Is the Internet an appropriate medium to use when attempting to resolve conflicts over ethical issues in business? The research reported on in this paper focuses on internet versus face-to-face negotiations as a component of applied discourse ethics. Although internet negotiation has serious restrictions, it also has specific qualities. It enhances reflection and plays down emotion. Important qualities when handling complex and delicate ethical issues.

Health care workers with needlestick exposures to patients' blood often request a test of the patient for evidence of infection with human immunodeficiency virus. If the patient refuses the test, a conflict develops between the interests of the health care worker and those of the patient. Traditional approaches to this dilemma attempt to balance the rights or utilities of abstract patients and health care workers. While these approaches have the advantage of offering clear guidelines in advance of conflict, (...) the interests of the actual participants may differ from those used to create the guidelines. In nonmedical settings, conflicts are often resolved efficiently through negotiation and monetary exchanges. Although negotiated monetary settlements between health care workers and patients may be an impractical way to resolve medical conflicts, models developed from these perspectives provide insights into the individual interests of physicians and patients. Changing existing rules about medical record documentation, or increasing the penalties for the misuse of medical information, may satisfy the interests on both sides of the conflict and so represent integrative bargaining solutions. Even so, as the relationship between health care workers and their patients evolves, more explicit strategies for negotiation may become a reasonable solution to the problem of conflict. (shrink)

The force of globalization has greatly challenged people’s conceptualization of national identity. The traditional definition of national identity as being distinct, stable and generated by such internal factors as ethnic, religion, citizenship and so on, has been replaced by the understanding that national identity is invested with more dynamic and complex features and is actually constructed differently in different situations. By following Van Dijk’s socio-cognitive perspective in critical discourse analysis and drawing on the 47 news reports collected on the websites (...) of People’s Daily Online and Xinhuanet, this study explores how China’s national identities are negotiated in its news reports of the Sino-US trade war. It is found that China’s news reports have constructed three types of Sino-US relations, namely, antagonistic, negotiatory and cooperative relations. Out of these relations, China has been constructed as victim of the trade war, defender of free trade, driver for negotiations and beneficiary of mutual cooperation. The construction of these identities and relations is realized through constructive, destructive, justification and transformation strategies. It is further found that the diversity of both China’s national identities and Sino-US relations in China’s news reports is the result of the political, social and economic differences between the two countries. (shrink)

What is the definition of life? Artificial life environments provide an interesting test case for this classical question. Understanding what such systems can tell us about biological life requires negotiating the tricky conceptual boundary between virtual and real life forms. Drawing from Wittgenstein’s analysis of the concept of a game and a Darwinian insight about classification, I argue that classifying life involves both causal and pragmatic elements. Rather than searching for a single, sharp definition, these considerations suggest that life is (...) a cluster concept with fuzzy boundaries and that there are multiple legitimate ways to make the notion precise for different scientific purposes. This pluralist, realist account avoids unnecessary border disputes by emphasizing how science negotiates such questions in relation to theory and evidence. I also discuss several objections to this approach, including a “moral hesitation” some have to allowing broader application of the concept of life to include artificial life. (shrink)

Is the Internet an appropriate medium to use when attempting to resolve conflicts over ethical issues in business? The research reported on in this paper focuses on internet versus face-to-face negotiations as a component of applied discourse ethics. Although internet negotiation has serious restrictions, it also has specific qualities. It enhances reflection and plays down emotion. Important qualities when handling complex and delicate ethical issues.

The target article focuses on how attacker-defender conflicts are fought. This commentary complements it by considering how attacker-defender conflicts may be resolved at the bargaining table. I highlight multiple linkages between asymmetric intergroup conflict as modeled with the attacker-defender game and negotiation research and illustrate how the proposed model of attacker-defender conflicts can inspire new research on intergroup negotiation.

Negotiation is mainly treated as a process through which counterparts try to satisfy their conflicting interests. This traditional, subjective approach focuses on the interests-based relation between subjects and the resources which are on the bargaining table; negotiation is viewed as a series of joint decisions regarding the relation of each subject to the negotiated resources. In this paper, we will attempt to outline an intersubjective perspective that focuses on the communication-based relation among subjects, a relation that is founded (...) upon communicative rationality mechanisms which are inherent in social activity. Much in contrast to the concept of interests which describe the relationship of each subject alone to the resources, we will use the concept of ?claim-rights? which are properly formed and validated only vis-à-vis negotiating partners and on the basis of the communication that develops among them. We will offer a step-by-step account of the creation of claim-rights and argue that their validation does not necessarily lie in the parties? interests, but in the communication mechanisms that induce consensus and result in mutually acceptable outcomes. (shrink)

