Toward a Theory of Negotiation Precedent

It is remarkable that precedents and their use have not been well explored within the negotiation literature. In this article, I examine the sparse knowledge of precedents and offer a preliminary framework for understanding the role of precedents in negotiation, including how negotiators establish and apply them. Precedents can either evolve randomly or be created with strategic intent. Understanding precedents generally involves examining how negotiators build, adopt, avoid, and reject them. In this review of the existing literature, I identify twelve concepts and paradigms that are particularly relevant to our understanding of negotiation precedents. I also establish a research agenda and identify three methods for further developing our knowledge of precedents: applying path dependence theory from the field of international relations to a negotiation context; conducting experimental research in a laboratory setting involving subjects engaged in negotiation exercises that contain opportunities to apply precedents; and conducting field research with a focus on case methodology grounded in negotiation linkage theory and theories of negotiation dynamics. Finally, in this article, I formulate a two‐part framework on building and applying precedents, and offer managerial guidance for the negotiation practitioner. Precedents serve as a strategic technique and provide a source of power at that point in a negotiation when decisions are made.     

Natural advantages and contractual justice

Anthony Kronman has argued that libertarians cannot distinguish non-arbitrarily between legitimate and illegitimate advantage-taking in contractual relations except by reference to a liberal, wealth-redistributive standard Kronman calls paretianism. We argue to the contrary that libertarians need not concede that any advantage-taking in contracts is legitimate and thus need not be liberal paretians with respect to advantage-taking.     

Crime,punishment and human nature

In Thinking About Crime James Q. Wilson brings a new dimension to crime policy research by explicating the failure of criminologists to adequately consider the philosophical perspectives on man and society which underlie alternate policy options. As a result, they rarely appreciate the inherent limits on government efforts to deal with crime. Wilson's consideration of these limitations, together with a critique of causal analysis in criminological thinking, lead him to propose an alternate conceptual framework, policy analysis. Our inspection of Wilson's own thinking reveals, however, that policy analysis is no less problematic and shortsighted than causal analysis, a result we attribute to serious flaws in his critique of criminological thinking and to the incorporation of his own biases about human nature into his conceptual framework. We seek in the concluding section to remove this bias and to demonstrate how policy analysis may be expanded into a more flexible, multi-dimensional framework, one which accounts for different assumptions about human nature and different policy goals.     

Arthur Ripstein,Equality, Responsibility,and the Law

Law and Philosophy -     

The Present Challenges to ASPA as an Association That Promotes Public Professionalism

What is ASPA's place among core public professional organizations as well as public official associations? All public organizations are affected by tough competition for membership. Relatively few members of other public associations join ASPA, and vice versa. Only a minority of faculty members who teach in public affairs programs belong to ASPA, and at top schools, the proportion is even lower. When comparing ASPA to other public official associations, it is smaller in size and broader in scope, yet it remains a uniquely pan‐generalist organization. Its pan‐generalist character puts it at a disadvantage, but also offers distinct advantages. Like all public associations and nonprofits, ASPA faces stiff competition from increasingly specialized associations for membership. Its key future challenge, the authors suggest, will be to match its membership benefits effectively to the rapidly shifting expectations and needs of current and prospective members.