In previous work, we have developed the idea that, in some disputes, speakers appear to use (rather than mention) a term in order to put forward views about how that term should be used. We call such disputes “metalinguistic negotiations”. Herman Cappelen objects that our model of metalinguistic negotiation makes implausible predictions about what speakers really care about, and what kinds of issues they would take to settle their disputes. We highlight a distinction (which we have emphasized in prior (...) work) between the question of which disagreements speakers have vs. which disagreements are immediately expressed in a given linguistic exchange. Once this distinction is clear, we can appreciate that speakers who are engaged in a metalinguistic negotiation (where certain issues in conceptual ethics are immediately expressed) can also disagree about other issues, including both other issues in conceptual ethics and “object-level” issues that aren’t about words or concepts. In many metalinguistic negotiations, speakers (we think correctly) care more about these other issues than they do about ones concerning the meaning of a word. Because of this, Cappelen’s objection fails to identify any data that challenge our model. (shrink)

Negotiation and deliberation are two context types or genres of discourse widely studied in the argumentation literature. Within the pragma-dialectical framework, they have been characterised in terms of the conventions constraining the use of argumentative discourse in each of them. Thanks to these descriptions, it has become possible to analyse the arguers’ strategic manoeuvres and carry out more systematic, context-sensitive evaluations of argumentative discussions. However, one issue that still must be addressed in the pragma-dialectical theory—and other contextual approaches to (...) argumentation—is how to distinguish negotiation and deliberation in practice. In this paper, I seek to develop criteria that can help the analyst identify them in discourse. To this end, I characterise the felicity conditions of the superordinate speech acts defining and structuring deliberation and negotiation encounters. (shrink)

Philosophers of language and metaethicists are concerned with persistent normative and evaluative disagreements – how can we explain persistent intelligible disagreements in spite of agreement over the described facts? Tim Sundell recently argued that evaluative aesthetic and personal taste disputes could be explained as metalinguistic negotiations – conversations where interlocutors negotiate how best to use a word relative to a context. I argue here that metalinguistic negotiations are neither necessary nor sufficient for genuine evaluative and normative disputes to occur. A (...) comprehensive account of value talk requires stronger metanormative commitments than metalinguistic negotiations afford. (shrink)

The paper introduces a concept of a ‘negotiated space’ to describe university researchers’ attempts to balance pragmatically, continually and dynamically over time, their own agency and autonomy in the selection of research topics and pursuit of scientific research to filter out the explicit steering and tacit signals of external research funding agencies and university strategies and policies. We develop this concept to explore the degree of autonomy researchers in fact have in this process and draw on semi-structured interview material with (...) research group leaders in Finland and the UK, in the former in seven research fields, in the latter in two fields. First, the analysis reveals that topic selection is strongly filtered by the intra-scientific factors. In topic selection researchers have more leeway, a broader negotiated space than in research content, that is, in the ways in which they pursue their research, which are more affected by funding opportunities and other contextual matters. Second, the ways which affect researchers’ agency include individual- and more aggregate-level acts and factors: at the individual level, researchers resort to different strategies to create a negotiated space, but at the more aggregate level field-specific factors play a role. In fields with multiple funding opportunities, which we call ‘shopping mall’ fields, researchers can have a broader negotiated space than in fields where funding is more based on ‘lottery’. In the latter, the researchers’ negotiated space is narrow and contingent on the outcome of the funders’ decisions. (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)

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)

In economically meaningful interactions negotiations are particularly important because they allow agents to improve their information about the environment and even to change accordingly their own characteristics. In each step of a negotiation an agent has to emit a message. This message conveys information about her preferences and endowments. Given that the information she uses to decide which message to emit comes from beliefs generated in previous stages of the negotiation, she has to cope with the uncertainty associated (...) with them. The assessment of the states of the world also evolves during the negotiation. In this paper we analyze the intertwined dynamics of beliefs and decision, in order to determine conditions on the agents that allow them to reach agreements. The framework for decision making we consider here is based on defeasible evaluation of possibilities: an argument for a choice defeats another one if it is based on a computation that better uses all the available information. (shrink)