Studies from many countries report that secondary school students do not master written argumentation well enough. This article presents a case study from lower secondary school where the question of problems in written argumentation is approached from a different angle: instead of focusing on argumentative weaknesses in student texts, it concentrates on what students are capable of and struggle with when they write argumentative texts in cooperation with a scaffolding teacher. Findings from this study show that a clear text pattern (...) communicated through teaching and teacher response helped weak as well as strong writers to improve common problems related to audience awareness and the structure of argumentative texts. In cooperation with a commenting teacher all students were also able to support a standpoint with more reasons and to strengthen their own position by refuting a counterargument, although to varying degrees. However, only a couple of revised texts suggest that students had the will, skill and insight needed to follow up teacher response that encouraged a more distanced view on heated debates, conflict negotiations, self-reflection and critical thinking. (shrink)

Chinese negotiators are known to have a negotiation emphasis that differs from their Western counterparts, especially in issues of face and conflict. These values, however, are not monolithic, and can change depending on the negotiation circumstance. This research examines how negotiation tactics changes when Chinese negotiators are faced with counterparts from near and distant cultures. An online conjoint simulation drew 351 respondents in Taiwan to test subjective perceptions of counterparts from the USA and Japan. Chinese respondents (...) exhibited increased cultural accommodation when the counterpart's culture was more distant – paying more attention to sacrificing self-interest and saving face for the other side. Integration in the negotiation was emphasized across both near and distant cultures above that observed for negotiation with Chinese counterparts. Saving face, ignoring conflict, and domination tactics were consistently valued, irrelevant of culture. Masculinity among Chinese respondents was exhibited in a preference for integration with male counterparts, especially for Chinese male negotiators. Results indicate practical considerations when preparing for negotiation with a Chinese counterpart by considering inconsistencies in preferences while also considering consistent values. (shrink)

Issues of interest, identity and values intertwine in environmental conflicts, creating challenges that cannot generally be overcome using rationalities grounded in generalised argumentation and abstraction. To address the growing need to engage interests and identities along with plural values in the conservation of biodiversity and ecological systems, we introduce the concept of ‘appropriateness of actions’ and ground it in a relational understanding of environmental ethics. A determination of appropriateness for actions comes from combining outputs from value elicitation with those of (...) interest and identity negotiation in ways that are salient to specific people and their relationships to specific places. Drawing on the Blue Mountain Forest Partnership in the Pacific Northwest, we propose factors of success for supporting appropriate actions: 1) understanding context and identifying key stakeholders; 2) surfacing a diversity of interests and building system-level trust; 3) building empathy for different identities grounded in specific places; 4) eliciting diverse values and seeking to understand their links to worldviews and knowledge systems and; 5) seeking out appropriate actions. (shrink)

Negotiations are central to the operation of the international system, found at the heart of every conflict and every act of cooperation. Negotiation is the primary vehicle that states use to manage conflict and build prosperity in a complicated and dangerous international system. International Relations as Negotiation provides an overview of world politics that is both approachable and detailed. It explores the factors that help or undermine efforts to negotiate solutions to international problems. Key topics including (...) international conflict and security, the global economy, international law and governance, and environmental sustainability are explored in turn. The history of the international system is traced through major treaty agreements and peace conferences, and the future of the international system is projected. The result is a survey of world politics that provides a seamless narrative about conflict and cooperation in the international system. (shrink)

Chinese negotiators are known to have a negotiation emphasis that differs from their Western counterparts, especially in issues of face and conflict. These values, however, are not monolithic, and can change depending on the negotiation circumstance. This research examines how negotiation tactics changes when Chinese negotiators are faced with counterparts from near and distant cultures. An online conjoint simulation drew 351 respondents in Taiwan to test subjective perceptions of counterparts from the USA and Japan. Chinese respondents (...) exhibited increased cultural accommodation when the counterpart's culture was more distant – paying more attention to sacrificing self-interest and saving face for the other side. Integration in the negotiation was emphasized across both near and distant cultures above that observed for negotiation with Chinese counterparts. Saving face, ignoring conflict, and domination tactics were consistently valued, irrelevant of culture. Masculinity among Chinese respondents was exhibited in a preference for integration with male counterparts, especially for Chinese male negotiators. Results indicate practical considerations when preparing for negotiation with a Chinese counterpart by considering inconsistencies in preferences while also considering consistent values. (shrink)

