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)

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)

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)

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)

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.

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)

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)

In this paper, we demonstrate how the language and reasonings that academics, developers, consumers, marketers, and journalists deploy to accept or reject AI as authentic intelligence has far-reaching bearing on how we understand our human intelligence and condition. The discourse on AI is part of what we call the “authenticity negotiation process” through which AI’s “intelligence” is given a particular meaning and value. This has implications for scientific theory, research directions, ethical guidelines, design principles, funding, media attention, and the (...) way people relate to and act upon AI. It also has great impact on humanity’s self-image and the way we negotiate what it means to be human, existentially, culturally, politically, and legally. We use a discourse analysis of academic papers, AI education programs, and online discussions to demonstrate how AI itself, as well as the products, services, and decisions delivered by AI systems are negotiated as authentic or inauthentic intelligence. In this negotiation process, AI stakeholders indirectly define and essentialize what being human(like) means. The main argument we will develop is that this process of indirectly defining and essentializing humans results in an elimination of the space for humans to be indeterminate. By eliminating this space and, hence, denying indeterminacy, the existential condition of the human being is jeopardized. Rather than re-creating humanity in AI, the AI discourse is re-defining what it means to be human and how humanity is valued and should be treated. (shrink)

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)

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)

The article examines negotiations as dialogues concerning conflicting interests among participants. It argues that negotiations represent the primary and most socially significant type of dialogue. This is evidenced by the disproportionate volume of research dedicated to negotiations compared to other forms of dialogue, as well as the multidisciplinary approach to their study. The purpose of the article is to investigate negotiations through the lens of epistemology, one of the disciplines involved in their analysis. The author contends that negotiations are epistemological (...) processes governed by epistemological principles. To elucidate these principles, the article explicates key categories serving as research instruments, primarily focusing on the concepts of “negotiation” and “interest.” The relationship between “interest” and related concepts such as “desire,” “need,” and “benefit” is explored. There are two types of dialogue: those concerning the veracity of descriptions and those focused on the rationality of prescriptions. The article elucidates the distinct nature of negotiations as dialogues about prescriptions. The article also underscores the importance of the categories of “research” and “communication” in understanding the nature of negotiations. Since negotiations are fundamentally a form of communication, the examination of conflicting interests and the search for solutions to these conflicts do not fall within the negotiation process itself. These tasks are addressed prior to negotiations, during the research phase. The purpose of negotiations is to discuss and either accept or reject the outcomes of these preliminary investigations, particularly pre-drafted agreements on resolving conflicts of interest. Based on this framework, the article explores the epistemological mechanisms underlying negotiations related to the division, consolidation, and exchange of benefits. Additionally, the Harvard Negotiation Program, which seeks to transform negotiations from a confrontation of positions into a collaborative search for a shared solution, is subjected to epistemological analysis. The role of empathy in facilitating this transformation is also discussed. In conclusion, it is argued that an epistemological analysis of negotiations not only deepens our understanding of their nature as a distinct form of communication but also offers tools for enhancing negotiation practices, promoting the resolution of conflicts of divergent interests in various social conflicts without resorting to physical confrontation. (shrink)

Ethical reasoning as an action (praxis) as opposed to a knowing (epistemology) strategy is not always effective in guilding ethical, stopping or turning around unethical organizational behavior. In contrast, nonviolent forcing strategies can be very effective, but also destructive. If reasoning is an idealistic thesis and forcing is its pragmatic, material antithesis, then do we need a synthesis action (praxis) strategy such as problem solving negotiating? There are also limitations with negotiating.

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)

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)

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)

Drawing on in-depth interviews with thirty-six lesbians, this article offers a feminist qualitative analysis of lesbian conception practices. The article examines the ways lesbian actors negotiate biomedical discourse in ways that reveal the co-constitutiveness of nature and culture, bodies and technologies, and biomedical and subjective knowledge. The article offers the concept of hybrid technologies, which are described as lesbian pragmatic negotiations of shifting control loci of technoscience. The author argues that lesbians' pathways to pregnancy are characterized by a negotiation (...) of discursive elements from alternative health discourses and biomedical knowledge, of various forms of technology, and of what is often termed the authoritative, objective, and scientific with the subjugated, subjective, and the embodied. In doing so these actors complicate through multiple agencies what is often interpreted as a totalizing force of biomedicalization. (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)

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)

Central to the ethical concerns raised by the prospect of increasingly autonomous military robots are issues of responsibility. In this paper we examine different conceptions of autonomy within the discourse on these robots to bring into focus what is at stake when it comes to the autonomous nature of military robots. We argue that due to the metaphorical use of the concept of autonomy, the autonomy of robots is often treated as a black box in discussions about autonomous military robots. (...) When the black box is opened up and we see how autonomy is understood and ‘made’ by those involved in the design and development of robots, the responsibility questions change significantly. (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)

Negotiating proves a precarious ability. The development of the arts of compromise and negotiating is not self-evident. Confrontation, flight and direct physical attack prove much more tempting in human history. How did these skills develop? The typical power and dependency network that evolved in western Europe in particular, is a significant factor. Different patterns of emotion management emerged in interaction with changing power balances. These patterns bred the skills of negotiating and compromise.

