what are concessions in an argumentative essay

Definition of Concession

Concession examples, example #1:.

“Dad, I know taking a trip to another country with my friends may be expensive and unsafe, but I have studied so hard the past year and I think I deserve a vacation. You already know how responsible I have been all my life; I don’t think there will be any problem.”

Example #2:

“I agree that many students act and lie about being sick, so that they can avoid school for whatever reason. However, most students who do not come to school are actually sick. Being sick, they should be focusing on getting better, not worrying about school and grades just because some students take advantage of the absentee policy.”

Example #3:

“An individual does have his own right to freedom, but medical evidence proves that second-hand smoke is harmful. Nobody has the right to harm the health of another, and smoking does just that.”

Example #4:

“It is true that issues may sometimes become polarized and debated heatedly. Certainly, there is a need for matters of public concern to be discussed rationally. But that does not mean that such concerns should not be expressed and investigated. After all, improper interference with academic freedom was found to have taken place. And the allegations raised by doctors are ones which deserve further inquiry.”

Example #5: Politics and the English Language (By George Orwell)

“I said earlier that the decadence of our language is probably curable. Those who deny this would argue, if they produced an argument at all, that language merely reflects existing social conditions, and that we cannot influence its development by any direct tinkering with words or constructions. So far as the general tone or spirit of language goes, this may be true, but it is not true in detail.”

Function of Concession

Post navigation.

Literary Devices

Literary devices, terms, and elements, concession definition, common examples of concession.

Our unemployment is half of what it was. Our fracking industry, energy industry may have contributed 20,000 , but if Mr. Trump understood that the real jobs come in the downstream, not in the upstream, but in the downstream. And that’s where we’re going to get our jobs.

Significance of Concession in Literature

Concession examples are somewhat more difficult to find in literature than in other forms of writing, such as academic writing or journalism. This is because authors of literary works don’t usually make arguments that are as explicit as in these other forms of writing. However, some authors will create characters who make concessions to each other in conversation or arguments. Authors also may choose to write concessions to the audience as if guessing what the audience is thinking about a certain situation and writing in response to those assumptions. These are often the more interesting concession examples, as they set up a perceived dialogue between author and reader that, although it is actually one-way, seems to include and challenge the reader.

Examples of Concession in Literature

PORTIA: The quality of mercy is not strain’d, It droppeth as the gentle rain from heaven Upon the place beneath: it is twice blest; It blesseth him that gives and him that takes: ‘Tis mightiest in the mightiest: it becomes The throned monarch better than his crown; His sceptre shows the force of temporal power, The attribute to awe and majesty, Wherein doth sit the dread and fear of kings; But mercy is above this sceptred sway; It is enthroned in the hearts of kings, It is an attribute to God himself; And earthly power doth then show likest God’s When mercy seasons justice.

In this famous courtroom scene from William Shakespeare’s The Merchant of Venice , the character of Portia has dressed up as a lawyer and gives a well-known speech about mercy. As part of this monologue, Portia makes the concession that a monarch’s sceptre “shows the force of temporal power,” and that is leads to “dread and fear of kings.” She clearly understands where a king’s power comes from. Yet she believes—and argues—that mercy is an even more impressive thing for a leader to wield. This is because leaders don’t necessarily need to show mercy, and in so doing they show the power of their character. Portia strengthens her argument for mercy by acknowledging that which is usually attributed as the mightiest aspect of a ruler.

She has committed no crime, she has merely broken a rigid and time-honored code of our society, a code so severe that whoever breaks it is hounded from our midst as unfit to live with. She is the victim of cruel poverty and ignorance, but I cannot pity her: she is white.

TOM: Yes, I have tricks in my pocket, I have things up my sleeve. But I am the opposite of a stage magician. He gives you illusion that has the appearance of truth. I give you truth in the pleasant disguise of illusion.

Tennessee Williams’s play The Glass Menagerie contains an interesting example of concession right in the very opening lines. The main character and narrator of the play, Tom, addresses the audience directly in his first few lines. He acknowledges that the guise of a play might make everything seem more fictional, and makes the concession that he has “tricks in [his] pocket” and “things up [his] sleeve.” Yet he avers that behind all the tricks, there is much truth in this play. This is an example of a concession directed at the assumptions of the audience that Tom and Tennessee Williams are working against.

Test Your Knowledge of Concession

1. Which of the following statements is the best concession definition? A. A rebuttal against something the author disagrees with. B. An allowance of a common point with an opponent. C. A demonstration of the fallacy in an opponent’s argument. [spoiler title=”Answer to Question #1″] Answer: B is the correct answer.[/spoiler]

OBAMA: And to the [your credit, Romney], you supported us going into Libya and the coalition that we organized. But when it came time to making sure that Gadhafi did not stay in power, that he was captured, Governor, your suggestion was that this was mission creep, that this was mission muddle.

ROMNEY: I congratulate [Obama] on — on taking out Osama bin Laden and going after the leadership in al-Qaeda. But we can’t kill our way out of this mess.

ROMNEY: With the Arab Spring, came a great deal of hope that there would be a change towards more moderation, and opportunity for greater participation on the part of women in public life, and in economic life in the Middle East. But instead, we’ve seen in nation after nation, a number of disturbing events.

[spoiler title=”Answer to Question #3″] Answer: C is the correct answer. Though Romney uses “but,” which could often signal that someone has just made a concession, he is pointing out the failures of policy rather than agreeing with anything that was done.[/spoiler]

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• Concessions
• Counterarguments
• ESL Writing

The Argumentative Essay: The Language of Concession and Counterargument

Explanations and exercises about the use of counterarguments and concessions in argumentative essays.

The Argumentative Essay:  The Language of Concession and Counterargument

We have already analyzed the structure of an argumentative essays (also known as a persuasive essay), and have read samples of this kind of essay.  In this session we will review the purpose and structure of an argumentative essay, and will focus on practicing the grammar of sentences that present our argument while acknowledging that there is an opposing view point. In other words, we will focus on the grammar of concession and counterargument.

Purpose and structure of an argumentative essay

Take a few minutes to refresh your knowledge about the purpose and structure of argumentative / persuasive essays. 

The Purpose of Persuasive Writing

The purpose of persuasion in writing is to convince, motivate, or move readers toward a certain point of view, or opinion. The act of trying to persuade automatically implies more than one opinion on the subject can be argued.

The idea of an argument often conjures up images of two people yelling and screaming in anger. In writing, however, an argument is very different. An argument is a reasoned opinion supported and explained by evidence. To argue in writing is to advance knowledge and ideas in a positive way. Written arguments often fail when they employ ranting rather than reasoning.

Most of us feel inclined to try to win the arguments we engage in. On some level, we all want to be right, and we want others to see the error of their ways. More times than not, however, arguments in which both sides try to win end up producing losers all around. The more productive approach is to persuade your audience to consider your opinion as a valid one, not simply the right one.

The Structure of a Persuasive Essay

The following five features make up the structure of a persuasive essay:

• Introduction and thesis
• Opposing and qualifying ideas
• Strong evidence in support of claim
• Style and tone of language
• A compelling conclusion                                                                                                            

Creating an Introduction and a thesis

The persuasive essay begins with an engaging introduction that presents the general topic. The thesis typically appears somewhere in the introduction and states the writer’s point of view.

Avoid forming a thesis based on a negative claim. For example, “The hourly minimum wage is not high enough for the average worker to live on.” This is probably a true statement, but persuasive arguments should make a positive case. That is, the thesis statement should focus on how the hourly minimum wage is low or insufficient.

Acknowledging Opposing Ideas and Limits to Your Argument

Because an argument implies differing points of view on the subject, you must be sure to acknowledge those opposing ideas. Avoiding ideas that conflict with your own gives the reader the impression that you may be uncertain, fearful, or unaware of opposing ideas. Thus it is essential that you not only address counterarguments but also do so respectfully.

Try to address opposing arguments earlier rather than later in your essay. Rhetorically speaking, ordering your positive arguments last allows you to better address ideas that conflict with your own, so you can spend the rest of the essay countering those arguments. This way, you leave your reader thinking about your argument rather than someone else’s. You have the last word.

Acknowledging points of view different from your own also has the effect of fostering more credibility between you and the audience. They know from the outset that you are aware of opposing ideas and that you are not afraid to give them space.

It is also helpful to establish the limits of your argument and what you are trying to accomplish. In effect, you are conceding early on that your argument is not the ultimate authority on a given topic. Such humility can go a long way toward earning credibility and trust with an audience. Audience members will know from the beginning that you are a reasonable writer, and audience members will trust your argument as a result. For example, in the following concessionary statement, the writer advocates for stricter gun control laws, but she admits it will not solve all of our problems with crime:

Although tougher gun control laws are a powerful first step in decreasing violence in our streets, such legislation alone cannot end these problems since guns are not the only problem we face.