The notion of a “work-around” is a much-used resource within the sociology of technology, reflecting an interest in showing how users are not simply shaped by technologies but how they, through adopting artifacts in ways other than those for which they were designed or intended, are also shapers of technology. Using the language and concerns of actor-network theory and focusing on recent developments within computer-systems implementation, this article seeks to explore and add to our understanding of work-arounds through unpacking the (...) work of one group of “users” as they attempt to tailor and roll out a system within the administration departments of their university. This article argues that paying attention to the various networks that lead to and from work-arounds can improve our understanding of the way users both shape and are shaped by technologies. Focusing on work-arounds as “networks in place” also allows us to highlight some of their contingencies; for example, the other actors and entities on which these depend and are constituted. (shrink)

Argument is often taken to deal with conflicting opinion or belief, while negotiation deals with conflicting goals or interests. It is widely accepted that argument ought to comply with some principles or norms. On the other hand, negotiation and bargaining involve concession exchange and tactical use of power, which may be contrasted with attempts to convince others through argument. However, there are cases where it is difficult to draw a clear distinction between bargaining and argument: notably cases where (...) negotiators persuade others through `framing' and cases where the aims of negotiation have to do with public assertion and acceptance. Those cases suggest that the distinction between negotiation and argument is not absolute, and this raises the question whether rules about what is acceptable in argument and rules about what is acceptable in negotiation can all be viewed as instances of more general common norms about human interaction. (shrink)

In both co-authored and solo-authored work over the past decade, we have developed the idea of “metalinguistic negotiation”. On our view, metalinguistic negotiation is a type of dispute in which speakers appear to use (rather than explicitly mention) a term in conflicting ways to put forward views about how that very term should be used. In this paper, we explore four possible dimensions of variation among metalinguistic negotiations, and the interactions among those dimensions. These types of variation matter (...) for understanding the nature, and the potential range, of the phenomenon of metalinguistic negotiation. As an illustration of the latter, we argue in our concluding section that understanding the full range of forms that metalinguistic negotiations can take has implications for debates about the “implementation” of conceptual engineering proposals. (shrink)

The following theses are defended. Conflict has importantly valuable functions, but we obviously need to limit its destructiveness. The efficacy of reasoning together in resolving or restraining conflict is limited; it needs to be supplemented by procedures such as negotiation, compromise, and voting. Despite the urgency of justice, when the resolution or limitation of a conflict needs to be negotiated, the best attainable outcome will often not seem completely just to all parties, and some claims of (...) justice, as seen by the parties, may need to be subordinated to other moral considerations. (shrink)

This paper defends negotiation as a way of rationally overcoming disagreements. Negotiation is a type of dialogue where the parties begin with a conflict and a need for cooperation, and their main goal is to make a deal as reported (Walton and Krabbe 1995, p 72). It has been discussed whether differences of opinion can be shifted from persuasion to negotiation dialogue. If two parties disagree, is it reasonable to overcome their disagreement by employing negotiation? (...) Van Laar and Krabbe (2018a) argue that negotiation is the correct way to settle disagreements when the parties arrive at a stalemate. Godden and Casey (2020) deny this. They argue that the goal of persuasion dialogue (to resolve a conflict by verbal means) can never be replaced by a bargaining procedure. This paper claims that shifts to negotiation are reasonable, but only if the shift meets two conditions. The practical condition requires the disagreement to be practical rather than theoretical, and the sacrifice condition requires that the parties freely agree to shift the dialogue to negotiation. When the parties do not meet these conditions, they commit fallacies such as ad consequentiam, ad baculum or the fallacy of middle ground. Finally, I argue that negotiation arises in practical argumentation when the parties assign different relative values to their goals. When this process occurs, we see negotiation as a small step within the practical argumentation process. Persuasion, deliberation and negotiation dialogue are, then, deeply intertwined and are sometimes indistinguishable. (shrink)

This paper argues that most conceptualizations of citizenship limit the purview of the discourse to static categories. ‘Citizenship’ is commonly seen as an ideal type, presuming a largely legal relationship between an inidividual and a single nation-state – more precisely only one type of nation-state, the advanced capitalist post-war model. Alternatively, we suggest a re-conceptualization of citizenship as a negotiated relationship, one which is subject therefore to change, and acted upon collectively within social, political and economic relations of conflict. (...) This dynamic process of negotiation takes place within a context which is shaped by gendered, racial and class structures and ideologies; it also involves international hierarchies among states. Citizenship is therefore negotiated on global as well as national levels. This conceptualization is demonstrated by way of identifying one particular set of experiences of negotiated citizenship, involving foreign domestic workers in Canada. As non-citizens originating from Third World conditions, this is a case involving women of colour workers, highly prone to abusive conditions, and under the direction of employers who are more affluent First World citizens and predominantly white women. Original survey data based on interviews with Caribbean and Filipino domestic workers in Canada are used to demonstrate the varied, creative and effective strategies of two distinctive groups of non-citizens as they attempt to negotiate citizenship rights in restrictive national and international conditions. (shrink)