In recent work, we have argued that a number of disputes of interest to philosophers – including some disputes amongst philosophers themselves – are metalinguistic negotiations. Prima facie, many of these disputes seem to concern worldly, non-linguistic issues directly. However, on our view, they in fact concern, in the first instance, normative questions about the use of linguistic expressions. This will strike many ordinary speakers as counterintuitive. In many of the disputes that we analyze as metalinguistic negotiations, speakers might quite (...) strongly resist the idea that their debate is in any sense about language. In this paper, we explore and provide responses to what we take to be the best versions of an objection that our view involves an unacceptable attribution of false beliefs to ordinary speakers. (shrink)

Negotiation research primarily focuses on negotiators? interests in order to understand negotiation and offer advice about the prospective outcome. Win-win outcomes, i.e., outcomes that serve the interests of all negotiating parties, have been established and promoted as the ultimate goal for any negotiation situation. We offer a perspective that draws on Aristotle's philosophical program and discuss how the outcome is not defined by the parties? interests, but by the intersubjective validity of claims, which can essentially be treated (...) as representative of the ?truth.? (shrink)

This collection of essays and interviews, some previously unpublished and almost all of which appear in English for the first time, encompasses the political and ethical thinking of Jacques Derrida over thirty years. Passionate, rigorous, beautifully argued, wide-ranging, the texts shed an entirely new light on his work and will be welcomed by scholars in many disciplines--politics, philosophy, history, cultural studies, literature, and a range of interdisciplinary programs. Derrida's arguments vary in their responsiveness to given political questions--sometimes they are vivid (...) polemics on behalf of a position or figure, sometimes they are reflective analyses of a philosophical problem. They are united by the recurrent question of political decision or responsibility and the insistence that the apparent simplicity or programmatic character of political decision is in fact a profound avoidance of the political. This volume testifies to the possibility and the necessity of a philosophical politics. Negotiations assembles some of the most telling examples of the intrinsic relationship, so often affirmed by Derrida in more abstract philosophical terms, between deconstructive reading practices and what is called the "political"--more precisely, politics in an almost down-to-earth, pragmatic, and commonsense use of the word. Among the many subjects covered in the book are: the death penalty in the United States, the civil war in Algeria, globalization and cosmopolitanism, the American Declaration of Independence, Jean-Paul Sartre, the value of objectivity, politics and friendship, and the relationship between deconstruction and actuality. (shrink)

The problem of moral disagreement has been presented as an objection to contextualist semantics for ‘ought’, since it is not clear that contextualism can accommodate or give a convincing gloss of such disagreement. I argue that independently of our semantics, disagreements over ‘ought’ in non-cooperative contexts are best understood as indirect metalinguistic disputes, which is easily accommodated by contextualism. If this is correct, then rather than posing a problem for contextualism, the data from moral disagreements provides some reason to adopt (...) a semantics that allows contextual variance in the meanings of ‘ought’. (shrink)

This paper defends the claim that the traditional Kantian division between two different types of judgments, judgments of personal preference and judgments of taste, does not apply to some contexts in which metalinguistic negotiations take place. To begin, I first highlight some significant similarities between predicates of personal taste and aesthetic predicates. I sustain that aesthetic predicates are gradable and multidimensional, and that they often produce metalinguistic negotiations, characteristics that have motivated an individual treatment for predicates of personal taste. Secondly, (...) contrary to Kant’s claim, I maintain that there are cases where judgments of personal preference are intersubjectively valid; in some contexts of metalinguistic negotiation, judgments of personal preference direct universality to a similar extent as judgments of taste. Some examples of real-life conversations will be presented to illustrate this point. (shrink)

Logical pluralism is the view that there is more than one right logic. A particular version of the view, what is sometimes called domain-specific logical pluralism, has it that the right logic and connectives depend somehow on the domain of use, or context of use, or the linguistic framework. This type of view has a problem with cross-framework communication, though: it seems that all such communication turns into merely verbal disputes. If two people approach the same domain with different logics (...) as their guide, then they may be using different connectives, and hence talking past each other. In this situation, if we think we are having a conversation about “¬A\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lnot A$$\end{document}”, but are using different “¬\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$\lnot $$\end{document}”s, then we are not really talking about the same thing. The communication problem prevents legitimate disagreements about logic, which is a bad result. In this paper I articulate a possible solution to this problem, without giving up pluralism, which requires adopting a notion of metalinguistic negotiation, and allows people to communicate and disagree across domains/contexts/frameworks. (shrink)