Such a concession will be welcome by those who might disagree with this writer’s argument in the first place. To effectively persuade their readers, writers need to be modest in their goals and humble in their approach to get readers to listen to the ideas.

Text above adapted from: Writing for Success – Open Textbook (umn.edu)    Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

Argument, Concession/Acknowledgment and Refutation

We have already seen that as a writer of an argumentative essay, you do not just want to present your arguments for or against a certain issue. You need to convince or persuade your readers that your opinion is the valid one. You convince readers by presenting your points of view, by presenting points of view that oppose yours, and by showing why the points of view different from yours are not as valid as yours.  These three elements of an argumentative essay are known as argument (your point of view), concession/acknowledgement/counterargument (admission that there is an opposing point of view to yours) and refutation (showing why the counterargument is not valid). Acknowledging points of view different from yours and refuting them makes your own argument stronger. It shows that you have thought about all the sides of the issue instead of thinking only about your own views.

Identifying argument, counterargument, concession and refutation

We will now look at sentences from paragraphs which are part of an argumentative essay and identify these parts. Read the four sentences in each group and decide if each sentence is the argument, the counterargument, the acknowledgement / concession or the refutation. Circle your choice.

Schools need to replace paper books with e-books.

argument                counterargument       acknowledgement      refutation

Others believe students will get bad eyesight if they read computer screens instead of paper books.

There is some truth to this statement.

However, e-books are much cheaper than paper books.

The best way to learn a foreign language is to visit a foreign country.

Some think watching movies in the foreign language is the best way to learn a language.

Even though people will learn some of the foreign language this way,

it cannot be better than actually living in the country and speaking with the people every day.

Exercise above adapted from: More Practice Recognizing Counterarguments, Acknowledgements, and Refutations. Clyde Hindman.  Canvas Commons. Public domain.

More Practice Recognizing Counterarguments, Acknowledgements, and Refutations | Canvas Commons (instructure.com)

Sentence structure: Argument and Concession 

Read the following sentences about the issue of cell phone use in college classrooms. Notice the connectors used between the independent and the dependent clauses.

Although cell phones are convenient, they isolate people.

    dependent clause                                              independent clause

 Cell phones isolate people, even though they are convenient.

                independent clause                                      dependent clause

In the sentences above, the argument is “cell phones isolate people”.  The counterargument is “cell phones are convenient” and the acknowledgment/concession is expressed by the use of although / even though to make the concession of the opposing argument. 

In addition, and most importantly, notice the following:

Which clause contains the writer’s argument? Which clause contains the concession?

The writer’s position is contained in the independent clause and the concession is contained in the dependent clause. This helps the writer to highlight their argument by putting it in the clause that stands on its own and leaving the dependent clause for the concession.

Notice that it doesn’t matter if the independent clause is at the beginning or at the end of the sentence.  In both cases, the argument is “cell phones isolate people.”

Notice the difference between these two sentences:

Cell phones are convenient, even though they isolate people.

     independent clause                   dependent clause

Cell phones isolate people, even though they are convenient.

          independent clause                   dependent clause

This pair of sentences shows how the structure of the sentence reflects the point of view of the writer. The argument in the first sentence is that cell phones are convenient. The writer feels this is the important aspect, and thus places it in the independent clause. In the dependent clause, the writer concedes that cell phones isolate people. In contrast, in the second sentence the argument is that cell phones isolate people. The writer feels this is the important aspect and therefore puts this idea in the independent clause. The writer of this sentence concedes that cell phones are convenient, and this concession appears in the dependent clause.

Read the following pairs of sentences and say which sentence in the pair has a positive attitude towards technology in our lives.

                                                             A

• Although technology has brought unexpected problems to society, it has become an instrument of progress.
• Technology has brought unexpected problems to society, even though it has become an instrument of progress.

                                                                  B

• Technology is an instrument of social change, even though there are affordability issues.
• There are affordability issues with technology, even though it is it is an instrument of social change.

Licensed under Creative Commons Attribution-NonCommercial-ShareAlike

Maria Antonini de Pino – Evergreen Valley College, San Jose, California, USA

LIST OF SOURCES (in order of appearance)

• Text adapted from: Writing for Success – Open Textbook (umn.edu)

         Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

• Exercise adapted from: More Practice Recognizing Counterarguments, Acknowledgements, and Refutations. Clyde Hindman.  Canvas Commons. Public domain.

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• Knowledge Base
• How to write an argumentative essay | Examples & tips

How to Write an Argumentative Essay | Examples & Tips

Published on July 24, 2020 by Jack Caulfield . Revised on July 23, 2023.

An argumentative essay expresses an extended argument for a particular thesis statement . The author takes a clearly defined stance on their subject and builds up an evidence-based case for it.

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Table of contents

When do you write an argumentative essay, approaches to argumentative essays, introducing your argument, the body: developing your argument, concluding your argument, other interesting articles, frequently asked questions about argumentative essays.

You might be assigned an argumentative essay as a writing exercise in high school or in a composition class. The prompt will often ask you to argue for one of two positions, and may include terms like “argue” or “argument.” It will frequently take the form of a question.

The prompt may also be more open-ended in terms of the possible arguments you could make.

Argumentative writing at college level

At university, the vast majority of essays or papers you write will involve some form of argumentation. For example, both rhetorical analysis and literary analysis essays involve making arguments about texts.

In this context, you won’t necessarily be told to write an argumentative essay—but making an evidence-based argument is an essential goal of most academic writing, and this should be your default approach unless you’re told otherwise.

Examples of argumentative essay prompts

At a university level, all the prompts below imply an argumentative essay as the appropriate response.

Your research should lead you to develop a specific position on the topic. The essay then argues for that position and aims to convince the reader by presenting your evidence, evaluation and analysis.

• Don’t just list all the effects you can think of.
• Do develop a focused argument about the overall effect and why it matters, backed up by evidence from sources.
• Don’t just provide a selection of data on the measures’ effectiveness.
• Do build up your own argument about which kinds of measures have been most or least effective, and why.
• Don’t just analyze a random selection of doppelgänger characters.
• Do form an argument about specific texts, comparing and contrasting how they express their thematic concerns through doppelgänger characters.

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An argumentative essay should be objective in its approach; your arguments should rely on logic and evidence, not on exaggeration or appeals to emotion.

There are many possible approaches to argumentative essays, but there are two common models that can help you start outlining your arguments: The Toulmin model and the Rogerian model.

Toulmin arguments

The Toulmin model consists of four steps, which may be repeated as many times as necessary for the argument:

• Make a claim
• Provide the grounds (evidence) for the claim
• Explain the warrant (how the grounds support the claim)
• Discuss possible rebuttals to the claim, identifying the limits of the argument and showing that you have considered alternative perspectives

The Toulmin model is a common approach in academic essays. You don’t have to use these specific terms (grounds, warrants, rebuttals), but establishing a clear connection between your claims and the evidence supporting them is crucial in an argumentative essay.

Say you’re making an argument about the effectiveness of workplace anti-discrimination measures. You might:

• Claim that unconscious bias training does not have the desired results, and resources would be better spent on other approaches
• Cite data to support your claim
• Explain how the data indicates that the method is ineffective
• Anticipate objections to your claim based on other data, indicating whether these objections are valid, and if not, why not.

Rogerian arguments

The Rogerian model also consists of four steps you might repeat throughout your essay:

• Discuss what the opposing position gets right and why people might hold this position
• Highlight the problems with this position
• Present your own position , showing how it addresses these problems
• Suggest a possible compromise —what elements of your position would proponents of the opposing position benefit from adopting?

This model builds up a clear picture of both sides of an argument and seeks a compromise. It is particularly useful when people tend to disagree strongly on the issue discussed, allowing you to approach opposing arguments in good faith.

Say you want to argue that the internet has had a positive impact on education. You might:

• Acknowledge that students rely too much on websites like Wikipedia
• Argue that teachers view Wikipedia as more unreliable than it really is
• Suggest that Wikipedia’s system of citations can actually teach students about referencing
• Suggest critical engagement with Wikipedia as a possible assignment for teachers who are skeptical of its usefulness.

You don’t necessarily have to pick one of these models—you may even use elements of both in different parts of your essay—but it’s worth considering them if you struggle to structure your arguments.

Regardless of which approach you take, your essay should always be structured using an introduction , a body , and a conclusion .

Like other academic essays, an argumentative essay begins with an introduction . The introduction serves to capture the reader’s interest, provide background information, present your thesis statement , and (in longer essays) to summarize the structure of the body.

Hover over different parts of the example below to see how a typical introduction works.