This book brings together a unique combination of experts in the area of conflict resolution and focuses on the role forgiveness can play in the process. It deals with the theology, public policy, psychological and social theory, and social policy implementation of forgiveness. The first section of the book explores how ideas like "forgiveness" and "reconciliation" are moving out from the seminary and academy into the world of public policy, and how these terms have been used and defined in (...) the past. One of the contributors, Miroslav Volf, speaks to the Christian contribution of a more peaceful environment. The second section looks at forgiveness and public policy. One of the chapters, by Donald W. Shriver Jr., addresses forgiveness in a secular political forum. The third section of the book draws us to a more particular analysis of the relationship between forgiveness and reconciliation from voices in the academic and theological community. John Paul Lederach presents five qualities of practice in support of the reconciliation process. John Dawson gives hope for peace-making in a new century. The final section highlights the work of practitioners currently working with religion, public policy, and conflict transformation, particularly in areas such as Ireland and Africa. This book will be an essential for libraries, scholars, conflict negotiators, and all people who hope to understand the role of forgiveness in the peace process. Contributors include: Desmond M. Tutu, Rodney L. Petersen, Miroslav Volf, Stanley S. Harakas, Raymond G. Helmick, SJ, Joseph V. Montville, Douglas M. Johnston, Donna Hicks, Donald W. Shriver, Jr., Everett L. Worthington, Jr., John Paul Lederach, Ervin Staub, Laurie Anne Pearlman, John Dawson, Audrey R. Chapman, Olga Botcharova, Anthony da Silva, SJ, Geraldine Smythe, OP, Andrea Bartoli, Ofelia Ortega, and George F. R. Ellis. (shrink)

The recently extinct thylacine, endemic to Australia, has become a potent cultural icon in the state of Tasmania, with implications for Australian ecotourism and Tasmanian conservation strategies. While the thylacine's iconicity has been analyzed by naturalists and cultural historians, its significance in Tasmanian tourism has yet to be examined. Thylacine representations in tourism-related writings and images, because of their high degree of ambivalence, function as a rich site of conflicting values regarding national identity and native species protection. Drawing on cultural (...) studies of the thylacine and constructivist theories of tourism, this study identifies and documents three polarities in thylacine representation: the thylacine as wild yet domesticated, present yet absent, and an Australian national—yet distinctly regional—subject. A close reading of contradictory textual and visual elements in tourist guides, travel writing, specialized maps, and museum exhibits illuminates ongoing debates about Australian econationalism in the global tourism economy. (shrink)

In central definitions of shared decision-making within medical consultations we find the concept of negotiation used to describe the interaction between patient and professional in case of conflict. It has been noted that the concept of negotiation is far from clear in this context and in other contexts it is used both in terms of rational deliberation and bargaining. The articles explores whether rational deliberation or bargaining accurately describes the negotiation in shared decision-making and finds that (...) it fails to do so on both descriptive and normative grounds. At the end some notes on further analysis is given and it is suggested that the interaction is more accurately described in terms of an internal balancing of values like patient best interest, patient autonomy and patient adherence by the professional that is accepted by the patient. (shrink)

Negotiation is not only used to settle differences of interest but also to settle differences of opinion. Discussants who are unable to resolve their difference about the objective worth of a policy or action proposal may be willing to abandon their attempts to convince the other and search instead for a compromise that would, for each of them, though only a second choice yet be preferable to a lasting conflict. Our questions are: First, when is it sensible to (...) enter into negotiations and when would this be unwarranted or even fallacious? Second, what is the nature of a compromise? What does it mean to settle instead of resolve a difference of opinion, and what might be the dialectical consequences of mistaking a compromise for a substantial resolution? Our main aim is to contribute to the theory of argumentation within the context of negotiation and compromise formation and to show how arguing disputants can shift to negotiation in a dialectically virtuous way. (shrink)

The paper deals with the status of referents for claims among conflicting claimants when multiplicity is a fact and there is no room for a substantive notion of community. It develops a notion of contingent and 'impure' universal as it arises in the negotiation of equivalence in scenarios of conflict between claimants. My argument is that measures of equivalence cannot conform to the caricature of absolute, all-encompassing referents intent on subjugating difference in the name of sameness; that a (...) reflection about decisions and the validity of claims - i.e. concerning singularity - cannot be reduced to a simple application of the rule; and that decisions are lodged in the undecidable terrain between norms and their redescription, which means that the status of universals is an effect of continual political battles. Key Words: conflict • deliberation • negotiation • particularism • undecidability • universals. (shrink)

