This paper analyzes and evaluates the 2007 majority opinion of the German National Ethics Council which seeks to establish new information (as to the inferior quality of legally procurable human embryonic stem cells) as a sufficient reason for a relaxation of the 2002 Stem Cell Law. A micro-level analysis of the opinion’s central section is conducted and evaluated vis à vis the strongest known opponent position in the national debate at that time. The argumentation is claimed to rely on an (...) unsupported semantic assumption regarding the parthood relation of the 2002 compromise and to misconstrue the strongest known opponent position. (shrink)

In central definitions of shared decision-making within medical consultations we find the concept of negotiation used to describe the interaction between patient and professional in case of conflict. It has been noted that the concept of negotiation is far from clear in this context and in other contexts it is used both in terms of rational deliberation and bargaining. The articles explores whether rational deliberation or bargaining accurately describes the negotiation in shared decision-making and finds that it fails to do (...) so on both descriptive and normative grounds. At the end some notes on further analysis is given and it is suggested that the interaction is more accurately described in terms of an internal balancing of values like patient best interest, patient autonomy and patient adherence by the professional that is accepted by the patient. (shrink)

In patient centred care, shared decision making is a central feature and widely referred to as a norm for patient centred medical consultation. However, it is far from clear how to distinguish SDM from standard models and ideals for medical decision making, such as paternalism and patient choice, and e.g., whether paternalism and patient choice can involve a greater degree of the sort of sharing involved in SDM and still retain their essential features. In the article, different versions of SDM (...) are explored, versions compatible with paternalism and patient choice as well as versions that go beyond these traditional decision making models. Whenever SDM is discussed or introduced it is of importance to be clear over which of these different versions are being pursued, since they connect to basic values and ideals of health care in different ways. It is further argued that we have reason to pursue versions of SDM involving, what is called, a high level dynamics in medical decision-making. This leaves four alternative models to choose between depending on how we balance between the values of patient best interest, patient autonomy, and an effective decision in terms of patient compliance or adherence: Shared Rational Deliberative Patient Choice, Shared Rational Deliberative Paternalism, Shared Rational Deliberative Joint Decision, and Professionally Driven Best Interest Compromise. In relation to these models it is argued that we ideally should use the Shared Rational Deliberative Joint Decision model. However, when the patient and professional fail to reach consensus we will have reason to pursue the Professionally Driven Best Interest Compromise model since this will best harmonise between the different values at stake: patient best interest, patient autonomy, patient adherence and a continued care relationship. (shrink)

Natural normativity describes the means whereby social and cultural controls are placed on argumentative behaviour. The three main components of this are Goals, Context, and Ethos, which combine to form a dynamic and situational framework. Natural normativity is explained in light of Pragma-dialectics, Informal Logic, and Rhetoric. Finally, the theory is applied to the Biro-Siegel challenge.

This paper defends negotiation as a way of rationally overcoming disagreements. Negotiation is a type of dialogue where the parties begin with a conflict and a need for cooperation, and their main goal is to make a deal as reported (Walton and Krabbe 1995, p 72). It has been discussed whether differences of opinion can be shifted from persuasion to negotiation dialogue. If two parties disagree, is it reasonable to overcome their disagreement by employing negotiation? Van Laar and Krabbe (2018a) (...) argue that negotiation is the correct way to settle disagreements when the parties arrive at a stalemate. Godden and Casey (2020) deny this. They argue that the goal of persuasion dialogue (to resolve a conflict by verbal means) can never be replaced by a bargaining procedure. This paper claims that shifts to negotiation are reasonable, but only if the shift meets two conditions. The practical condition requires the disagreement to be practical rather than theoretical, and the sacrifice condition requires that the parties freely agree to shift the dialogue to negotiation. When the parties do not meet these conditions, they commit fallacies such as ad consequentiam, ad baculum or the fallacy of middle ground. Finally, I argue that negotiation arises in practical argumentation when the parties assign different relative values to their goals. When this process occurs, we see negotiation as a small step within the practical argumentation process. Persuasion, deliberation and negotiation dialogue are, then, deeply intertwined and are sometimes indistinguishable. (shrink)

Negotiation is mainly treated as a process through which counterparts try to satisfy their conflicting interests. This traditional, subjective approach focuses on the interests-based relation between subjects and the resources which are on the bargaining table; negotiation is viewed as a series of joint decisions regarding the relation of each subject to the negotiated resources. In this paper, we will attempt to outline an intersubjective perspective that focuses on the communication-based relation among subjects, a relation that is founded upon communicative (...) rationality mechanisms which are inherent in social activity. Much in contrast to the concept of interests which describe the relationship of each subject alone to the resources, we will use the concept of ?claim-rights? which are properly formed and validated only vis-à-vis negotiating partners and on the basis of the communication that develops among them. We will offer a step-by-step account of the creation of claim-rights and argue that their validation does not necessarily lie in the parties? interests, but in the communication mechanisms that induce consensus and result in mutually acceptable outcomes. (shrink)

This dissertation addresses the following questions: How should epistemologists conceptualize testimony? What do people use testimony to do? And why does ‘what people do’ with testimony matter epistemically? In response to these questions I both define and characterize testimony. While doing so I argue for the following answers, given here very briefly: What do people do when they testify? They tell each other things and avow that those things are true, offering their statements to others as reasons to believe. More (...) importantly, they interact with each other in order to negotiate about significance. Why do these activities matter epistemically? Because by engaging in them people generate understanding, as well as knowledge, that no one involved may have had prior to negotiation. Not only that, but they generate collective hermeneutic resources—conceptual tools with which to interpret and understand. In so doing, they not only learn, they create significance and (re)construct social worlds, living together as epistemic, moral, and political agents. So, how should epistemologists conceptualize testimony? They should treat it as a particular speech act that most often occurs as part of a testimonial exchange—an interactive, interpretive, dialogical activity that people use in order to negotiate about significance and generate understanding. This characterization of testimony is an important contribution because it: reveals some of the distinctively social aspects of testimonial knowledge and understanding; suggests better answers to epistemic questions about testimony than those based on typical characterizations in the literature; leads discussion on the topic in a number of new directions; and it lays a foundation for an ethics of testimony that cannot be separated from epistemic concerns. Neither can those concerns be separated from social, moral, and political considerations. The position thus pushes epistemologists to investigate the intertwining of epistemic, moral, and political agency. (shrink)