The spread of the internet has had a world-changing effect, not least on the world of education. The use of the internet in academic contexts is on the rise, and its role in learning is hotly debated. For many teachers who did not grow up with this technology, its effects seem alarming and potentially harmful. This concern, while understandable, is misguided. The negatives of internet use are outweighed by its critical benefits for students and educators—as a uniquely comprehensive and accessible information source; a means of exposure to and engagement with different perspectives; and a highly flexible learning environment.

The body of an argumentative essay is where you develop your arguments in detail. Here you’ll present evidence, analysis, and reasoning to convince the reader that your thesis statement is true.

In the standard five-paragraph format for short essays, the body takes up three of your five paragraphs. In longer essays, it will be more paragraphs, and might be divided into sections with headings.

Each paragraph covers its own topic, introduced with a topic sentence . Each of these topics must contribute to your overall argument; don’t include irrelevant information.

This example paragraph takes a Rogerian approach: It first acknowledges the merits of the opposing position and then highlights problems with that position.

Hover over different parts of the example to see how a body paragraph is constructed.

A common frustration for teachers is students’ use of Wikipedia as a source in their writing. Its prevalence among students is not exaggerated; a survey found that the vast majority of the students surveyed used Wikipedia (Head & Eisenberg, 2010). An article in The Guardian stresses a common objection to its use: “a reliance on Wikipedia can discourage students from engaging with genuine academic writing” (Coomer, 2013). Teachers are clearly not mistaken in viewing Wikipedia usage as ubiquitous among their students; but the claim that it discourages engagement with academic sources requires further investigation. This point is treated as self-evident by many teachers, but Wikipedia itself explicitly encourages students to look into other sources. Its articles often provide references to academic publications and include warning notes where citations are missing; the site’s own guidelines for research make clear that it should be used as a starting point, emphasizing that users should always “read the references and check whether they really do support what the article says” (“Wikipedia:Researching with Wikipedia,” 2020). Indeed, for many students, Wikipedia is their first encounter with the concepts of citation and referencing. The use of Wikipedia therefore has a positive side that merits deeper consideration than it often receives.

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An argumentative essay ends with a conclusion that summarizes and reflects on the arguments made in the body.

No new arguments or evidence appear here, but in longer essays you may discuss the strengths and weaknesses of your argument and suggest topics for future research. In all conclusions, you should stress the relevance and importance of your argument.

Hover over the following example to see the typical elements of a conclusion.

The internet has had a major positive impact on the world of education; occasional pitfalls aside, its value is evident in numerous applications. The future of teaching lies in the possibilities the internet opens up for communication, research, and interactivity. As the popularity of distance learning shows, students value the flexibility and accessibility offered by digital education, and educators should fully embrace these advantages. The internet’s dangers, real and imaginary, have been documented exhaustively by skeptics, but the internet is here to stay; it is time to focus seriously on its potential for good.

If you want to know more about AI tools , college essays , or fallacies make sure to check out some of our other articles with explanations and examples or go directly to our tools!

• Ad hominem fallacy
• Post hoc fallacy
• Appeal to authority fallacy
• False cause fallacy
• Sunk cost fallacy

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An argumentative essay tends to be a longer essay involving independent research, and aims to make an original argument about a topic. Its thesis statement makes a contentious claim that must be supported in an objective, evidence-based way.

An expository essay also aims to be objective, but it doesn’t have to make an original argument. Rather, it aims to explain something (e.g., a process or idea) in a clear, concise way. Expository essays are often shorter assignments and rely less on research.

At college level, you must properly cite your sources in all essays , research papers , and other academic texts (except exams and in-class exercises).

Add a citation whenever you quote , paraphrase , or summarize information or ideas from a source. You should also give full source details in a bibliography or reference list at the end of your text.

The exact format of your citations depends on which citation style you are instructed to use. The most common styles are APA , MLA , and Chicago .

The majority of the essays written at university are some sort of argumentative essay . Unless otherwise specified, you can assume that the goal of any essay you’re asked to write is argumentative: To convince the reader of your position using evidence and reasoning.

In composition classes you might be given assignments that specifically test your ability to write an argumentative essay. Look out for prompts including instructions like “argue,” “assess,” or “discuss” to see if this is the goal.

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What Is a Concession in a Thesis Statement?

Elissa hansen.

In academic essays, the thesis statement is the heart of your argument: It tells readers exactly what your paper will discuss and what position you’ll take on the topic. Some thesis statements include concessions, which are statements that acknowledge a different, valid perspective on the topic or that admit that your argument doesn’t address certain concerns related to the topic.

Explore this article

• Crafting Concessions
• Concession Placement
• Addressing Competing Voices
• Limiting Your Scope

1 Crafting Concessions

Concessions, also called “concessive clauses,” usually begin with a concession word or phrase such as “although,” “even though,” “regardless of,” “while” or “despite,” according to Edward C. Martin, law professor at Samford University. For example, a thesis statement that follows a concession might read, “Although coal mining creates thousands of jobs in the United States, the environmental costs of coal mining outweigh its economic benefits.” Another way to present a concession is to state the concession as a fact, then to use a contrasting conjunction when you state your own thesis: “Coal mining does create thousands of jobs in the United States; yet, the environmental costs of coal mining outweigh its economic benefits.”

2 Concession Placement

As these examples suggest, the concession usually precedes the thesis statement itself. This order is mainly to ensure that readers remember your idea most vividly; in general, people most clearly retain the last idea that they read in a series of ideas. This order also prepares the reader to launch into your first paragraph, which will likely begin with a topic sentence that supports your thesis. Note that the concession can be a separate sentence from the thesis statement. If you’re writing a concession to go with your thesis statement, experiment with different word arrangements to see which one sounds most persuasive.

3 Addressing Competing Voices

The most common use of concessions is to acknowledge that other perspectives exist on your topic. By demonstrating that you’ve understood an alternative or competing argument, a concession can bolster your argument’s authority. This kind of thesis statement can show that you’re not a binary thinker: “Although the North and the South both worried that former slaves would compete with white workers for jobs, the North dealt with former slaves far differently during the Civil War than the South did.” The concession adds complexity to a discussion of differences by acknowledging that similarities also exist.

4 Limiting Your Scope

Concessions can also clarify that you’ve considered other aspects of your topic but decided not to discuss them in this paper. This kind of concession is crucial if you’re dealing with a broad topic, since you’ll have to limit your thesis. Such a concession and thesis statement might read, “Abortion rights remain hotly contested at both the federal and state levels for complex social, economic, legal and religious reasons. However, by focusing specifically on religious organizations’ arguments against abortion in Wisconsin, I show that ….” When using this kind of concession, make sure to clarify why the narrower perspective you’ve chosen is important for readers to consider.

About the Author

Elissa Hansen has more than nine years of editorial experience, and she specializes in academic editing across disciplines. She teaches university English and professional writing courses, holding a Bachelor of Arts in English and a certificate in technical communication from Cal Poly, a Master of Arts in English from the University of Wyoming, and a doctorate in English from the University of Minnesota.

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4.6 Concessions and Counter Arguments: Practice

Learning objectives.

• Identify concessions and counterarguments
• Practice writing concessions and counterarguments

Concession Statement Practice 

Read the following paragraphs, in order to determine when the author makes concessions to his own argument.

Which sentences offer clear concessions to the author’s own argument?  There is one clear concession offered in each paragraph .

Select the highlighted part of a sentence to try and identify the correct concession.

Let’s try another. Select the  highlighted  part of a sentence to try and identify the correct concession.

In both cases, the authors offer the concession – what an opponent of his argument would state – and then the authors counter that concession with their own point, a first step towards counter-arguing.

Concession and Counterargument Practice  

Look at the following statements. In the first example, you are given the objection. The goal is to be able to structure the objection into a concession, and once you’ve done that, your next step is to reasonably counter it. You’ve been given an example to start. Your goal, in terms of structure, is to follow this pattern:

• [Some might argue/It seems logical to argue that]   add your possible Objection and Rationale for that Objection.
• [However], add your Assertion offered as a counter-point.

The first example is done for you.

Possible Objection :  Video games cause children to shoot people

Your Assertion:   Violent media existed before video games

Concession and Counter-Argument:  Some might argue that video games cause children to shoot people.  After all, youth violence appears to be on the rise in today’s world .    However , violent media existed before video games, and in order to blame video games, we would have to ignore the historical outrage at things like movies, comic books, rock and roll, and Dungeons and Dragons.

In this second scenario, you are given your assertion.  This is slightly more difficult, but the goal here is to come up with a reasonable concession and then use the objection to structure a concession and the assertion to structure a reasonable counter.  You’ve been given an example to start:

Your Assertion:   Requiring students to dress professionally restricts personal freedom.