Elite domination is recognized as a significant downside of “linking social capital,” but its remedies are under-theorized and scarcely documented. Addressing this gap, we argue that bonding or bridging ties characterized by strong reflexivity, awareness of the state’s symbolic violence, and rich cultural resources for cross-fertilization serve as countervailing mechanisms against unresponsive linking ties. If bonding and bridging ties lack these characteristics, even when those ties are numerous, they are unlikely to challenge unresponsive linking ties. Our theoretical argument is substantiated (...) through a three-village comparison in Taiwan during the post-Typhoon Morakot reconstruction period, where linking ties among most disaster areas, state agencies, and large NGOs were deployed to promote elite agendas. Based on forty-five in-depth interviews, our findings suggest that in Namaxia, where all three features identified in our framework were absent in bonding and bridging ties, grassroots resistance against unresponsive linking ties largely failed. In Jialan, bonding networks displayed strong social reflexivity, but neither bonding nor bridging ties cultivated awareness of the state’s symbolic violence or cultural resources for cross-fertilization. The village only partially succeeded in challenging unresponsive linking ties. In Ali, where local bonding and bridging networks developed all three features mentioned above, the village successfully transformed unresponsive linking ties. The conceptual delinking of network homogeneity/heterogeneity and exclusivity/inclusivity in this study bears broader implications for social capital theories. (shrink)

Conflicts of interest in corporate law can be addressed by two main alternatives: a requirement of a majority of the minority vote or the imposition of duties of loyalty and fairness. A comparison of Delaware, the UK, Canada, and Israel reveals that while the conflicts of interest problem within publicly-traded corporations receives different treatment in the different jurisdictions — either a fairness rule or a majority of the minority rule — closely-held corporations receive the same treatment of an imposition of (...) duties of loyalty and fairness. This article explains this finding, demonstrating that determining which of these rules is adopted is, in fact, a choice between liability rule protection and property rule protection. This choice depends on the total and relative transaction costs. These costs include both the negotiation costs attendant upon a property rule, as well as the adjudication costs associated with a liability rule. The sum of these costs is influenced by the efficacy of the judicial system and of extralegal mechanisms such as the market for corporate control, the capital market, and the types of investors active in the market. Because the different jurisdictions have different relative costs, due to differences in the economy and the legal systems, publicly-traded corporations are treated differently in each system. However, sometimes conflict of interest situations share the same main characteristics — as with closely-held corporations—leading to the domination of one solution, and thus the same solution is applied for closely-held corporations in the different jurisdictions. (shrink)

The main objective of this work is to contribute to the literature on memory in post-conflict societies by considering how the choice of an official language is entangled in memory politics. Particularly, in Timor-Leste, the choice of Portuguese as the official language reflects an effort to create a narrative of the heroism of the ‘Generation of 75’ whilst silencing the efforts and memories of the ‘Geração Foun’ (young generation)’ during the fight for independence. Therefore, in the constituency of the (...) new state, language plays a crucial role in post-conflict efforts to (re) establish political foundations for the state and define how individuals will be remembered. This paper analyses the case of Timor-Leste and disputes over the choice of an official language after the re-establishment of independence in 2002. (shrink)

Background:There has been wide interest shown in the manner in which ethical dimensions in nursing practice are approached and addressed. As a result, a number of ethical decision-making models have been developed to tackle these problems. However, this study argued that the ethical dimensions of nursing practice are still not clearly understood and responded to in Brunei.Research aim:To explore how Bruneian nurses define ethical concerns they meet in everyday practice in the medical surgical wards of three Brunei hospitals.Research design:A qualitative (...) study was employed. Interviews were conducted with 28 practising and administrative nurses of three hospitals. Interview data were analysed via a constant comparative method.Ethical consideration:The study’s protocol was reviewed and approved by the Ethical Committee of the School of Health in Social Science at the University of Edinburgh and the Medical Health Research Ethics Committee of the Ministry of Health, Brunei.Findings:The nurses described three ethical dimensions in their practice, namely: ‘nurse at work‘ which illustrates the ethical dimensions within the work environment; ‘nurse and doctor’ which elucidates the ethical dimensions in the nurse and doctor relationship; and ‘nurse and patient’ which further examines ethical aspects in patient care. Nurses responded to the ethical dimensions in the ward setting with the aim of avoiding the conflict and maintaining ward harmony.Discussion:The data provide new insights into how nurses respond to ethical dimension in the ward settings where it puts strong emphasis on the nurses’ understanding of responsibility placed upon them as professional nurses.Conclusion:With these findings, it is recommended that further support is needed for nurses to be aware of the ethical dimension in their practice and to respond to ethical concerns accordingly. (shrink)

