Toward Understanding the Psychology of Reactions to Perceived Fairness: The Role of Affect Intensity

In social psychology it has been argued that the importance of justice cannot be overstated. In the present paper, we ask whether this indeed is the case and, more precisely, examine when fairness is an important determinant of human reactions and when it is less significant. To this end we explore what drives people's reactions to perceived fairness and argue that although social justice research has reported effects of fairness perceptions on people's affective feelings, a close examination of the literature shows that these reactions appear less frequently and less strong than one would expect. It is proposed here that this has to do with the neglect in the social psychology of justice of an important determinant of affective reactions: individuals' propensity to react strongly or mildly toward affect-related events. As hypothesized, findings of two empirical studies show that especially people high in affect intensity show strong affective reactions following the experience of outcome fairness (Study1) and procedural fairness (Study2). When affect intensity is low, however, weak or no fairness effects were found, suggesting that then fairness may not be an important issue. In the discussion it is thus argued that incorporating affect intensity into the justice literature may further insights into the psychology of reactions toward fairness.     

浅析“刑事和解”制度

刑事和解"作为一种新型的刑事诉讼纠纷解决机制,它是应时代的发展产生的较为人性化、注重人道主义、适度宽松灵活、诉讼成本低廉的现代纠纷解决制度。它不同于"辩诉交易""恢复性司法"等相近的制度,是社会转型时期新型矛盾层出不穷时的一种制度。它在带给轻微刑事案件更加便捷处理方式的同时,也可能因为没有立法对此制度的规定,侵害着其他的法益。本文就针对此制度在实践中的适用及使用过程中呈现出的弊端提出相应的完善建议,以期为制度改革完善提供参考。     

Equality,responsibility, and justice*

Abstract

In this introduction, we underline the theoretical connection between responsibility, luck, and equality upon which luck egalitarianism rests, and we consider the social and political relevance of the approach. We then situate Kasper Lippert-Rasmussen’s version of the view as proposed in his book, Luck Egalitarianism, in the egalitarian landscape. Lastly, we introduce the six papers that make up this symposium: some are critiques from within or outside luck egalitarianism, while others engage with the theory by expanding the scope of luck egalitarianism.     

Labor Market Institutions and Outward Foreign Direct Investment in OECD Countries

ABSTRACT

Concern among voters in the United States and elsewhere about jobs moving overseas has spurred significant research into outward foreign direct investment (OFDI), which can depress employment and economic growth. Recent research shows that labor market institutions play a prominent role in influencing inward foreign direct investment in developed economies, but little is known about how such institutions influence OFDI. We argue that increasing labor union density or centralized wage bargaining threatens firms’ profitability and thus leads to higher OFDI flows. Yet union density and coordination of wage setting moderate each other’s effect on OFDI since firms can expect wage moderation, fewer strikes, and labor skill protection that offset labor costs. Our tests using data on 27 Organization for Economic Cooperation and Development member countries between 1971 and 2013 suggest this is the case. The findings indicate that a highly stable and institutionalized labor market can lead firms to stay and to return if they have left.     

Empowering Students to Create and Claim Value through the Thomas–Kilmann Conflict Mode Instrument

In a world of problem‐solving lawyering, principled negotiation, and integrative bargaining, to describe a negotiation as “distributional” may strike some as heretical. Still, we disserve our students if we ignore distributional bargaining altogether. Unfortunately, many law students who are drawn to negotiation classes bring with them a fundamental discomfort with claiming value. Contrary to the stereotypes that attribute aggression and “sharp practices” to lawyers, many law students struggle to become more assertive. The Thomas–Kilmann Conflict Mode Instrument (TKI) is one tool that I have found can help raise students' awareness of, and comfort with, the reflexive responses to conflict that can impede their attempts to claim as well as create value in negotiation. The insights students gain from taking the TKI can be quickly put to use in the next negotiation role play. Although it may help students realize their dominant response to conflict, the TKI highlights that no single approach to negotiation is always best. Thus, the TKI can both encourage the reticent to claim more value in negotiation and suppress the seemingly insatiable appetites for value claiming that drive other students. When administering the TKI, I encourage students to learn at least four major lessons:

• 1 A negotiator has a choice in resolving the dilemma between value claiming and value creating. We are not just stuck with our reflexes.
• 2 Still, it is good to know what our reflexive response to conflict is likely to be so that we are more mindful of the choices as we make them.
• 3 Departing from reflexes requires energy: preparation, planning, mindfulness, and conscious effort.
• 4 Adaptability is desirable. A well‐integrated negotiator might move from one TKI “type” to another as a negotiation progresses.