Possible Objection :  A mandatory dress code would encourage post-secondary students to take their education more seriously.

Concession and Counter-Argument:  Although it seems logical to argue that  a mandatory dress code would encourage post-secondary students to take their education more seriously , requiring students to dress professionally restricts their personal freedom. Furthermore, post-secondary institutions like Fanshawe College are not professional workplaces, and many students learn more effectively when they dress comfortably.

Putting the Pieces Together Copyright © 2020 by Andrew M. Stracuzzi and André Cormier is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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Conceding and Refuting in English

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Conceding and refuting are important language functions in English. Here are a few short definitions:

Concede : Admit that another person is right about something.

Refute : Prove that someone else is wrong about something.

Often, speakers of English will concede a point, only to refute a larger issue: 

• It's true that working can be tedious. However, without a job, you won't be able to pay the bills.
• While you might say that the weather has been really bad this winter, it's important to remember that we needed lots of snow in the mountains.
• I agree with you that we need to improve our sales figures. On the other hand, I don't feel we should change our overall strategy at this time. 

It's common to concede and refute at work when discussing strategy or brainstorming. Conceding and refuting are also very common in all types of debates  including political and social issues.

When trying to make your point, it's a good idea to first frame the argument. Next, concede a point if applicable. Finally, refute a larger issue. 

Framing the Issue

Begin by introducing a general belief that you would like to refute. You can use general statements, or speak about specific people that you would like to refute. Here are some formulas to help you frame the issue:

Person or institution to be refuted + feel / think / believe / insist / that + opinion to be refuted

• Some people feel that there is not enough charity in the world.
• Peter insists that we haven’t invested enough in research and development.
•  The board of directors believes that students should take more standardized tests.

Making the Concession:

Use the concession to show that you have understood the gist of your opponent’s argument. Using this form, you will show that while a specific point is true, the overall understanding is incorrect. You can begin with an independent clause using subordinators that show opposition:

While it’s true / sensible / evident / likely that + specific benefit of argument,

While it’s evident that our competition has outspent us on, ... While it’s sensible to measure students’ aptitudes, ...

Although / Even though / Though it's true that + opinion, 

Although it's true that our strategy hasn't worked to date, ... Even though it’s true that the country is currently struggling economically, ...

An alternate form is to first concede by stating that you agree or can see the advantage of something in a single sentence. Use concession verbs such as:

I concede that / I agree that / I admit that 

Refuting the Point

Now it’s time to make your point. If you've used a subordinator (while, although, etc.), use your best argument to finish the sentence:

it’s also true / sensible / evident that + refutation it’s more important / essential / vital that + refutation the bigger issue / point is that + refutation we must remember / take into consideration / conclude that + refutation

… it’s also evident that financial resources will always be limited. … the bigger point is that we do not have the resources to spend. … we must remember that standardized testing such as the TOEFL leads to rote learning. 

If you've made a concession in a single sentence, use a linking word or phrase such as  however, nevertheless, on the contrary, or   above all  to state your refutation:

However, we currently do not have that capability. Nevertheless, we've succeeded in attracting more customers to our stores. Above all, the people's will needs to be respected.

Making Your Point

Once you’ve refuted a point, continue to provide evidence to further back up your point of view. 

It is clear / essential / of utmost importance that + (opinion) I feel / believe / think that + (opinion)

• I believe that charity can lead to dependence.
• I think that we need to focus more on our successful products rather than develop new, untested merchandise.
• It is clear that students are not expanding their minds through rote learning for tests. 

Complete Refutations

Let’s take a look a few concessions and refutations in their completed form:

Students feel that homework is an unnecessary strain on their limited time. While it's true that some teachers assign too much homework, we must remember the wisdom in the saying "practice makes perfect." It is essential that information we learn is repeated to fully become useful knowledge. 

Some people insist that profit is the only viable motivation for a corporation. I concede that a company must profit to stay in business. However, the larger issue is that employee satisfaction leads to improved interactions with clients. It is clear that employees who feel they are compensated fairly will consistently give their best. 

More English Functions

Conceding and refuting are known as language functions. In other words, language which is used to achieve a specific purpose. You can learn more about a wide variety of language functions and how to use them in everyday English. 

• Modifying Words and Phrases to Express Opinions
• Comparing and Contrasting in English
• Teaching Conversational Skills Tips and Strategies
• Compromise Role Play Lesson
• Subordinate Clauses: Concessive, Time, Place and Reason Clauses
• Text Organization
• Violence in the Media Needs To Be Regulated
• Phrases for Performing Well in Business Meetings
• Persuasive Writing: For and Against
• Sentence Connectors: Showing Opposition in Written English
• Adverb Placement in English
• Intermediate Level English Practice: Tenses and Vocabulary
• The Use of More in English
• The Challenge of Teaching Listening Skills
• Paragraph Writing
• How to Write a Business Report for English Learners

14 Identifying Concessions and Counter Arguments

Andrew Stracuzzi and André Cormier

Learning Objectives

• Identify the parts of a reasonable concession
• Evaluate paragraphs for concessions
• Apply concession format to a series of sentences

Let’s take some time to learn how to concede logical points and then to counter them appropriately. These skills are INCREDIBLY IMPORTANT. Oftentimes, only the strongest and most confident writers can write in a concession-style. Your use of concession-style thesis statements, and concessions throughout a response, signals to your readers that you are a confident and capable writer and critical thinker. Concessions are invaluable to DISCOURSE and DIALOGUE, the two most important parts of responsible argumentation.

The purpose behind this chapter and its activities is to teach you how to concede strong points, and more importantly, how to counter them effectively.  Students new to writing arguments often think that including concessions will weaken their argument or that a reader will be more likely to agree with them if they pretend that no weaknesses exist in the argument. This assumption is untrue. In fact, your willingness to admit where the prompt writer’s argument has value and either present an extension of that argument or move it in a different direction is really impressive.

What is more, you will be learning to grow comfortable in conceding that your own argument might have limitations. All arguments have limitations, whether they belong to a prompt writer or to you. Remember the final instruction given to you before all prompt responses?

Your essay should also consider at least one objection a reader might have to  your  argument. You may respond to this objection in different ways. For example, you may argue against the objection, or you may acknowledge that the objection is a good point and incorporate it into your argument. It’s up to you.

At a very basic level, the purpose behind learning counter-arguments is because the prompt instructions on each prompt ask you to do so.  The goal of that instruction is to teach you how to strengthen your argument.  Acknowledging weaker points (or strong points from your opposition) makes your writing more compelling because it demonstrates to your reader that 1) you have actually considered the topic without making snap judgments, and 2) you are not hiding the weaknesses of your argument from your reader, hoping that they will miss them.

More importantly, it creates an honest relationship between you and your reader, which is essential because some audiences will know something about the topic of your argument already, and they could have oppositions to offer.  Ultimately, you need to learn how to concede and counter in writing because you cannot respond to a reader’s objections verbally, as you might in a conversation.  The greater challenge is to anticipate the objections and respond to them before they come up. This strategy is akin to an artist writing a diss track in which they not only identify faults in their rival, but also in themselves. What ammunition is left for their rival in response? When you “anticipate and defend,” there is little left for the opposition. It is a proven strategy.

To begin the process, we need to understand how to make reasonable concessions first.  It’s likely that you may have already learned how to make one of these two types of concessions early in your WRIT course, but let’s look over them again.

First, read the following prompt below.  You can also Download a PDF version , if you prefer.

Drink Your Way to Success Randolph Hennepin

The following editorial appeared in the May/June 2014 issue of Today’s Student

     Success in just about any profession often depends on a person’s ability to network, and to develop contacts. A prime way to network is over drinks. In fact, a person who does not drink is less likely to be successful than one who does . Students who spend time drinking rather than studying are ensuring their eventual success.

     Facts are facts. A recent study “found drinkers earn between 10 and 14 per cent more than non-drinkers.” Further, according to the same study, men who go to a bar at least once a month earn an additional 7 per cent. The reason for the success of drinkers, according to the author of the study, is that “Social drinking builds social capital. Social drinkers are networking, building relationships and adding contacts to their [phones] that result in bigger paycheques.”

     Perhaps this study is not good news for people who do not drink. Perhaps these people feel that there are other ways to develop contacts, such as getting involved in charitable organizations or meeting colleagues for breakfast instead of in a bar after work. While these strategies do have merit, neither is as effective as the social networking that occurs while drinking.

     In fact, a reasonable conclusion from this study would be to encourage students to learn how to drink. Knowing how to drink without embarrassing oneself is a key skill in business, as the above study proves. Therefore, students should not feel guilty about spending evenings drinking instead of working or studying, since drinking will lead to their eventual success. Students should not focus on school other than to do well enough to pass; otherwise, they are doomed to earn less than their peers who put their study time to good use by hitting the bottle.