Climate negotiations under the United Nations Framework Convention on Climate Change have so far failed to achieve a robust international agreement to reduce greenhouse gas emissions. Game theory has been used to investigate possible climate negotiation solutions and strategies for accomplishing them. Negotiations have been primarily modelled as public goods games such as the Prisoner’s Dilemma, though coordination games or games of conflict have also been used. Many of these models have solutions, in the form of equilibria, corresponding (...) to possible positive outcomes—that is, agreements with the requisite emissions reduction commitments. Other work on large-scale social dilemmas suggests that it should be possible to resolve the climate problem. It therefore seems that equilibrium selection may be a barrier to successful negotiations. Here we use an N-player bargaining game in an agent-based model with learning dynamics to examine the past failures of and future prospects for a robust international climate agreement. The model suggests reasons why the desirable solutions identified in previous game-theoretic models have not yet been accomplished in practice and what mechanisms might be used to achieve these solutions. (shrink)

Getting to peace is not a straightforward process. In Uganda, internal conflict has raged for more than 20 years between the Government and the Lord’s Resistance Army. The construction of a comprehensive negotiated settlement is at the mercy of conflicting ideologies and influences at the international, national and grassroots levels. This paper examines the Juba peace talks, the major actors in the negotiation process, and tension between prosecution and amnesty.

Arguing that a crisis is upon us, the Bush Administration has proposed an energy strategy remarkable in its scope and audacity. While much criticism has been directed towards the plan’s ecological impacts, it also guarantees the continuing collapse of communities tha stand in the way of the full realization of the current energy economy. This situation is best understood reference to evolving notions of environmental justice. Unfortunately, the variety of meanings attributable to environmental justice often times come into conflict (...) when applied to specific cases. Until a way is found to reconcile the idea’s many diverse meanings and to prevent one or another to be used in a specific institutional context to the exclusion of all others, environmental justice will, in a perverse way, be turned into yet another means to disregard society’s most vulnerable members. (shrink)

Prolonged conflict on the southern Thailand border still continues, especially in four provinces – Pattani, Yala, Narathivat, and Satun. These four provinces are the home base of the Malay-Muslim community. However, conflicts have almost never occurred in the province of Phattalung, particularly in the region called ‘Two Religion Community Life’. This is because people can find solutions to every problem using cultural negotiation. This research aims to describe the results of cultural negotiation and social learning between Muslims (...) and Buddhists in solving daily life problems. The most important data collection techniques are in-depth interviews and observations. There are five critical informants chosen purposively: Islamic and Buddhist religious leaders, community leaders, school principals, and community members in the Tamot and Khaocan regions. The results found that there are several forms of cultural negotiation in Phattalung, including annual ritual prayers conducted together by Muslims and Buddhists, agreement on how to slaughter animals to be served during ceremonies, tradition of food bartering, and agreement on animal caring. Furthermore, social learning to preserve the results of the negotiations is carried out through the establishment of voluntary medical groups whose members consist of young men and women from the Muslim and the Buddhist community, sports and arts activities, commemorations of national holidays, and conducting annual religious rituals at the same place and time. This study also found four important aspects to strengthen the social learning in multireligious society – moderate values derived from their respective religious teachings, moderate values taught by the country, the existence of trust among citizens, and win-win solutions to the emerging problems. Contribution: This research promotes the world that there is a heterogeneous religious community in the Phattalung province, Thailand which has a building construction of tolerance and harmony of locality namely the ‘Two Religion Community Life’ by preserving the cultural negotiation values through social learning. (shrink)

In this exploratory study, we look at the professed values that people have, and their performance in a negotiation. We found relations between Schwartz values and conflict handling behaviors, and distributive, integrative, and compatible negotiation outcomes in a controlled environment using Actor-Partner Interdependence Model (APIM) analysis.

Negotiation is not only used to settle differences of interest but also to settle differences of opinion. Discussants who are unable to resolve their difference about the objective worth of a policy or action proposal may be willing to abandon their attempts to convince the other and search instead for a compromise that would, for each of them, though only a second choice yet be preferable to a lasting conflict. Our questions are: First, when is it sensible to (...) enter into negotiations and when would this be unwarranted or even fallacious? Second, what is the nature of a compromise? What does it mean to settle instead of resolve a difference of opinion, and what might be the dialectical consequences of mistaking a compromise for a substantial resolution? Our main aim is to contribute to the theory of argumentation within the context of negotiation and compromise formation and to show how arguing disputants can shift to negotiation in a dialectically virtuous way. (shrink)