The success of Discourse Ethics is premised on the discovery and use of shared values. If this is true what type of negotiation style, especially when used in an intercultural setting, is best suited to make use of shared values. Research focusing on moral arguments between Germans and Americans uncovered an array of shared values. But the existence of shared values, by itself, was not an adequate predictor of a negotiation's success. What did prove to be a predictor (...) of success was the use of a Constructivist style of negotiation by both parties. (shrink)

The article provides an instructive in-depth analysis of communicative practices in the personal blog. Its aim is to document the discursive dynamics and interactional ethics of blogging, with a specific focus on negotiations of the blogging self in-between public and private. Based on key findings from an empirical case study of personal blogs, the article addresses the negotiation of the blogging self from three interdependent perspectives: the network structures, patterns of interaction, and thematic orientations of the blog. Instead of (...) approaching the online self as the individual blogger’s self-presentation to an often unknown and unfamiliar audience, I analyse and discuss the ‘blogging self’ as a relational and collaborative accomplishment, as something that is constantly subject to negotiation between author and readers, and is framed by the blog as a communicative genre. The theoretical foundation for this relational approach to the self is inspired by the work of sociologist Georg Simmel on how individuals attune to their networks of affiliation in a process of socialisation (Simmel 1955). The article contributes to the discussion of ethical behaviour and privacy protection in social media by highlighting the role of phatic communication in the blog. Specifically, I demonstrate how participants in the blog network negotiate and maintain an ethos of privacy protection in and through practices associated with the phatic. They do this by adhering to a ‘principle of sociability’, allowing them to experience their communication as personal but not private. (shrink)

Negotiating Capability and Diaspora examines Amartya Sen’s theory of capability in dialogue with the American philosopher John Rawls. Sen’s theory arose to show an oriental dimension of the critique of utilitarianism that valorizes will power and honor diversity. Indian philosopher Aurobindo also enters the discourse to complement the theory of capability with supra-rational theory of emotional purification. In addition, feminist philosopher Martha Nussbaum plays a major role in the book as do the literary writers of diaspora.

Despite the proliferation of specialised agencies designed to reduce the prevalence of refugees worldwide, the number of individuals fleeing persecution is increasing year on year as endemic violence in countries such as Iraq, Somalia and the Syrian Arab Republic continues. As a result, media broadcasts and political dialogues are saturated with discussions about these “persons of concern”. Fundamental questions nonetheless remain unanswered about what meaning these actors attribute to the label ‘refugee’ and what intent, other than paucity of knowledge, might (...) be driving the term’s use or manipulation. Though this is evidently important in the public arena, where incorrect conflations fuel mistrust and misunderstandings, the ramifications of these divergent understandings at the level of multi-lateral politics have yet to be critically explored. This article applies Barthes’ theory of the multiple orders of the sign to address this. Using the case study of the negotiations preceding the invocation of the Cessation Clause for Rwandan refugees, it illustrates how the word refugee is susceptible to numerous, simultaneous understandings, and discusses the implications of these manifold interpretations for how durable solutions are envisaged and negotiated in the refugee regime. In the case of Rwandan refugees in Uganda, this has meant that over a decade of stalemated discussions between the Governments of Uganda and Rwanda and the United Nations High Commissioner for Refugees over their future have been broken by a series of bilateral concessions that, whilst diminishing the political significance attached to this protracted caseload, have failed to address the continuing precarity of their situation. By conceptualising the word refugee as a sign according to the Saussurean model of semiotics, this paper therefore argues that despite the term’s established legal-normative definition, its inherent malleability makes it susceptible to processes of political instrumentalisation. This elevates the refugee as a rhetorical figure above the refugee as a physical-legal body entitled to certain forms of assistance. (shrink)

While ethics and justice are domains that concern the human, this paper argues that these spheres are organized and given meaning in terms of what lies at the limits of the human subject: children (excluded from political and economic life) and non-human animals. In this respect, the orientation to ethical life takes the form of a disavowal: in the attempt to negotiate human vulnerability, a subjectivity that defines itself in terms of the control of nature displaces its fragility onto children (...) and animals. In the face of environmental catastrophe – and the threats to human security that accompany it – there is a shared sense of the tenuousness of life. An opportunity to comprehend this tenuousness is missed, however, to the extent that both children and animals are romanticized as “innocent”: ethically pure because morally and politically incapable. Because of their exclusion from the sphere of moral action, children and non-human animals have come to represent human vulnerability in general: a vulnerability associated with passivity, and a lack of precisely the control that has produced the problems we now face. This paper argues for a reconsideration of the passivity and vulnerability that lies at the “limits of being human” as the site of ethical and political change. The philosophy of Giorgio Agamben is deployed to think through the caesura between human and non-human animality, and the “passivity” or impotentiality that enables the ethical. Jacques Rancière is also drawn upon to consider the failure to recognize children and animals as political actors. (shrink)

For those not yet acquainted with the work of this philosopher, this book provides a point of entry to his complex theories. For those more familiar with Deleuze, this collection should be useful in broadening their understanding of this influential thinker's journey in search of knowledge.