Now, look at these straightforward responses to the prompt and determine which one uses a  general concession,  and which one uses a  specific concession .

• Introduction: Version 1
• Introduction: Version 2

Activity 1: Identifying Concessions

Which introduction in the above example uses a more specific concession? Vote on your choice below and then view the results. Click  the accordion below to learn more.

The next section includes practice activities for concessions and counterarguments.

Identifying Concessions and Counter Arguments Copyright © by Andrew Stracuzzi and André Cormier is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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21 Argument, Counterargument, & Refutation

In academic writing, we often use an Argument essay structure. Argument essays have these familiar components, just like other types of essays:

• Introduction
• Body Paragraphs

But Argument essays also contain these particular elements:

• Debatable thesis statement in the Introduction
• Argument – paragraphs which show support for the author’s thesis (for example: reasons, evidence, data, statistics)
• Counterargument – at least one paragraph which explains the opposite point of view
• Concession – a sentence or two acknowledging that there could be some truth to the Counterargument
• Refutation (also called Rebuttal) – sentences which explain why the Counterargument is not as strong as the original Argument

Consult  Introductions & Titles for more on writing debatable thesis statements and  Paragraphs ~ Developing Support for more about developing your Argument.

Imagine that you are writing about vaping. After reading several articles and talking with friends about vaping, you decide that you are strongly opposed to it.

Which working thesis statement would be better?

• Vaping should be illegal because it can lead to serious health problems.

Many students do not like vaping.

Because the first option provides a debatable position, it is a better starting point for an Argument essay.

Next, you would need to draft several paragraphs to explain your position. These paragraphs could include facts that you learned in your research, such as statistics about vapers’ health problems, the cost of vaping, its effects on youth, its harmful effects on people nearby, and so on, as an appeal to logos . If you have a personal story about the effects of vaping, you might include that as well, either in a Body Paragraph or in your Introduction, as an appeal to pathos .

A strong Argument essay would not be complete with only your reasons in support of your position. You should also include a Counterargument, which will show your readers that you have carefully researched and considered both sides of your topic. This shows that you are taking a measured, scholarly approach to the topic – not an overly-emotional approach, or an approach which considers only one side. This helps to establish your ethos as the author. It shows your readers that you are thinking clearly and deeply about the topic, and your Concession (“this may be true”) acknowledges that you understand other opinions are possible.

Here are some ways to introduce a Counterargument:

• Some people believe that vaping is not as harmful as smoking cigarettes.
• Critics argue that vaping is safer than conventional cigarettes.
• On the other hand, one study has shown that vaping can help people quit smoking cigarettes.

Your paragraph would then go on to explain more about this position; you would give evidence here from your research about the point of view that opposes your own opinion.

Here are some ways to begin a Concession and Refutation:

• While this may be true for some adults, the risks of vaping for adolescents outweigh its benefits.
• Although these critics may have been correct before, new evidence shows that vaping is, in some cases, even more harmful than smoking.
• This may have been accurate for adults wishing to quit smoking; however, there are other methods available to help people stop using cigarettes.

Your paragraph would then continue your Refutation by explaining more reasons why the Counterargument is weak. This also serves to explain why your original Argument is strong. This is a good opportunity to prove to your readers that your original Argument is the most worthy, and to persuade them to agree with you.

Activity ~ Practice with Counterarguments, Concessions, and Refutations

A. Examine the following thesis statements with a partner. Is each one debatable?

B. Write  your own Counterargument, Concession, and Refutation for each thesis statement.

Thesis Statements:

• Online classes are a better option than face-to-face classes for college students who have full-time jobs.
• Students who engage in cyberbullying should be expelled from school.
• Unvaccinated children pose risks to those around them.
• Governments should be allowed to regulate internet access within their countries.

Is this chapter:

…too easy, or you would like more detail? Read “ Further Your Understanding: Refutation and Rebuttal ” from Lumen’s Writing Skills Lab.

Note: links open in new tabs.

reasoning, logic

emotion, feeling, beliefs

moral character, credibility, trust, authority

goes against; believes the opposite of something

ENGLISH 087: Academic Advanced Writing Copyright © 2020 by Nancy Hutchison is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License , except where otherwise noted.

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Concession Examples

In argumentative speech and writing, the speaker or writer makes an argument supported by claims , or evidence. Sometimes, the writer or speaker also includes a concession , which is when the opposing viewpoint is acknowledged. By making a concession to the opponent, the speaker or writer lets readers know that he or she has considered the other side of the argument and understands it. This makes the overall argument stronger.

A teenager arguing to her parents that she needs a cell phone makes the following concession :

I know that you think I will just use the phone to text during class and call friends instead of doing homework. Could we agree to let me try the phone for a month, and if I do these things, you can take the phone away?

A politician arguing that his country needs to send troops into a warzone makes the following concession :

I know that any time we send troops into harm's way, it is a risk that some will not come back. However, there are innocent women and children being murdered, and we cannot stand idly by. Our men and women wear the uniform for just such a time as this.

A businessman making a proposal for a new skin product makes the following concession : This is a tough market, with many skin care products already out there. However, this product is different-it provides the same level of advanced skin care for a fraction of the cost.

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Concession Paragraphs for IELTS

Posted by David S. Wills | Jan 25, 2021 | IELTS Tips , Writing | 0

In IELTS writing task 2, you might find that you need to include a concession paragraph . In today’s lesson, I will tell you everything you need to know about this feature of academic writing. We will explore:

• What concession means
• What a concession paragraph is
• Why you might need one for IELTS
• Some examples

What Does “Concession” Mean?

The word “concession” is the noun form of the verb to “concede.” This means “admit or agree that something is true after first denying or resisting it.” Thus, “concession” can mean the admission of something contrary to your belief.

An example is this:

A man believes that capital punishment is wrong, but he admits that some extreme crimes, such as genocide, might warrant its use. This is his “concession.”

In that example, the man understands that his belief has some limitations. By admitting those limitations, he is making a concession.

What is a Concession in Writing?

In an academic essay, you are supposed to show your ability to think logically and critically. Even when you are not required to show balance, it is a sign of intelligence that you can acknowledge opposing ideas and arguments. Therefore, making concessions is quite useful.

In an essay, then, we might include a concession such as the above example. That would involve stating our own opinion but admitting that in some instances it is not 100% true.

For example:

Whilst I firmly believe that laws should be implemented to require people to recycle more of their household rubbish, it is important to note that not all people have the facility to do so. In rural areas, for example, there may be no local recycling centre, and so punishing these people would be unreasonable.

Here, we can see that the writer’s belief is that these laws should be implemented. However, they concede the point that those laws cannot be applied to all people. This is an example of how a concession could be made in writing.

What is a Concession Paragraph?

A concession paragraph is the part of an essay that shows an awareness of opposing ideas. Although this does not entirely concede the main point of the author’s essay, it provides an acknowledgement of the validity of other ideas, thereby demonstrating maturity and complexity of thought.

There are essentially two reasons that you might include a concession paragraph:

• To provide balance to your essay to show the degree to which you agree/disagree
• To acknowledge an opposing idea even though you don’t fully agree with it

As you can see from the use of the words “agree” and “disagree” here, concession paragraphs are quite useful in IELTS essays that ask you whether you agree or disagree with something.

The degree to which a concession paragraph actually acknowledges the other side of the debate as valid also entirely depends on your purpose. For example, you might want the whole paragraph to show a valid opposing argument for the purpose of balance or else you might just show the opposing argument and then refute it.

There are no set rules to the use of concession paragraphs, so they could appear almost anywhere in the body of an essay. For IELTS, you would typically have four paragraphs , and it is quite possible to include the concession as either the second or third. It depends on your focus and purpose.

How to Start a Concession Paragraph

The most important thing about writing a concession paragraph is making it clear to your audience that you are conceding a point rather than making a point. What I mean is that the reader needs to understand that this is not your main idea, but rather you are admitting something contrary to your viewpoint.

For example, if you want to argue that zoos don’t belong in the modern world because of animal rights issues, but you do admit that they can serve some positive function, then you might include a concession paragraph. You should start it in a way that makes clear to the reader that these ideas are contrary to your main point.

Here are some examples of how to start a concession paragraph:

• While I am generally opposed to the idea of zoos, I admit that they have some value…
• Although zoos should probably be outlawed for the sake of animal rights, there are some admittedly reasonable arguments in favour of them…
• In spite of my previous arguments, I must concede that there are some positive aspects to zoos…
• However, there are several reasons why perhaps zoos should be allowed to exist.

You can see that three of these sentences begin with subordinating conjunctions and one begins with a conjunctive adverb. (Learn about the difference here .) The meaning in each case shows contrast. In other words, the paragraph that follows will present ideas contrary to your personal ones.