The Hawke and Keating Labor governments have tended to practise a politics of inclusion in which women, along with other social groups, are seen to have an important part to play in building the new, internationally competitive Australian economy of the twenty-first century, Australian politics have therefore had a very different nature from that of the more exclusionary politics practised by British Conservative governments. While the politics of inclusion have given feminists room for manoeuvre, and facilitated some positive developments in (...) areas such as affirmative action and childcare policies, feminists have had little success in challenging the overall direction of the governments’ right-wing economic policies. Furthermore, the ‘economic’ has functioned as a meta-category which dissolves difference and conflict. The Australian experience therefore has both practical and theoretical implications for British feminists who may be experiencing a Labour government themselves before too long. (shrink)

In recent years, the model of shared decision-making has become increasingly promoted as the preferred standard in doctor-patient communication. As the model considers doctor and patient as coe-qual partners that negotiate their preferred treatment options in order to reach a shared decision, shared de-cision-making notably leaves room for the usage of argumentation in the context of medical consultation. A paradigm example of argumentative conflict in consultation is the discussion that emerges between doctors and their patients concerning antibiotics as a (...) method of treatment for what is presumed to be a viral infec-tion. In this paper, a case of such argumentative conflict is studied, using the extended pragma-dialectical theory to argumentation. It is examined how a patient and her physician manoeuvre strategically in order to maintain a balance between dialectical reasonableness and rhetorical effectiveness, as well as an equilibri-um between patient participation and evidence-based medication, while arguing their case for and against antibiotics respectively. (shrink)

This article develops a feminist perspective on militarism in Africa, drawing examples from the Nigerian, Sierra Leonean and Liberian civil wars spanning several decades to examine women's participation in the conflict, their survival and livelihood strategies, and their activism. We argue that postcolonial conflicts epitomise some of the worst excesses of militarism in the era of neoliberal globalisation, and that the economic, organisational and ideological features of militarism undermine the prospects for democratisation, social justice and genuine security, especially for (...) women, in post-war societies. Theorisations of ‘new wars’ and the war economy are taken as entry points to a discussion of the conceptual and policy challenges posed by the enduring and systemic cultural and material aspects of militarism. These include the contradictory ways in which women are affected by the complex relationship between gendered capitalist processes and militarism, and the manner in which women negotiate their lives through both. Finally, we highlight the potential of transnational feminist theorising and activism for strengthening intellectual and political solidarities and argue that the globalised military security system can be our ‘common context for struggle'1 as contemporary feminist activist scholars. 1Mohanty, 2003. (shrink)

Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, (...) the performance of their contract, the presentation of their cases, and negotiations undertaken to settle their disputes.In this text, Dr Benjamin Hayward critically reviews the prevailing approach to the conflict of laws in international commercial arbitration. The text adopts a focused and detail-oriented analysis - being based on a study of more than 130 sets of arbitral laws and rules from around the world, and drawing heavily on arbitral case law. Nevertheless, it remains both practical and accessible, taking as its focus the needs and expectations of commercial parties, who are the ultimate users of international commercial arbitration.This text identifies the difficulties that result from resolving conflicts of laws through broad and unconstrained arbitral discretions. It establishes that a bright-line test would be a preferable way to resolve arbitral conflicts of laws. Specifically, it recommends a modified Art. 4 Rome Convention rule as the ideal basis for law reform in this area of arbitral procedure. (shrink)

Noting tension between environmental and aboriginal politics in the Pacific Northwest of North America, this paper explores the historical-geographic constitution of both the Great Bear Rainforest conflict in British Columbia and the Makah whaling conflict in Washington State. By highlighting the uneven production of territoriality between each jurisdiction and tracing these differences though the historical-geographic imaginations of environmental activists and writers of letters to editors of metropolitan newspapers, the paper argues that situated geographies of colonialism inform interactions between (...) environmental and aboriginal politics at their core, thereby demonstrating the centrality of the production of space to the constitution of politics. (shrink)

Transformative and mutually beneficial solutions require decision-makers to reconcile present- and future interests and to align them with those of other decision-makers. Despite the natural co-occurrence of intrapersonal and interpersonal conflicts in the transformation toward sustainability, both types of conflicts have been studied predominantly in isolation. In this conceptual article, we breathe new life into the traditional dialog between individual decision-making and negotiation research and address critical psychological barriers to the transformation toward sustainability. In particular, we argue that research (...) on intrapersonal and interpersonal conflicts should be tightly integrated to provide a richer understanding of the interplay between these conflicts. We propose a novel, unifying framework of interdependent conflicts that systematically structures this interplay, and we analyze how complex interdependencies between the social and temporal dimensions pose fundamental psychological barriers to mutually beneficial solutions. Since challenges to conflict resolution in the transformation toward sustainability emerge not only between individual decision-makers but also frequently between groups of decision-makers, we scale the framework up to the level of social groups and thereby provide an interdependent-conflicts perspective on the interplay between intra- and intergenerational conflicts. Overall, we propose simple, testable propositions, identify intervention approaches, and apply them to transition management. By analyzing the challenges faced by negotiating parties during interdependent conflicts and highlighting potential intervention approaches, we contribute to the transformation toward sustainability. Finally, we discuss implications of the framework and point to avenues for future research. (shrink)

