Was Machiavelli right? Lying in negotiation and the art of defensive self-help


The majority of law review articles addressing lying and deception in negotiation have argued, in one form or another, that liars and deceivers could be successfully reined in and controlled if only the applicable ethics rules were strengthened, and if corresponding enforcement powers were sufficiently beefed up and effectively executed. This article takes a different approach, arguing that the applicable ethics rules will likely never be strengthened, and, furthermore, that even if they were, they would be difficult to enforce in any meaningful way, at least in the context of negotiation. The article concludes that lawyers, businesspeople, and everyone else who engages in negotiation should learn how to carefully and purposefully implement mindsets, strategies, and tactics to defend themselves against others who lie and deceive. The article sets forth those defensive devices and offers prescriptive advice for minimizing one's risk of being exploited in a negotiation should other parties lie.



    Upload a copy of this work     Papers currently archived: 89,764

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

  • Only published works are available at libraries.


Added to PP

58 (#245,318)

6 months
1 (#1,018,209)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references