Another way to start a concession paragraph is to invoke the idea of the people who generally hold that opinion:

• Some people believe that zoos are beneficial…
• Many people think that zoos are good places…
• Supporters of zoos think that…

Whatever you use to start your concession paragraph, it is important that you make it clear that this is not your main idea. If you fail to make it clear, you will not score highly for Coherence and Cohesion .

Do You Need Concession Paragraphs for IELTS?

Concession paragraphs can be useful in IELTS writing task 2 essays, but they are by no means essential . There is nothing in the marking rubric to say that you absolutely must use them.

However, as I have previously mentioned, they can be quite useful, particularly for agree or disagree type questions. They show a depth of thought, telling the examiner that you are a mature thinker by conveying more complex ideas than a straightforward essay with no concessions given.

Let’s say that you are given an agree or disagree question that asks you whether this is the best era to be alive. You might think, “It is probably the best, but there are some parts of the past that were pretty good, too.” Whilst it is easier to give a straightforward answer that totally agrees or disagrees, it can be useful to provide balance and so you might want to include a concession paragraph.

Your structure could look like these:

As you can see, there is only a slight difference in structure here. However, you need to think carefully about how to present these ideas. Remember that your overall position needs to be consistent, so you cannot say in your introduction, “I completely agree…” and then later decide to include a concession paragraph.

Ok, now let’s look in more depth at the question I alluded to above:

Advances in science and technology and other areas of society in the last century have transformed the way we live as well as postponing the day we die. There is no better lime to be alive than now. To what extent do you agree or disagree with this opinion?

My viewpoint here is that the present is probably the best but that it is a difficult question because it is not the best for everyone and certain points in time may have been better for certain groups of people, or indeed for the planet as a whole.

My structure will be:

Many people believe that this is the best time to be alive, but others suggest that there were better times in history. This essay will suggest that it depends on many factors, but that today might be the best time for some people.

To begin with, it is important to acknowledge that the idea of a best time to live is dependent on many factors, including your location, gender, and the things in life that are important to you. Throughout much of human history, there has been great inequality, particularly affecting women and homosexuals. Due to sudden advancements in human rights over the past century, the modern era would surely be the best because it allows more opportunities. However, not all of the world agrees upon human rights and so it depends entirely where these people live. Similarly, it has always been difficult to be part of a racial or religious minority, but in the modern era there is more tolerance than ever before. As for those who do not fall into these categories, such as men of the dominant majority, there are many benefits also, such as being unlikely to be sent to war now.

However, this overlooks some of the important and positive parts of the past. For one thing, humans have utterly destroyed the planet over the past century, and for those who care about nature, it might be better to have lived at a time when it was still thriving. People who love mystery and romance also would have been better living in the past, for nowadays knowledge can be found easily on a smartphone, taking the joy of discovery out of life. In the past, these people could have travelled the globe in search of unknown places, but now none exist. As for the diversity of human culture, this has also vanished, leaving a sterile world ravaged by globalisation, where people of all nationalities seem to listen to the same dull music and possess the same greedy dreams of wealth.

In conclusion, there are major arguments for and against the present being the best time to live and it would totally depend on a person’s personality, and for most people the present is probably the best.

As you can see, my introduction and conclusion give my position, which is that the present is probably the best time to live for the majority of people.

The body paragraphs present a complex view. In my second paragraph, I argue in favour of the present and in the third I argue in favour of the past. This is a good structure to use for a concession paragraph.

In terms of internal paragraph structure , I have attempted to also include elements of concession, meaning that even within a paragraph that says “the present is the best” I refute this to some extent by saying “it is not the best for 100% of people.” Again, this shows the writer as a mature thinker capable of expressing complicated ideas.

Let’s look at another sample question and answer to better understand how and why we can use concession paragraphs for IELTS.

Here is the question:

The most important consideration when choosing any career or job is having a high income. To what extent do you agree or disagree?

Basically, to this question I would want to say “having a high income is really important but it is not the most important thing.” To show this, I will give a paragraph that says money is important and then another paragraph that emphasises other things.

My structure would be:

When thinking about a new job, salary is certainly the first thing that comes into most people’s heads. It is, in many ways, the ultimate reward for a job, and also a significant part of our life and self-worth. However, this essay will argue that it probably should not be the most important consideration.

Firstly, let us look at why salary is so highly regarded. It is a fact that money makes our modern societies tick. Without money, we cannot have a home, cannot eat or drink, and cannot pay our taxes. We would simply not be able to get by without money, and so we need at least some income. There are many luxuries available to those with high salaries, and a great deal of social status. These things encourage people to seek higher salaries. Ultimately, money can give us a far better life, and even ensure the quality of life for our descendants, and so for most of us, salary really is the foremost consideration when seeking a job.

However, perhaps this should not be the case. After all, many people who spend all their time working to earn a high salary have a very low level of contentment, high degrees of stress, and die at a younger age. If money has done that to them, can it really be so important? Perhaps it is better to seek a job that can give you purpose or satisfaction. The people who report the highest levels of happiness are not those with high salaries, but those whose jobs contribute to the wider society, and who get to communicate with more people on a daily basis. Their life has meaning and interaction, which are far more valuable than money.

In conclusion, although money is undoubtedly important and can bring great benefits to our life, it probably should not be the most important consideration in finding a new job.

This example answer is different to the first because here I have placed the concession paragraph before the main idea. This allows me to present those opposing ideas clearly and then refute them intelligently. It shows a great depth of thought and a mastery of logic.

Conclusion – How Important are Concession Paragraphs for IELTS?

We have seen in this lesson that concession paragraphs are very useful for IELTS, but of course they are never truly necessary. If you have to answer an agree or disagree question, you could definitely put them to good use, but there is nothing in the marking rubric that explicitly says you must do this.

As such, I would recommend concession paragraphs to those students looking for a band 7 or higher in their test. Honestly, if you are routinely scoring band 6 or lower, you probably would struggle to employ this method of writing effectively and it could pose more problems than benefits for you. 

About The Author

David S. Wills

David S. Wills is the author of Scientologist! William S. Burroughs and the 'Weird Cult' and the founder/editor of Beatdom literary journal. He lives and works in rural Cambodia and loves to travel. He has worked as an IELTS tutor since 2010, has completed both TEFL and CELTA courses, and has a certificate from Cambridge for Teaching Writing. David has worked in many different countries, and for several years designed a writing course for the University of Worcester. In 2018, he wrote the popular IELTS handbook, Grammar for IELTS Writing and he has since written two other books about IELTS. His other IELTS website is called IELTS Teaching.

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What We Lost During Last Night’s Cringeworthy Debate

T he first presidential debate of this protracted presidential season was a horror show. Preceded by what seemed like weeks of excited speculation, idiotic predictions, and presumptive pre-debate analysis, when the debate actually happened, it demonstrated the dire choice that the two major political parties have given the electorate: pick the ranting liar and fear-mongering xenophobe, or choose the befuddled, stumbling man whose attempts to explain policy. (“I support Roe v. Wade , which had three trimesters”?) It was painful to watch.

One might rightly wonder what purpose presidential debates serve, particularly this year. We already know both candidates pretty well, and if we don’t, we have four more months to learn that Trump neither cares for the duties of office or the complexities of foreign affairs (and cultures), but does possess a talent for stirring up prejudice, for making people laugh, and for making them fearful. He does not answer questions. Last night, he avoided the question on the war in Gaza. He punted on the opioid crisis and climate change. He makes no appeal to decency, which is Biden’s forte (or was). But decency without backbone is what makes Biden appear, well, doddery. And we can watch that too until November. In fact, this otherwise consequential president seemed most focused when he talked about hitting a golf ball.

Read More: Calls for Biden to Step Aside Are About to Get Deafening

Part of the problem is that we live in a visual age. As a result, though we value them, our presumptive leaders become leaders even if they lack oratorical skills. In fact, it’s not surprising that the first well-known presidential debate , in 1960, occurred when television was a relatively new medium, and it did Richard Nixon no favors. No one remembers what he said, just how he looked. (Actually, the first televised debate, between candidates Adlai Stevenson and Dwight Eisenhower , took place four years earlier but without them; they used stand-ins, Eleanor Roosevelt and Margaret Chase Smith.) Before that, presidents depended on radio, with Franklin Delano Roosevelt’s “fireside chats” bringing him, and his voice, with its powers of persuasion, into one’s home. Before that, we debated in the public square of newspapers. Word, skillfully written, can change minds. Consider Lincoln and Douglas, a debate for a seat in the Senate, and the rest is history.