In this paper I focus on the limits of narrative by asking what kinds of things narratives do, and what kinds of texts do related things in other ways. In particular I focus on how narrative genres organise time in relation to value, drawing on functional linguistic models of temporality and evaluation. From a linguistic perspective, the various narrative genres negotiate different kinds of solidarity with listeners, and so the limits of narrative materialise various possibilities for communing in a culture, (...) alongside the potentialities for construing community through related and other genres of discourse—since in general, the limits/possibilities of our language (and attendant modalities of communication) are the limits/possibilities of our social world. (shrink)

While “meaning negotiation” has become an ubiquitous term, its use is often confusing. A negotiation problem implies not only a convenience to agree, but also diverging interest on what to agree upon. It implies agreement but also the possibility of disagreement. In this chapter, we look at meaning negotiation as the process through which agents starting from different preferred conceptual representations of an object, an event or a more complex entity, converge to an agreement through some communication (...) medium. We shortly sketch the outline of a geometric view of meaning negotiation, based on conceptual spaces. We show that such view can inherit important structural elements from game theoretic models of bargaining – in particular, in the case when the protagonists have overlapping negotiation regions, we emphasize a parallel to the Nash solution in cooperative game theory. When acceptable solution regions of the protagonists are disjoint, we present several types of processes: changes in the salience of dimensions, dimensional projections and metaphorical space transformations. None of the latter processes are motivated by normative or rationality considerations, but presented as argumentation tools that we believe are used in actual situations of conceptual disagreement. (shrink)

This article seeks to present challenges of negotiating difference and diversity in Christiancommunities in South Africa today. It reflects the intersectional nature of racial, gender, ethnicand economic difference, and ways in which land, capital and other power constructs continueto underpin and deepen exclusion. It then considers the status of diversity in Christiancommunities highlighting ways in which the fault lines in society are running throughChristian communities, and how such communities almost spontaneously engage in ‘othering’more naturally than in ‘embracing’. The article proposes (...) the re-conceptualisation of diversitywithin the bigger South African project of socio-economic transformation, and that theconversation about difference and diversity in Christian communities should be brought intodialogue with critical diversity theory, which considers diversity in relation to equity, humanrights and social justice. Finally, the article provides an overview of the contributions that formpart of this collection of articles, tracing how a number of Christian communities seek tonegotiate diversity and difference ecclesially and theologically. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Negotiating International Bioethics: A Response to Tom Beauchamp and Ruth MacklinRobert Baker (bio)AbstractCan the bioethical theories that have served American bioethics so well, serve international bioethics as well? In two papers in the previous issue of the Kennedy Institute of Ethics Journal, I contend that the form of principlist fundamentalism endorsed by American bioethicists like Tom Beauchamp and Ruth Macklin will not play on an international stage. Deploying techniques (...) of postmodern scholarship, I argue that principlist fundamentalism justifies neither the condemnation of the Nazi doctors at Nuremberg, nor, as the Report of the Advisory Committee on the Human Radiation Experiments (ACHRE) demonstrates, condemnation of Cold War radiation researchers. Principlist fundamentalism thus appears to be philosophically bankrupt. In this issue of the Journal, Beauchamp and Macklin reject this claim, arguing that I have misread the ACHRE report and misunderstood Nazism. They also argue that the form of post-postmodern negotiated human rights theory that I proffer is adequate only insofar as it is itself really fundamentalist; insofar as I take postmodernism seriously, however, I mire international bioethics in relativism. In this response, I reaffirm my anti-fundamentalism, provide further evidence in support of my reading of the ACHRE report, and defend my post-postmodern version of rights theory. I also develop criteria for a minimally adequate theoretical framework for international bioethics.Universal Morality Reconsidered 1Paradoxically, the need for content-full universal moral principles tends to be most deeply felt and most adamantly asserted in the face of striking evidence of their absence. People are inspired to claim that Nazis must accept the universal principle that doing harm is wrong because they are appalled by the horror of the Holocaust. Yet the event itself provides palpable evidence that the Nazis saw no wrong in doing harm. One has the suspicion that claims of universalism [End Page 423] confound philosophical aspirations with empirical observations. This distinction makes a significant difference because empirical claims can be disconfirmed by data, whereas philosophical claims can only be challenged on the level of theory.I am, like Tom Beauchamp and James Childress, a common morality theorist. Thus, I believe, as they do, that ethics “relies heavily on ordinary shared moral beliefs for its content, rather than relying on pure reason, natural law, a special moral sense, and the like” (Beauchamp and Childress 1994, p. 100). For most of human history sexism and slavery were considered moral. They certainly were the norm. Thus, if one looks to common morality as the source of moral content, empirical claims of moral universalism appear suspect. Insofar as one would condemn sexism and slavery, one needs to find some theoretical justification for condemnation that goes beyond a consensus on moral content (hence my embrace of the structural analogue of human rights theory).Beauchamp, however, takes a very different view. He asserts in his critique of my position, that: “it is an institutional fact about the substance of morality (not merely [as Baker claims] the formal features of the concept of morality and not merely my view of it) that it contains fundamental and shared precepts. It is by appeal to this shared moral substance that persons are enabled to make justifiable cross-temporal and cross-cultural judgments” (Beauchamp 1998, p. 395). Beauchamp is thus claiming that it is both an empirical and a conceptual truth there is common core underlying the morality of all societies. He fleshes this claim out in another passage.[T]he term morality refers to norms about right and wrong human conduct that are so widely shared that they form a stable... communal consensus.... These standards sometimes vary from society to society, but embedded in the beliefs of all moral societies are the core dimensions of morality: Persons must keep their promises, must respect the rights of others, must not kill or cause harm to innocent persons, must not abuse children, and the like. All morally committed persons are comfortable with these norms and do not doubt their relevance and importance.(Beauchamp 1998, p. 394)Insofar as Beauchamp is making an empirical claim in this passage, the examples cited are problematic. “Promise keeping,” for example, cannot be a cultural universal because the practice is... (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)

