A New Use for Practitioners in Teaching Negotiation

This article examines the role that practitioners as guest lecturers have traditionally played in the teaching of negotiation. The authors argue that, as seen from the perspective of student learning, this traditional role has not utilized the practitioner's expertise and experience to an optimal degree. Because of this, they have redesigned the role of the practitioner as guest lecturer in their negotiation course. They describe this new role in some detail. Their goal is to encourage students to understand how and why integrative negotiation techniques can work beyond the classroom in what students call the "real world."     

公司章程的有所为与有所不为

可以借鉴M·V·爱森伯格提出的划分体系,具体将公司法的规则分为三类:结构性规则、信义性规则和分配性规则。采用注释法学的研究方法对这三类规则进行分析:首先从结构性规则中的表决权和参与权入手,分析公司章程能否有所为;对信义性规则研究,一定要从公司实践出发来分析对股东施加的义务是否具有可实施性,从而判断章程能否有所为;最后从不同立法例分析分配性规则:得出股东对利益分配的自主性可能确实会诱发一定的道德风险,章程在股份有限公司中不应有所作为的结论。     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

The intellectual adolescence of organizational justice: You've come a long way,maybe

To highlight the advances and limitations in the study of organizational justice as reflected by the articles in this issue, the field is characterized as being in its intellectual adolescence. Following this analogy, some signs of scientific maturity are noted. Among these are (a) increased attention to the connections between organizational justice and various organizational processes, (b) expanded efforts toward conceptual refinement, and (c) greater reliance on research conducted in natural settings. At the same time, the adolescent state of the field is also marked by its intellectual awkwardness and immaturity. Indications of this include (a) the absence of guiding theory, (b) an underdeveloped research agenda, and (c) an overreliance on the use of ad hoc measurements. Based on these limitations, suggestions are made for ways of nurturing the field's development. The article concludes with an optimistic vision of tomorrow's field of organizational justice.     

Workplace justice and employee worth

Distributive and procedural justice gain new meaning in light of other distinctions about how organizations value employees (the employees' “worth”). Fair compensation gives employees worth as achieved status: how the employee is like some employees (similarly rewarded) and not like others (dissimilarly rewarded). But employees also want to be treated uniquely as individuals and in other ways to be treated like all other employees, both reflecting worth as ascribed status. Such worth need not involve the distribution of outcomes; it can be gained if procedures function as ends in themselves. Different types of worth thus become the source of different criteria for justice. Based on a paper entitled “Justice as Worth,” which was prepared for the Third International Conference on Social Justice research (held in the Netherlands during July 1991).     

浅谈工资集体协商的形式化倾向

保证职工的合理报酬,是建立和谐稳定劳动关系的关键环节。但由于种种原因,目前的工资集体协商制度还存在较严重的形式化倾向。工会组织是建立工资集体协商制度、协调和发展和谐劳动关系的推行者和执行者,在工作中无疑应该注意消除这种形式化倾向。     

Integrating societal and psychological rules of entitlement: The basic task of each social actor and fundamental problem for the social sciences

A preliminary statement of a theoretical framework integrating psychological and societal determinants of justice in human affairs is presented. It is proposed that the social structure provides the rules of entitlement and decision making that regulate the course of routine social interaction. These societally based norms are representable in people's conscious thought processes. By contrast, the psychologically generated rules of entitlement, typically contradict conventionally accepted rules of thought and discourse and thus remain unconscious. The major part of the discussion considers the motivationally important circumstances that engage the unconscious psychologically compelling determinants and how their appearance in behavior is both shaped and legitimized by the situationally prevailing normative context. The final section considers some of the more important methodological, theoretical, and social policy implications of this social psychological theory of entitlements.     

集体合同形式主义的原因及对策分析——基于职工主体缺位的视角

集体合同制度施行以来,虽在全国范围内得到广泛的发展并日趋完善,但同时也存在一些问题,其中最突出的是形式主义、走过场的现象,个中原因是多方面的,但主要原因在于集体协商一方主体-----职工主体缺位。     

从历史视角看我国集体协商制度与和谐劳动关系问题

集体协商制度是一定历史阶段的产物。分析其在西方工业化国家产生发展和在我国实施及废止的历史可看出，它与一定的经济体制及特定的劳动关系有着紧密的联系，落实好这一制度，是建立和谐劳动关系的基本路径之一，这是在借鉴西方市场经济国家劳动关系调节的历史经验、汲取我国过去及近年来实践经验的基础上所得出的一条基本结论。