So oratory matters. The ability to persuade, through words, mattered. It still does, which is why last night’s debate was so chilling. When William Jennings Bryan was nominated by Democrats as their presidential candidate for the third time in 1908, even though he’d been unsuccessful twice before, it was because of his oratorical gift. His voice, once heard, was never forgotten. He could address a crowd of 20,000 and make the audience feel as though he spoke directly to each and everyone one of them and he understood what they needed. They called him the “Great Commoner.” He even started a newspaper so he could write column after column and deliver what amounted to sermons.

And, like all good orators, he knew how to perform. He did not want his tie too straight. Bryan practiced parts of his famous “Cross of Gold” speech , one of the most famous in American political history, for months and months before he delivered it in 1896 at the Democratic National Convention. He bounded onto the stage, raised his arms, and then spoke in the lyrical, cadenced phrases of Scripture. “We are fighting in the defense of our homes, our families, and posterity,” Bryan declared. “We have petitioned, and our petitions have been scorned; we have entreated, and our entreaties have been disregarded; we have begged, and they have mocked when our calamity came. We beg no longer; we entreat no more; we petition no more.” It was good stuff.

Read More: These Are the Biggest Moments in the First Presidential Debate

But performance needs substance. And so Bryan would eventually meet his nemesis when he was confronted by an orator even more practiced, clever, and dramatic than he. That was Clarence Darrow, the celebrated lawyer in rumpled clothes whose talent for mesmerizing juries with his impression of humility (some of which was genuine) was unparalleled. Though not a politician, or at least not a professional one, Darrow was a man who could deliver a rational argument with much emotion. It was a winning combination.

Take his defense of Nathan Leopold and Richard Loeb, two teenagers accused of the gruesome and motiveless murder of 14 year-old Bobby Franks. Darrow had Leopold and Loeb plead guilty to avoid a jury trial so he could argue before the judge that their lives should be spared. Claiming Leopold and Loeb were just adolescents, the products of genetics and environment, Darrow said they were essentially without free will. “They killed,” said Darrow, “because hey were made that way.” At the same time, let us not blindly and cruelly call for yet another death, he implored the judge. Let us acknowledge that capital punishment grows out of our primitive need for vengeance, and let’s acknowledge that our killing two defective, two abnormal adolescents would not prevent other impaired boys or malevolent men or vicious women from committing murder.

“I sometimes wonder whether I am dreaming, whether I am not living in centuries long gone by, when savagery roamed wild, and the world was wet with human blood?” he concluded at the trial’s end. It was a consummate performance: a rational argument topped off by an emotional one. Leopold and Loeb received life sentences.

When Darrow and Bryan confronted each other in the courtroom, both of them, like Biden and Trump, were considered past their prime. Certainly they weren’t vying for the Oval Office, and their confrontation took place in a court of law, not on a television set. But they were jousting over the meaning of America and America’s future with far more passion, compassion, and reasonableness than anything that happened last night on the debate stage. For all his faults, Bryan was an optimistic idealist who thought he could improve the lives of ordinary men and women. He was a progressive who sincerely believed—and fought for—such reforms as the government ownership of utilities, a graduated income tax, currency reform, woman's suffrage and, for better and worse, Prohibition, which, in his mind, would help purify the nation by abolishing alcoholism, child abuse, and violence against women.

But when he wanted to turn the country into a Christian theocracy, Darrow objected. Their showdown took place in the summer of 1925 over a law recently passed by the Tennessee legislature that barred teaching the theory of evolution in public schools. It later became known, famously, as the Scopes Trial .

Darrow volunteered to defend the young schoolteacher who had purposefully broken the law (to test it), and he mustered, once again, all his oratorical skills. “Ignorance and fanaticism are ever busy and needs feeding,” Darrow declared. “Today it is the public school teachers, tomorrow the private. The next day the preachers and the lecturers, the magazines, the books, the newspapers. After a while, it is the setting of man against man and creed against creed until with flying banners and beating drums we are marching backward to the glorious ages of the sixteenth century when bigots lighted fagots to burn the men who dared to bring any intelligence and enlightenment and culture to the human mind."

“No subject possesses the minds of men like religious bigotry and hate,” Darrow concluded, “and these fires are being lighted today in America.”

He spoke without notes. He was persuasive and passionate. That’s what I thought about—what we had lost—as I watched last night’s sad, cringeworthy debate.

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Opinion: Why we need to hear concession speeches

By Jay Evensen

In retrospect, the biggest news story from 1960 may have been one that got buried in many newspapers. It was a joint statement from Richard Nixon’s press secretary and presidential campaign manager, saying Nixon would not challenge John F. Kennedy’s election to the White House.

Yes, it’s hard to win arguments by appealing to former President Richard Nixon’s virtues, but his eventual resignation many years later, after the Watergate scandal, makes his actions on that Nov. 11, three days after Election Day, all the more powerful. If even Nixon could put the needs of the country ahead of his own ambitions and the urgings of many supporters, what does that say about a subset of Republican candidates today who have trouble answering whether they will accept election results?

As I write this, Utah gubernatorial candidate Phil Lyman has yet to concede to incumbent Gov. Spencer Cox, despite trailing in the count by roughly 13 percentage points. That is a wide margin — a gap, as I write this, of about 40,000 votes.

In the four-way race for Senate, all three losing candidates have conceded to the winner, John Curtis. Riverton Mayor Trent Staggs, the second-place finisher, was the last to do so on Thursday.

Election concessions are an important American tradition. Nothing in law compels a candidate to formally concede, nor does the refusal to do so affect the outcome in any way. But the effect is cathartic to the pent-up emotions of a campaign.

To be fair, Lyman has said he wants to analyze all the results first. That is understandable. Ballots remain to be counted.

However, he also has attorneys looking at potential lawsuits. Implied is a lack of trust in the election process, or in its ability to catch large-scale fraud.

Trusting the election process is, of course, paramount for any democracy that vests political power in the hands of voters. Lose that trust and you risk losing everything.

Just as important, however, is the need to unite voters after a difficult election season.

The orderly passage of power, and the orderly retention of power, is a vital American attribute. It’s just as important in state offices, from the smallest school board to the mansions of governors, as it is in deciding who occupies the White House.

It reveals who we are as a people and whether we can subjugate the pursuit of power to the greater good of community, state or nation. It signals to partisan followers that they can lay aside animosities for a season and accept the will of voters, a will that presidential candidate William Jennings Bryan told the winner, William McKinley, in his 1896 concession telegram, “is law.”

Think of how soothing it was to hear Al Gore, after weeks of grueling recounts and a difficult Supreme Court ruling, say, “What remains of partisan rancor must now be put aside, and may God bless his (George W. Bush’s) stewardship of this country.”

Despite current narratives, voter fraud is rare, particularly in Utah.

A r ecent KSL-TV investigation found that only 32 cases of alleged fraud have been prosecuted in Utah since 2012, totaling 58 charges.

Derek Monson, chief growth officer at the conservative Sutherland Institute, told me the nation’s election system, in which 3,143 separate counties conduct elections using separate laws, methods and policies, makes it almost impossible to conduct fraud on a scale that could alter an election. The same could be said for Utah’s 29 counties. The number of people needed to pull off such a thing would be prohibitive.

Nixon no doubt felt he had a lot of reasons to contest that 1960 election, even though he had conceded on election night. There were rumors that 50,000 ballots had been thrown out in Texas because of technicalities. Voters in one area were confused by a system requiring them to scratch out the names of each candidate they did not want, leaving only the name of the candidate they voted for untouched.

More rumors swirled in Illinois, where the candidates were separated by only 9,000 votes.

But Nixon called everything off, reportedly telling a friend , “our country cannot afford the agony of a constitutional crisis.”

That may be ironic, considering what eventually happened to his administration 14 years later, but it did diffuse tensions in 1960.

No, concessions aren’t a required part of our electoral process, but I hope we eventually hear them in all races this year. At a time when political tensions are tinder-dry, they might keep people from lighting matches.

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The Supreme Court’s New Leaked Abortion Draft Reeks of Cynicism

On Wednesday morning, the Supreme Court inadvertently released a draft of its decision in Moyle v. United States , a major case about emergency abortions. First obtained by Bloomberg News , the draft shows the court planning to punt the case, sending it back down to the lower courts without any decision on the merits. It also reinstated an injunction requiring Idaho to permit abortions in the case of major health crises.

This outcome reeks of a cynical compromise, secured by the more tactical conservative justices, to push this explosive issue past this fall’s election. The Republican Party’s position—that states may force patients to the brink of death before allowing them to terminate a failing pregnancy— is politically toxic . A Supreme Court decision allowing states to impose such a draconian policy could hurt Republicans, and Donald Trump specifically, in November. The three less-extreme conservative justices may have therefore figured out a way to punt the case. Yet they also gave us good reason to believe that when it comes back around next year, they will side with the red states that wish to enforce their abortion bans against patients in extreme medical distress.

