentation profiles of the speakers, which are compared statistically to show their different implicit strategies and deceptive tactics. (shrink)

The subject of this study are the argumentation strategies applied by the Polish and German apex courts competent in criminal matters, namely the Supreme Court and the Federal Court of Justice, respectively. The investigation encompasses a total of 200 rulings issued by the criminal panels of these bodies. Particular focus was put on examining which arguments both courts apply to solve interpretation problems, and secondly, how these courts systematize the interpretation process. Methodologically, the examination utilizes, inter alia, the principles (...) of qualitative research, without neglecting the legal dogmatic perspective. A crucial theoretical foundation underlying this study is the distinction between formalistic and substantive legal cultures. The examination reveals that neither the Polish nor the German legal culture is purely formalistic or value-oriented. Nevertheless, the Supreme Court of Poland shows greater affinity for formalistic arguments, whereas the substantive interpretation methods are more widespread in the judicature of the German Federal Court of Justice. In particular, the Polish Court prefers the linguistic interpretation, whereas the German Court favours the purposive approach. (shrink)

Vol. presents a method for critically evaluating relevance in arguments based on case studies & a new relevance theory incorporating techniques of argumentation theory, logic & artificiaI intelligence. For scholars/students in argumentation & rhetoric.

Formal logic has often been seen as uniquely placed to analyze mathematical argumentation. While formal logic is certainly necessary for a complete understanding of mathematical practice, it is not sufficient. Important aspects of mathematical reasoning closely resemble patterns of reasoning in nonmathematical domains. Hence the tools developed to understand informal reasoning, collectively known as argumentation theory, are also applicable to much mathematical argumentation. This chapter investigates some of the details of that application. Consideration is given to the (...) many contrasting meanings of the word “argument”; to some of the specific argumentation-theoretic tools that have been applied to mathematics, notably Toulmin layouts and argumentation schemes; to some of the different ways that argumentation is implicated in mathematical practices; and to the social aspects of mathematical argumentation. (shrink)

This book provides a systematic analysis of many common argumentation schemes and a compendium of 96 schemes. The study of these schemes, or forms of argument that capture stereotypical patterns of human reasoning, is at the core of argumentation research. Surveying all aspects of argumentation schemes from the ground up, the book takes the reader from the elementary exposition in the first chapter to the latest state of the art in the research efforts to formalize and classify (...) the schemes, outlined in the last chapter. It provides a systematic and comprehensive account, with notation suitable for computational applications that increasingly make use of argumentation schemes. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

Argumentation schemes [1–3] are a relatively recent notion that continues an extremely ancient debate on one of the foundations of human reasoning, human comprehension, and obviously human argumentation, i.e., the topics. To understand the revolutionary nature of Walton’s work on this subject matter, it is necessary to place it in the debate that it continues and contributes to, namely a view of logic that is much broader than the formalistic perspective that has been adopted from the 20th century (...) until nowadays. With his book Argumentation schemes for presumptive reasoning, Walton attempted to start a dialogue between three different fields or views on human reasoning – one (argumentation theory) very recent, one (dialectics) very ancient and with a very long tradition, and one (formal logic) relatively recent, but dominating in philosophy. Argumentation schemes were proposed as dialectical instruments, in the sense that they represented arguments not only as formal relations, but also as pragmatic inferences in the sense that they depend on what the interlocutors share and accept in a given dialogical circumstance and affect their dialogical relation. In this introduction, the notion of argumentation scheme will be analyzed in detail, showing its different dimensions and its defining features which make them an extremely useful instrument in Artificial Intelligence. This theoretical background will be followed by a literature review on the uses of the schemes in computing, aimed at identifying the most important areas and trends, the most promising proposals, and the directions of future research. (shrink)

In Biro and Siegel we argued that a theory of argumentation mustfully engage the normativity of judgments about arguments, and we developedsuch a theory. In this paper we further develop and defend our theory.

The Handbook of Formal Argumentation is a community effort aimed at providing a comprehensive and up-to-date view of the state of the art and current trends in the lively research field of formal argumentation. The first volume of the Handbook is organised into five parts, containing nineteen chapters in all, each written by leading experts in the field. The first part provides a general and historical perspective on the field. The second part gives a comprehensive coverage of the (...) argumentation formalisms available in the literature at various levels of abstraction. The third part is devoted to cover some of the many dialogical aspects of argumentation, while the fourth one deals with algorithmic, computational and implementation issues. Finally, the fifth part provides some deeper analyses on the previously introduced topics. The Handbook of Formal Argumentation is an open-ended initiative of which the present volume is the first outcome. Further volumes are planned to cover topics not included in the present one and the initiative is conceived to grow by the support and feeding it receives from the community members. (shrink)

Argumentation involves offering and/or exchanging reasons – either reasons for adopting various attitudes towards specific propositional contents or else reasons for acting in various ways. This paper develops the idea that the force of reasons is through and through a normative force because what good reasons accomplish is precisely to give one a certain sort of entitlement to do what they are reasons for. The paper attempts to shed light on what it is to have a reason, how the (...) sort of entitlement arising from reasons differs from other species of entitlement and how the norms by which such entitlement is assessed obtain their status as norms. (shrink)