An Irish surrogacy case from 2013 illustrates how negotiations of the mother’s identity in a given national and legal context are drawing on novel scientific perspectives, at a time when the use of new biotechnological possibilities is becoming more widespread and commonplace. The Roman dictum, ‘Mater Semper Certa Est’ is contested by the finding of this Irish court, in which the judge made a declaration of parentage stating that the genetic parents of twins born using a surrogate were the parents. (...) This article critically examines the normative background assumptions involved in this ruling. It will argue that the particular deployment of arguments from genetics and epigenetics in this court case produces a naturalization of the mother’s identity that is inherently reductive. A second surrogacy case is also examined, this time regarding the rights of a woman of Irish nationality to receive paid maternity leave or paid leave similar to adoptive leave after the birth of her daughter to a surrogate mother in the US state of California. This case, which was brought to the Equality Tribunal in Ireland and decided by the Court of Justice of the European Union, is used to illustrate the possible ramifications of conflicting definitions of motherhood in the legal system. In concluding, this article argues for the development and deployment of a more complex understanding of the evolving state of motherhood within the courts, in keeping with developments in the IVF industry and the various new mother-relations it makes possible. (shrink)

Since the emergence of Pakistan the history of Pak-Afghan relations can best be analyzed from conflict to cooperation. Some of the early problems are mainly responsible for conflict and cooperation in both countries relations. After the establishment of democratic setup in both states, different CBMs indicate positive sign in Pak-Afghan diplomatic relationship. The drawdown of US forces has created security concern for Pakistan and Afghanistan that the creation of power vacuum can push the country again into civil war (...) like situation. In such state of security Pakistan’s engagement to bring the Taliban to the negotiation table will smooth the way for a broad-based government in Afghanistan. Some of the Afghan domestic political issues also created mistrust i.e., the refugee’s problem, cross border militant’s infiltrations, drug problem and issue of the Taliban. However, the paper will highlight the measures to keep intact the reconciliation more effective and replace the mistrust by trust. How domestic political issues effect their bilateral relations and why various methods taken in the prescribe time not effective in bilateral relations of the two states. (shrink)

Decisions related to births in the “gray zone” of periviability are particularly challenging. Despite published management guidelines, clinicians and families struggle to negotiate care management plans. Stakeholders must reconcile conflicting values in the context of evolving circumstances with a high degree of uncertainty within a short time period. Even skilled clinicians may struggle to guide the patient in making value–laden decisions without imposing their own values. Exploring the experiences of one pregnant woman and her caregivers, this case study highlights how (...) bias may undermine caregivers’ ability to meet their obligation to enhance patient autonomy and the moral distress they may experience when a patient’s values do not align with their own. Management strategies to mitigate the potential impact of bias and related moral distress are identified. The authors then describe one management strategy used in this case, facilitated ethics consultation, which is focused on thoughtful consideration of the patient’s perspective. (shrink)

Theories of interpersonal conflict analysis and resolution originate from sociology, social psychology and political science. These theories took shape during twentieth century after World War I and World War II. Some of the prominent conflict resolution theories are Burton’s ‘human needs theory’, Roger Fisher’s ‘principled-negotiation’ and Lederach’s ‘Conflict transformation’. Conflict is an inevitable part of living because it is related to situations of scarce resources, division of functions, power relations and role-differentiation. In the organizational environment, (...) awareness of each employee’s nature is critical to success. When such employees are self-aware, workplace conflict can be minimized and can become productive to the organization. This study develops a new three energy framework of personality for conflict analysis and resolution. This framework is based on the ‘ guna’ concept of Bhagavad Gita, an ancient Hindu scripture. The term ‘ guna’ indicates the ‘inherent energy’ with which the human mind functions. These three energies are: Positive Energy ( sattva), Dynamic Energy ( rajas) and Potential Energy ( tamas). People work under influence of these three energies all the time and go through various physical, emotional and intellectual experiences. The quality and quantity of these experiences determines their personality, pattern of behaviours and conduct. (shrink)