In this article, I seek to give a very brief overview of the ways I have used the TKI to convey these lessons, increasing students' comfort with, and management of, value claiming. To this end, the article will describe the TKI, explain how I administer and debrief the students' encounter with it, and point out some potential pitfalls of this process.     

Hard Bargaining in the Classroom: Realistic Simulated Negotiations and Student Values

Empirical research into the negotiation practices of lawyers shows that “hard bargaining,” including at least some unethical conduct, is an inescapable fact of a lawyer's life. To prepare students for legal practice, negotiation instructors must expose them to hard bargaining in the classroom. In doing so, however, instructors should be sensitive to the moral and ethical values of their students, so that the classroom experience does not unduly pressure students to compromise their values. The simulation is the primary tool of negotiation instruction. By selecting and manipulating simulations, a negotiation instructor can expose students to a wide range of negotiating behaviors, from distributive negotiations marked by the use of power tactics to value‐creating negotiations in which participants must consider many interests and collaborative strategies predominate. With that flexibility, however, comes the potential for classroom exercises to pressure students, in ways both subtle and overt, to adopt behaviors that feel uncomfortable. In this article, I examine the use of simulations to teach different types of negotiating behavior, including hard bargaining. Referring to a number of widely available simulations, I suggest ways to focus student attention on three dimensions of negotiation behavior — the issues over which the parties are bargaining, the objectives the parties seek, and the tactics the parties use to achieve their objectives — in order to push students to reflect on their own negotiation behaviors and to prepare for the tactics of others. I assess the potential for simulations to pressure students to compromise their values, and I conclude with my own thoughts on the goals of a negotiation course.     

刑事简易程序的多元化建构

刑事简易程序的本质特征是审判方式的简化。域外刑事简易程序的发展趋势是多元化,即简易程序的设计并不局限于单一形式。针对我国简易程序中存在的问题,应当改变简易程序单一的现状,构建多元化的刑事简易程序,具体为重构简易程序,增设处罚令程序、被告人认罪径行判决程序、刑事和解程序和认罪协商程序。     

对集体谈判的理论分析

在日常政治、经济生活中,谈判无所不在。集体谈判是战后市场经济国家处理劳资纠纷的最主要手段。从理论上看,集体谈判应具备三个基本的条件:一是谈判的行为体是理性的;二是谈判涉及到利益的协调与交换;三是谈判是一种制度化的行为。     

辩诉交易:移植与本土化--一种考量中国国情的叙事

辩诉交易作为一个典型的舶来制度能否中国化的问题 ,既要缜密而全面地考查该制度在域外的实践状况、争议焦点及发展趋势 ,又要严谨而认真考证该制度在中国移植的社会土壤 :一方面是该制度中国化运行所必需的整体制度环境 ;另一方面是匿于整体制度之后的更深层次的中国传统文化和民族习性以及现有中国法律规范所整合的社会心理和司法理念。对中国国情下犯罪情势和司法状况的考察显示 ,辩诉交易为中国国情所需 ;对中国社会权利规范现状及发展定势的研究表明 ,随着中国社会转型的日益趋成 ,辩诉交易亦为中国国情所容。     

论以订约目的为依据的合同分类

以订约目的为标准对合同进行分类具有理论与现实意义。合同当事人订立合同的目的大体可以分为四类:创设各种民商事主体的合同,如通过合同创设合伙、公司、中外合资经营企业等;创设各种民事权利的合同,如通过合同创设债权、物权、知识产权、身份权等;变更合同权利义务的合同,即通过合同对已经成立的合同进行变更;解决合同争议的合同,即通过合同解决民事争议。此四类合同各具特征。