An argumentation profile is defined as a methodological instrument for analyzing argumentative discourse considering distinct and interrelated dimensions: the types of argument used, their quality, and the emotions triggered. Walton’s theoretical contributions are developed as a coherent analytical and multifaceted toolbox for capturing these aspects. Argumentation schemes are used to detect and quantify the types of argument. Fallacy analysis and the assessment of the implicit premises retrieved through the schemes allow evaluating arguments. Finally, the frequency of emotive words (...) signals the most common emotions aroused. This method is illustrated through a corpus of argumentative tweets of three politicians. (shrink)

This volume focuses on the role language plays at all levels of the argumentation process. It explores the effects that specific linguistic choices may have in the production and the reception of arguments and in doing so, it moves beyond the first, necessary, descriptive stance provided by current literature on the topic. Each chapter provides an original take illuminating one or more of the following three issues: the range of linguistic resources language users draw on as they argue; how (...) cognitive processes of meaning construction may influence argumentative practices; and which discursive devices can be used to fulfil a number of argumentative goals. The volume includes theoretical and empirical or applied stances, providing the reader both with state-of-the-art reflections on the relationship between argumentation and language, and with concrete examples of how this relationship plays out in naturally occurring argumentative practices, such as classroom interaction, and political, parliamentary or journalistic discourse. This is a very original, timely and welcome contribution to the study of argumentation conducted with the tools of the language sciences. The collection of papers relevantly tackles key linguistic, discursive and cognitive aspects of argumentative practices whose treatment is underrepresented in mainstream argumentation studies by offering new and exciting linguistically-grounded theoretical accounts. As such, the volume testifies both to the vigour of the linguistic current within the discipline and to the high standards of scholarly commitment and quality that the younger generation is pushing forward. Without question, this book marks an important milestone in the relationships between linguistics and argumentation theory. Christian Plantin, Professor Emeritus. (shrink)

Central to Perelman and Olbrechts-Tyteca’s philosophical revival of rhetoric and dialectic is the importance given to the temporal character of argumentation. Unlike demonstration, situated within the “empty time” of a single instant, the authors of The New Rhetoric understand argumentation as an action that unfolds within the “full time” of meaningful human life. By taking a broader view of his work beyond The New Rhetoric, I first outline Perelman’s understanding of time and temporality and the challenge that it (...) poses for the study of argumentation. Next, I emphasize the distinction between argumentation’s internal and external temporal structures, and then show how Perelman problematizes a static view of a number of basic argumentative concepts by bringing out their essentially temporal character. Finally, in clarifying what is at stake in Perelman’s account, I conclude by drawing attention to a number of issues in contemporary argumentation studies that may benefit from a reconsideration of Perelman’s analysis of time. (shrink)

Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same (...) time such testimony can provide evidence that is not only necessary but inherently reasonable for logically guiding legal experts to accept or reject a claim. Walton shows how to overcome the traditional disdain for witness testimony as a type of evidence shown by logical positivists, and the views of trial sceptics who doubt that trial rules deal with witness testimony in a way that yields a rational decision-making process. (shrink)

The high prevalence of brain injury incidents in adolescence and adulthood demands effective models for re-learning lost cognitive abilities. Impairment in brain injury survivors’ higher-level cognitive functions is common and a negative predictor for long-term outcome. We conducted two small-scale interventions (N = 12; 33.33% female) with persons with acquired brain injuries in two municipalities in Sweden. Age ranged from 17 to 65 years (M = 51.17, SD = 14.53). The interventions were dialogic, inquiry-based, and inspired by the Philosophy for (...) Children Programme, a participatory thinking skills approach with documented higher-order cognitive outcomes, such as developed argumentation skills, in other target groups. Philosophical dialogues were conducted once a week in the two groups, totalling 12 dialogues per group. Group argumentation development was measured through compared scores from structured observations of filmed dialogues early and late in the intervention. Large positive changes in mean scores from early to late in the intervention, together with constantly high facilitator quality, suggest argumentation development in the sample due to the intervention. (shrink)

This essay begins with a critique of the Critical-Logical model dominant in contemporary argumentation theory. The concerns raised stem primarily from considerations brought by several feminist thinkers including Carol Gilligan, Karen Warren, Deborah Tannen and, most especially, Andrea Nye. It is argued that, in light of these considerations, and concerns of essentialism or non-essentialism notwithstanding, that the Critical-Logical model is liable to dis-enfranchise a significant part of the population with regard to modes and styles of reasoning. The solution is (...) found in coalescent reasoning, an approach to argumentation that focuses on finding agreement rather than emphasizing disagreement and criticism. (shrink)