Meetings are complex institutional events at which participants recurrently negotiate institutional roles, which are oriented to, renegotiated, and sometimes challenged. With a view to gaining further understanding of the ongoing negotiation of roles at meetings, this article examines one specific recurring feature of meetings: the act of proposing future action. Based on microanalysis of video recordings of two-party strategy meetings, the study shows that participants orient to at least two aspects when making proposals: 1) the acceptance or rejection of (...) the proposal; and 2) questions of entitlement: who is entitled to launch a proposal, and who is entitled to accept or reject it? The study argues that there is a close interrelation between questions of entitlement, aligning and affiliating moves, and the negotiation of institutional roles. The multimodal analysis also reveals the use of various embodied practices by participants for the local negotiation of entitlement and institutional roles. (shrink)

This paper assesses the first-person authority account (FPA) of gender, according to which X's self-identification of what X's gender is, is the final say on what X's gender is, such that if others disagree, they are mistaken. One main reason in support of FPA is respecting X's autonomy—that is, overriding X's self-identification amounts to denying X's autonomy. Ozturk criticizes this view using analogies of religious and patriotic self-identifications, such that there are cases in which someone can permissibly claim that another (...) is not, say, a true Muslim or a true patriot. This implies that there might also be cases of permissible rejections of gender self-identification. Ozturk offers instead the negotiative theory of identity, according to which it is permissible to reject a self identification as long as three constraints are satisfied: no harm is done to the self-identifier, and their privacy and dignity are not violated. (This essay is a slightly revised version of that found in the 7th edition of The Philosophy of Sex.). (shrink)

In 2004, twelve capuchin monkeys were moved from the labs of the Danish psychiatric hospital of Sankt Hans to a small private-owned zoo in another part of Denmark in order to be rehabilitated. These monkeys were the last nonhuman primates to be used as research animals in Danish biomedical laboratories. The normal procedure would be to kill research animals after the termination of an experiment; in this case, however, a decision was reached to close down the lab. The moral landscape (...) had changed, and it was no longer considered acceptable to use nonhuman primates in Danish biomedicine. From being considered a biological resource serving as a model of man, the monkeys had become moral subjects with a claim to a life suiting their natural needs. Simultaneously, the monkeys became instrumental in creating moral legitimacy for the actors involved in their rescue. What we see is an instance of pathfinding in a changing moral landscape where actors negotiate nonhuman primate nature as they create new moral positions for themselves. (shrink)

Everybody negotiates. But not everybody negotiates ethically. One driver of unethical negotiation behavior is power. Yet, we still haven’t discovered the principalmoderating and mediating influences between power and ethical negotiation behavior. In this pair of experimental studies we’re interested in finding out how resilience and moral identity affect an individual’s ethical behavior in both simple and complex negotiations when primed for power.

