Introduction: The (Ab)use of Language in Legal Discourse

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Culture and Negotiation Strategy

In this article the authors investigate the relationship between culture and joint gains by examining the role of information sharing and power strategies in intracultural negotiations. Previously, the authors found that the relationship between cultural values or norms and joint gains was uncertain in six cultures: France, Russia, Japan, Hong Kong, Brazil, and the United States. Of the five values and norms measured, only norms for information sharing in negotiation were directly related to joint gains. This article explores and extends prior findings by investigating the strategies used by negotiators in the same six cultures. Cultures that maximized joint gains used direct information-sharing strategies or a combination of indirect and direct strategies. Power strategies may help or hurt joint gains, depending on a culture's values and norms for power and whether or not power-based influence is used in conjunction with sufficient information exchange. The findings suggest that understanding the other party's cultural characteristics and strategies can help negotiators plan how to focus on information exchange and deal with unusual power strategies that they may encounter.     

From benevolent maternalism to the market logic: exploring discursive boundary making in domestic work relations in India

Framed within a discussion of boundary work and its many facets, this article develops a critical understanding of the discourses that shape the material and symbolic hierarchies of power asserted by employers of domestic workers in Indian households. We analyze the nature of discourses that are mobilized in the boundary work practiced by different groups of employers in India as they negotiate their relationships with their domestic workers. Drawing on fieldwork in Mumbai and Chennai, our analysis outlines two different discourses within the nature of boundary work – one centered on the trope of benevolent maternalism and another which mobilizes a market-based trope – and delineate how these diverge and converge in the relationship between employers and domestic workers. We also show how these discourses differ according to two key factors: on the one hand, whether the employers hire full-time or part-time workers, and on the other hand, the specific positional attributes of the employers in terms of age, occupation, and family background. We argue that these two discursive categories are not watertight compartments, but are located on a spectrum, and that employers therefore exhibit elements of both maternalism and market-based approaches within the relationship with their workers.     

Land governance as grey zone: the political incentives of land reform implementation in Africa

Weak state capacity has often been in focus when explaining why land reform in sub-Saharan Africa is not implemented. However, an analysis of the deeper politics of land reform brings our attention to a set of incentives which allow rules governing land to be open to interpretation. This article demonstrates that in Uganda, the need to maintain the ruling coalition in a clientelist political settlement to build electoral support, and the desire to attract economic investors, constitute political incentives to maintain land governance as a grey zone, even if there is apparent political will to implement land reforms.