While deductive validity provides the limiting upper bound for evaluating the strength and quality of inferences, by itself it is an inadequate tool for evaluating arguments, arguing, and argumentation. Similar remarks can be made about rhetorical success and dialectical closure. Then what would count as ideal argumentation? In this paper we introduce the concept of cognitive compathy to point in the direction of one way to answer that question. It is a feature of our argumentation rather than (...) my argument or your argument. In that respect, compathy is like the harmonies achieved by an accomplished choir, the spontaneous coordination of athletic teamwork, or the experience of improvising jazz musicians when they are all in the flow together. It is a characteristic of arguments, not a virtue that can be attributed to individual arguers. It makes argumentation more than just the sum of its individual parts. The concept of cognitive compathy is brought into focus by locating it at the confluence of two lines of thought. First, we work up to the concept of compathy by contrasting it with empathy and sympathy in the context of emotions, which is then transplanted into epistemic, cognitive, and argumentative soil. Second, the concept is analytically linked to ideal argumentation by way of authenticity in communication. In the final section, we explore the extent to which argumentative virtues are conducive to producing compathetic argumentation, but reach the unhappy conclusion that the extra value of compathetic argumentation also transcends the evaluative reach of virtue argumentation theory. (shrink)

Rather than the art of putting forward logically valid arguments leading to Truth, argumentation is here viewed as the use of verbal means ensuring an agreement on what can be considered reasonable by a given group, on a more or less controversial matter. What is acceptable and plausible is always coconstructed by subjects engaging in verbal interaction. It is the dynamism of this exchange, realized not only in natural language, but also in a specific cultural framework, that has to (...) be accounted for. From this perspective, it is not enough to reconstruct patterns of reasoning. As logos is by definition both Reason and Language, abstract schemata have to be examined in their verbal realization in a given situation of discourse. Such an approach to arguments allows for a “thick” description taking into account their discursive and communicational aspects, as well as argumentation’s constitutive dialogism and its inscription in a set of common representations, opinions and beliefs (a doxa). This approach, exemplified by the analysis of a short text on stock options borrowed from the French newspaper Libération, is an attempt at establishing a dialogue between disciplines like argumentation theories, rhetorical criticism and discourse analysis. (shrink)

A broad assumption in argumentation theory is that argumentation primarily regards resolving, confronting, or managing disagreement. This assumption is so fundamental that even when there does not appear to be any real disagreement, the disagreement is suggested to be present at some other level. Some have questioned this assumption (most prominently, Perelman and Olbrechts-Tyteca, and Doury), but most are reluctant to give up on the key idea that persuasion, the core of argumentation theory, can only regard disagreements. (...) We argue here that this assumption is false. Argument may be as much about strengthening or maintaining agreement as it is about disagreement. Once we see how argument is possible and manifestly enacted under conditions of agreement, then we have tools to explain otherwise curious fallacies and argumentative phenomena. (shrink)

In this paper we describe the impact that Walton’s conception of argumentation schemes had on AI and Law research. We will discuss developments in argumentation in AI and Law before Walton’s schemes became known in that community, and the issues that were current in that work. We will then show how Walton’s schemes provided a means of addressing all of those issues, and so supplied a unifying perspective from which to view argumentation in AI and Law.

Media argumentation is a powerful force in our lives. From political speeches to television commercials to war propaganda, it can effectively mobilize political action, influence the public, and market products. This book presents a new and systematic way of thinking about the influence of mass media in our lives, showing the intersection of media sources with argumentation theory, informal logic, computational theory, and theories of persuasion. Using a variety of case studies that represent arguments that typically occur in (...) the mass media, Douglas Walton demonstrates how tools recently developed in argumentation theory can be usefully applied to the identification, analysis, and evaluation of media arguments. He draws upon the most recent developments in artificial intelligence, including dialogical theories of argument, which he developed, as well as speech act theory. Each chapter presents solutions to problems central to understanding, analyzing, and criticizing media argumentation. (shrink)

Fundamentals of Critical Argumentation presents the basic tools for the identification, analysis, and evaluation of common arguments for beginners. The book teaches by using examples of arguments in dialogues, both in the text itself and in the exercises. Examples of controversial legal, political, and ethical arguments are analyzed. Illustrating the most common kinds of arguments, the book also explains how to evaluate each kind by critical questioning. Douglas Walton shows how arguments can be reasonable under the right dialogue conditions (...) by using critical questions to evaluate them. The book teaches by example, both in the text itself and in exercises, but it is based on methods that have been developed through the author's thirty years of research in argumentation studies. (shrink)

Argumentation theory has much to offer our understanding of the doctor-patient relationship as it plays out in the context of seeking and obtaining consent to treatment. In order to harness the power of argumentation theory in this regard, I argue, it is necessary to take into account insights from the legal and bioethical dimensions of informed consent, and in particular to account for features of the interaction that make it psychologically complex: that there is a fundamental asymmetry of (...) authority, power and expertise between doctor and patient; that, given the potential for coercion, it is a challenge to preserve the interactive balance presumed by the requirement of informed consent; and finally that the necessary condition that patients be ‘competent to consent’ may undermine the requirement of respecting patient autonomy. I argue argumentation theory has the resources to deal with these challenges and expand our knowledge, and appreciation, of the informed consent interaction in health care. Keywords: argumentation theory, informed consent, doctor-patient interaction, competency to consent, autonomy, medical paternalism. (shrink)