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...) might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

Negotiating clinical knowledge: a field study of psychiatric nurses’ everyday communication Nursing practices at psychiatric hospitals have changed significantly over the last decades. In this paper, everyday nursing practices were interpreted in light of these institutional changes. The objective was to examine how mental health nurses’ production of clinical knowledge was influenced by the particular social relations on hospital wards. Empirical data stemming from an extended fieldwork at two Danish psychiatric hospital wards were interpreted using interactionistic theory and the metaphor: (...) ‘the game of clinical knowledge’. The results indicated that the nurses’ production of clinical knowledge was highly dependent on the individual nurses’ practical ability to participate in the game. Furthermore, the nurses colluded in their mutual communication to enable the collective display and sense of knowing that protected them against explicit signs of uncertainty about the clinic. The game of clinical knowledge influenced processes of clinical decision‐making among the nurses as the game added to a distorted widening of a ‘fictional distance’ between patients and the representations produced by the nurses. (shrink)

In this paper I utilize anthropological insights to illuminate how health professionals and patients navigate and negotiate what for them is social about tuberculosis in order to improve treatment outcomes and support patients as human beings. I draw on ethnographic research about the implementation of the DOTS approach in Georgia’s National Tuberculosis Program in the wake of the Soviet healthcare system. Georgia is a particularly unique context for exploring these issues given the country’s rich history of medical professionalism and the (...) insistence that the practice of medicine is a moral commitment to society. I argue for critical attention to the ways in which treatment recipients and providers navigate what, for them, is “social” about therapeutic practices and their significance for avoiding biological and social reductionism. (shrink)

This paper raises a new form of speaker error objection to the analysis of disputes as metalinguistic negotiations in cases in which disputants reject that analysis. It focuses on an obvious but underexplored form of speaker error: speakers’ misattribution of contents both to others and to themselves. It argues that the analyses of disputes that posit this type of speaker error are uncharitable in three different ways: first, by portraying speakers as mistaken interpreters of their interlocutors; second, by portraying speakers (...) as uncharitable interpreters of their interlocutors; third, by portraying speakers who retract their claims as mistaken interpreters of their own prior utterances. Taken together, these unfavorable consequences weigh significantly against the plausibility of this type of analysis for the cases in question. (shrink)

Based on ethnographic research, this study investigates the meaning and impact of women’s involvement in South Korean evangelicalism. While recent works addressing the “paradox” of women’s participation in conservative religions have highlighted the significance of these religions as unexpected vehicles of gender empowerment and contestation, this study finds that the experiences and consequences of Korean evangelical women’s religiosity are highly contradictory; although crucial in women’s efforts to negotiate the injuries of the modern Confucian-patriarchal family, conversion, for many women, also signifies (...) their effective redomestication to this family/gender regime, which helps maintain current gender arrangements. To address this tension, the article explores the meaning of religious submission in the Korean context, focusing on the motivations behind women’s consent to patriarchy, which are rooted in women’s contradictory desires regarding the family system and the ambivalent subjectivities that they evoke. (shrink)

Traditional courtship norms delineate distinct gendered behaviors for men and women based on the model of a dominant, breadwinning male and a passive, dependent female. Previous research shows, however, that as women have increased their access to earned income, there has been a rising ideological and behavioral commitment to egalitarian relationships. Drawing on in-depth interviews with 38 college-educated women, this article explores how women negotiate these seemingly contradictory beliefs in order to understand how and why gendered courtship conventions persist even (...) as heterosexual romantic relationships become more egalitarian. My findings show that while the women reference essentialist beliefs about men’s “nature” to explain their commitment to courtship conventions, they draw on narratives of choice, individualism, and personal autonomy to assert that the symbolic gendering of courtship will not interfere with their desire for an egalitarian marriage. However, women’s behaviors and narratives reinforce notions of gender difference, potentially providing support for other forms of gender inequality. (shrink)

Negotiation Support Systems have traditionally modelled the process of negotiation. They often rely on mathematical optimisation techniques and ignore heuristics and other methods derived from practice. Our goal is to develop systems capable of decision support to help resolve a given dispute. A system we have constructed, Family_Winner, uses empirical evidence to dynamically modify initial preferences throughout the negotiation process. It sequentially allocates issues using trade-offs and compensation opportunities inherent in the dispute.