Moyle revolves around the Emergency Medical Treatment and Labor Act, known as EMTALA, which Congress enacted in 1986. The law requires hospitals that accept federal funding to provide stabilizing care for any “emergency medical condition” that poses “serious jeopardy” to a person’s health. Abortion is the standard of care for many pregnancy-related conditions, and hospitals have long provided the procedure when necessary to stabilize a patient. At least half a dozen states, however, have enacted abortion bans so stringent that they conflict with EMTALA’s commands. Idaho, for instance, criminalizes abortion except when it is necessary to prevent a patient’s death. (Doctors who perform an abortion before the patient is close enough to death face a mandatory minimum of two years’ imprisonment.)

Joe Biden’s Department of Justice sued Idaho, alleging that EMTALA preempts state law. A district court agreed, issuing an injunction that required Idaho to allow abortions when a patient’s health (but not necessarily her life) was in serious jeopardy. The Supreme Court halted that injunction and took up the case before the appeals court could issue a decision on the merits. As soon as SCOTUS intervened, Idaho doctors had to start airlifting pregnant patients to neighboring states to obtain emergency abortions that were illegal under Idaho law.

If the draft opinion is accurate, then the Supreme Court has decided that it should not have intervened in the first place. It reached this conclusion by a 5–4 vote: Justices Elena Kagan and Sonia Sotomayor joined with Justices Amy Coney Barrett and Brett Kavanaugh, as well as Chief Justice John Roberts, to dismiss the case as “improvidently granted,” with a one-line per curiam opinion. These justices also voted to lift the stay on the injunction that had protected Idaho patients, and they were joined by Justice Ketanji Brown Jackson on that front. (Jackson would have decided the case against Idaho rather than dismissing it.) The compromise seems obvious: Kagan and Sotomayor agreed to dismiss the case in exchange for a reinstatement of the stay in Idaho.

Barrett wrote to explain her vote, joined by Roberts and Kavanaugh. Her draft concurrence should throw cold water on anyone tempted to call this move a victory for reproductive rights. The justice makes two key points. First, she claimed that Idaho has expanded access to emergency abortions beyond what it initially represented, while the DOJ has narrowed EMTALA’s scope beyond what it initially claimed. She cited concession by Idaho’s attorney during oral argument that the state would allow abortions in an emergency situation in which death is not inevitable, like preeclampsia and preterm premature rupture of the membranes. In light of this shift, Barrett wrote, it’s unclear how state and federal laws conflict, requiring further lower court proceedings. And she voted to lift the stay not because she agrees with the DOJ’s interpretation of EMTALA but because, “even with the preliminary injunction in place, Idaho’s ability to enforce its law remains almost entirely intact.”

Second, and more ominously, Barrett cited an alarming constitutional theory that Idaho brought at the eleventh hour. Congress enacted EMTALA pursuant to the spending clause, under which the federal government may offer (or withdraw) funds with certain strings attached. Idaho alleges that Congress cannot mandate funding conditions that force recipients to violate states’ criminal laws. If that’s true, then even if EMTALA requires emergency abortions when a patient’s life is at risk, it must yield to state bans that criminalize such care. In her draft concurrence, Barrett called this novel theory “difficult and consequential,” urging the lower courts to address it. Her opinion reads like an invitation for Idaho to develop this concept more fully and present it next term, when she—and Roberts and Kavanaugh—will be less prone to the pressures of an impending presidential election and thus likely more amenable to it.

As with any Barrett opinion, a casual reader may find herself nodding along, persuaded by the clear writing and smooth reasoning. But ponder this draft concurrence for more than a few minutes and it falls apart. Yes, the Department of Justice and Idaho have whittled down the scope of their disagreement—but so what? The conflict is still there, in the text of the respective laws and in their potential applications. The Idaho Supreme Court has already provided its definitive interpretation of the state ban, declaring that it permits abortion only when necessary to prevent death, not to protect a patient’s health more broadly. Yet Barrett credited the unfounded assertions of the midlevel state lawyer, Joshua Turner, who argued the case before them. Turner’s legally meaningless thought bubbles will not protect a doctor accused of violating the ban. As Jackson wrote in her partial dissent: “Some of my colleagues latch onto the bald representations of Idaho’s counsel, using them as an escape hatch that justifies our dispensing with having to issue a merits ruling in these cases.”

If Barrett were even remotely inclined to interpret EMTALA as a protection for abortion patients, she would not have performed this casuistic jujitsu. For the Supreme Court’s purposes, all that matters is the existence of a conflict, which even Barrett had to acknowledge while fudging its contours. That conflict gave the justices an opportunity to decide the foundational question: Does EMTALA override the most extreme applications of state abortion bans? SCOTUS could have said yes, then sent the case back down for the lower courts to apply it on the ground. The district court could have sussed out the precise scope of the clash between state and federal laws and delineated the point at which EMTALA supersedes Idaho’s ban. Barrett’s refusal to take this course of action suggests that she is not prepared—indeed, will never be prepared—to enforce EMTALA against the states.

So, why the punt? A generous explanation is that Barrett could not swallow the consequences of a decision for Idaho. Justice Samuel Alito’s draft dissent, joined by Justices Clarence Thomas and Neil Gorsuch, is unyielding in its cruel disregard for women’s health; he acknowledged, for instance, that Idaho’s ban may require doctors to stand by and wait for a pregnant patient to develop “infection and serious risk of sepsis” before terminating her failing pregnancy. This borderline sadistic position may have been too much for Barrett to accept. Perhaps she would rather wait to embrace Idaho’s legalistic theory about the spending clause to obscure the human suffering this approach would unleash.

A cynic, though, might assume that Barrett, along with Kavanaugh and Roberts, wants to push this issue past the presidential election. Biden has centered his campaign on reproductive rights, highlighting women who were nearly killed by abortion bans and laying the blame at Trump’s feet. A decision freeing states to continue denying emergency abortions to patients in distress would vividly illustrate the devastating fallout from the Supreme Court’s reversal of Roe v. Wade . It would remind voters that Trump created this court, stacking it with surefire votes against abortion rights, and raise the stakes for reproductive freedom in the run-up to November. Now the court that Trump made is planning to quietly duck out of the limelight on this issue.

But it can’t stay away for long. The U.S. Court of Appeals for the 5 th Circuit has already ruled against the Biden administration’s interpretation of EMTALA, subjecting millions of women to far-reaching bans on emergency abortions. This issue will boomerang back up to SCOTUS, and it will have to make a decision. As Jackson wrote in her draft opinion, “Storm clouds loom ahead.” How far ahead? Maybe not even a year—maybe until just after November. Until then, patients in Idaho have some semblance of protection in an injunction. And tens of millions of others face the harrowing uncertainty that the Supreme Court just indefensibly prolonged.

This is part of  Opinionpalooza , Slate’s coverage of the major decisions from the Supreme Court this June. Alongside  Amicus , we kicked things off this year by explaining  How Originalism Ate the Law . The best way to support our work is by joining  Slate Plus . (If you are already a member, consider a  donation  or  merch !)

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Democratic Donors’ Big Question: What’s Plan B?

An unsteady debate performance by President Biden has scrambled the thinking among some donors about whether the party needs to find an alternative.

By Andrew Ross Sorkin ,  Ravi Mattu ,  Bernhard Warner ,  Sarah Kessler ,  Michael J. de la Merced ,  Lauren Hirsch and Ephrat Livni

Post-debate panic

After a bruising 90-minute debate that underscored President Biden’s single-biggest weakness — concern about his age — Democratic donors exchanged panicked texts and emails with one question: What’s Plan B?

The 81-year-old Biden’s halting, shaky performance against a confident (if sometimes misleading) showing by Donald Trump has set off alarm among Democrats with just seven weeks before the Democratic National Convention and four months before the November election.

Some party faithful who were suppressing their doubts about Biden are now privately lobbying Democratic leaders and scouring rule books to figure out how to change the presidential ticket.

“Disaster,” one unnamed Democratic donor told CNBC after the debate, reflecting the mood among the party’s moneyed class. Other reactions included “absolute train wreck” and “game over.” “Do we have time to put somebody else in there?” Mark Buell, a well-known Democratic donor, told The Times.

Biden himself brushed off the concerns . But even Vice President Kamala Harris conceded that he’d had a “ slow start ” to the debate.

Biden skeptics said the performance justified their concerns. Many business leaders, including Elon Musk and the financier Bill Ackman, have bemoaned having to choose between Biden and Trump. After the debate, Ackman, who backed Dean Phillips in his Democratic presidential bid, posted to X that Trump was “going to win in a landslide . The country should rally around Trump and help him succeed.”

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