Trust between a patient and a medical doctor is normally both justified and taken for granted, but sometimes it may need to be negotiated. In this paper I will present how trust can be interpreted as both an explicit and implicit phenomenon, drawing on literature from the social sciences and philosophy. The distinction between explicit and implicit interpretations of trust will be used to address problems that may arise in clinical consultations. Negotiating trust in any way very easily brings distrust (...) into a situation, but sometimes this can be helpful for building a more functional patient-doctor relationship. (shrink)

Historians typically tell stories about the past, but how are we to understand the epistemic status of those narratives? This problem is particularly pressing for history education, which seeks guidance not only on the question of which narrative to teach but also more fundamentally on the question of the goals of instruction in history. This article explores the nature of historical narrative, first, by engaging with the seminal work of Hayden White, and second, by developing the critique of White by (...) David Carr. The picture of historical inquiry that emerges is one in which the fundamental cognitive activity is one of negotiating among narratives. Students, like historians, like any of us, come to the work of historical inquiry in possession of prior narratives, which are then thrown into an encounter with other narratives of varying size and scope. Good historians enact the negotiation among narratives responsibly and well, demonstrating the virtues of historical interpretation. History education, therefore, ought to help students improve their historical interpretations at the same time as it fosters those qualities that make them good interpreters. (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)

Some versions of moral naturalism are faulted for implausibly denying that moral obligations and prescriptions entail categorical reasons for action. Categorical reasons for action are normative reasons that exist and apply to agents independently of whatever desires they have. I argue that several defenses of moral naturalism against this charge are unsuccessful. To be a tenable meta-ethical theory, moral naturalism must accommodate the proposition that, necessarily, if anyone morally ought to do something, then s/he has a categorical reason to do (...) it. Versions of moral naturalism that deny this claim would, if widely believed, disable some crucial practical uses of moral concepts. In particular, if the existence of normative reasons for action is taken to be dependent on agents’ desires, it would breed profound skepticism about the legitimacy of evaluating others’ actions from a moral point of view. Also, it would raise doubts about whether people ought to correct their own behavior in light of moral considerations. Following Richard Joyce, I take these consequences to indicate that the concept of a categorical reason is a “non-negotiable” part of moral concepts. (shrink)

Historical political entities differ in their understanding of sovereignty. This paper studies how conceptualizations of sovereignty clashed during the peace negotiations between the Spanish Monarchy and the United Provinces of the Low Countries held during the 1640s. It argues that these different understandings of sovereignty posed a significant obstacle to the signing of the peace and, once signedm remained a potential source of instability in the relationship not only between both polities but also for the internal equilibrium of the Dutch (...) Republic. (shrink)

This paper examines the overwhelming desire of transnational adoptees to establish a connection with their origins in order to both come to terms with the past and develop an understanding of their identity. It considers the ethical ramifications of the commodification of human bodies. It is suggested that the idea of displacement is most helpful in approaching questions of transnational adoption. In this way, we can look at transnational adoption as a 'beginning' - one that disappears into the present moment, (...) becoming the constitutive reality underlying Derrida's concern with displacement - rather than its origin. For, what does the quest for a return to the point of origin entail? Transnational adoptees, when they embark on the journey of reclaiming their past, of coming to terms with their sense of loss, realise that there is no simple comfort in returning - that they are inevitably caught in the two worlds in which they co-exist. It is through this recognition of the traces that are contained in them, through this displacement, that they are able to negotiate identity. (shrink)

Context: Constructivist teachers who find themselves working within an educational system that adopts a realist epistemology, may find themselves at odds with their own beliefs when they catch themselves paying closer attention to the knowledge authorities intend them to teach rather than the knowledge being constructed by their learners. Method: In the preliminary analysis of the mathematical learning of six low-performing Year 7 boys in a Maltese secondary school, whom one of us taught during the scholastic year 2014-15, we constructed (...) a conceptual framework which would help us analyze the extent to which he managed to be sensitive to constructivism in a typical classroom setting. We describe the development of the framework M-N-L as a viable analytical tool to search for significant moments in the lessons in which the teacher appeared to engage in what we define as “constructivist teaching” during mathematics lessons. The development of M-N-L is part of a research program investigating the way low-performing students make mathematical sense of new notation with the help of the software Grid Algebra. Results: M-N-L was found to be an effective instrument which helped to determine the extent to which the teacher was sensitive to his own constructivist beliefs while trying to negotiate a balance between the mathematical concepts he was expected to teach and the conceptual constructions of his students. Implications: One major implication is that it is indeed possible for mathematics teachers to be sensitive to the individual constructions of their learners without losing sight of the concepts that society, represented by curriculum planners, deems necessary for students to learn. The other is that researchers in the field of education may find M-N-L a helpful tool to analyze CT during typical didactical situations established in classroom settings. (shrink)

The 1950s were a frenetic moment in the European integration process during which the European Economic Community (EEC), the ultimately abortive Free Trade Area (FTA), and subsequently the European Free Trade Association (EFTA) were all negotiated. Trade unions showed keen interest in these schemes; moreover, their own highly institutionalised cooperation suggested they might come to play a key role in shaping them. And yet scholars have argued how divergent traditions and domestic pressures precluded the emergence of a coherent trade union (...) platform on European unity. While not rejecting the structural weaknesses of union internationalism in this regard, this article asks why union centres nevertheless continued to engage with one another on the integration question. Focusing on the British Trade Unions Congress (TUC) and deploying a transnational approach to best understand the interaction between the national and international levels, it shows that union linkages still offered the TUC and its counterparts a valuable chance to learn from and persuade others – and even their governments – of their views, objectives and affairs. Such trade union diplomacy was thus in and of itself valuable despite wider union spats and misgivings, and did at times impact the broader language and approach of the countries involved. (shrink)

This essay looks to the complex intercultural relations of China and Korea to highlight two important issues in political theory and international relations: the transnational nature of world politics and the limits of analytical binaries such as East‐West and tradition‐modernity. Discussions of international politics in East Asia characteristically address issues of security and development studies. More recently, Confucianism has been mobilized as part of the clash of civilizations of Asia with the West. This essay will consider how cultural boundaries are (...) negotiated within the region via an analysis of the workings of the transnational discourse of Confucianism in the construction of Korean identity. While many make truth claims about what ‘Confucianism’ means in Korea, this essay examines the discursive economies of ‘Confucian events’ in three overlapping social spaces: official, mass media, and academic. This essay will show the diversity of Confucianism within East Asia, and underline how rather than being a simple orthodoxy, the shape of Confucianism is an active political issue. While many try to define a core ‘Korean Confucianism’, I argue that we should use Confucianism as an analytical tool to understand something else, citing how some scholars are using Confucianism for the specific project of building democracy in Korea. (shrink)

While multi-stakeholder partnerships are emerging as an increasingly popular approach to address grand challenges, they are not well studied or understood. Such partnerships are rife with difficulties arising from the fact that actors in the partnership have different understandings of the grand challenge based on meaning systems which have distinct and often opposing assumptions, values, and practices. Each partnership actor brings with them their individual values as well as the values and work practices of their home organization’s culture, alongside the (...) wider meaning systems present within the sectoral spaces in which each organization is situated—public, private, or nonprofit. Yet, there is little understanding of how actors in multi-stakeholder partnerships negotiate multi-level meaning systems to reach partnership goals. In this 16-month ethnographic study, we take up a negotiated culture perspective to holistically examine the negotiation of multi-level meaning related to a focal grand challenge in a multi-stakeholder partnership established to end homelessness in Western Canada. Based on our findings, we contribute a process model to explain the ongoing negotiation of multi-level meanings in multi-stakeholder partnerships working to address grand challenges. (shrink)

This article is an ethnographic analysis of the mutuality that is possible in relationships between caregivers and women with intellectual disabilities who live together in L'Arche homes. Creating mutuality through which both parties grow and exercise agency requires that caregivers learn to negotiate delicate power relations connected to the physics of care and to reframe dominant stereotypes of disability. This helps them to support the women with intellectual disabilities to name and achieve their desires.