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 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)

The general importance of negotiations and bargaining as means of decision making has given rise to considerable research within two broad paradigms. The behavioral paradigm has attempted to discover rationality in specific situations in order to generalize. The formal paradigm has assumed a general rationality which could be applied to specific problems. This strict dichotomy imposes unnecessary restrictions on the use of formal approaches to structure, represent, and support negotiators. Logic-based approaches, such as rule-based formalism, make it possible to blend (...) unique and specific aspects of a problem, with general reasoning mechanisms and rationality postulates. This paper introduces rule-based formalism and discusses its advantages and disadvantages. It attempts to present its ability to represent complex decision processes and to reason using formal structures. The approach is illustrated with several simple examples. (shrink)

The classification of clinical problems, such as AIDS, requires choices. Choices are made on epistemic (i.e., knowledge-based) and non-epistemic (i.e., action-based) grounds. That is, the ways in which we classify clinical problems, such as AIDS, involve a balancing of different understandings of clinical reality and of clinical values among participants of the clinical community. On this view, the interplay between epistemic and non-epistemic interests occurs within the embrace of particular clinical contexts.The ways in which we classify AIDS is the topic (...) of this paper. We consider the extent to which we construct clinical reality; we examine a suggested classification of AIDS; and we conclude suggesting that the choice regarding how to classify AIDS is the result of negotiation among participants in the clinical community. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Negotiating Maternal IdentityAdrienne Rich’s Legacy for Inquiry into the Political-Philosophical Dimensions of Pregnancy and ChildbirthCandace JohnsonGiving birth has been described as the crossing of an imaginary threshold, which separates an independent maternal self from some sort of dual or subordinate existence. The metaphor of a border has also been employed to demonstrate this transformation, which may be liberating, oppressive, or some complex combination thereof (Weir 2006; Martinez 2004). What (...) happens, in psychic and sociopolitical terms, in the journey across this border? Can a woman, as an independent, autonomous being, preserve her identity, her selfhood as a mother? Is the transition to motherhood an expression of culture or nature? The answers to these questions are infinitely complex, yet are at the core of philosophical, political, and personal explorations of the maternal. Central to these explorations are academic critiques and personal responses to the biomedical mediation of the transition to motherhood. For some women, medical intervention in pregnancy and childbirth is inherently oppressive, whereas for other women such intervention is a marker of privilege. In a groundbreaking volume published in 1998, Margaret Lock and Patricia Kaufert argue that women respond to different biomedical interventions in pragmatic ways, which reflect their lived experiences. They claim that “it is more appropriate to understand women’s responses in medical settings as reflecting their daily experiences as part of a domestic group, a community, or a society” (19). [End Page 65]I would like to advance this analysis by suggesting that women respond to biomedical intervention in pregnancy and childbirth in ways that reflect not simply their practical needs and realities, but important details about inequality and identity. Women’s relative degrees of power and agency in society are expressed through their preferences for care during pregnancy and childbirth. In addition, and in connection with the (structural) dynamics of inequality, these preferences reflect the complexities of shifting, negotiated, maternal identities. In order to consider the ways in which women negotiate maternal identity through their preferences concerning care during pregnancy and childbirth, I will examine the contributions of Adrienne Rich, which effectively serve as the foundation for this and countless other areas of women’s and gender studies. In Of Woman Born, Rich dedicates two full chapters to childbirth, and explains in these chapters that the institution of childbirth has come to dominate and eclipse women’s experiences. Moreover, the patriarchal circumscription of childbirth is reinforced by the isolation of childbirth (and motherhood) from other life events. Rich demonstrates these problems through the metaphor of “giving birth to oneself ” (29), which has (at least) two distinct meanings: self actualization and self replacement.My investigation into these meanings will include an examination of Rich’s philosophical treatment of pregnancy and childbirth and an assessment of the sociopolitical implications of both conceptions of “giving birth to oneself.” I will then subject these conceptions to empirical testing, as Rich insists. Such empirical testing is crucial because the social and political dimensions of the institutions of childbirth and motherhood are complex and differ from one context to the next. Rich explains that[t]o hold power over others means that the powerful is permitted a kind of short-cut through the complexity of human personality. He does not have to enter intuitively into the souls of the powerless, or to hear what they are saying in their many languages, including the language of silence. Colonialism exists by virtue of this short-cut—how else could so few live among so many and understand so little?(65)This essay will avoid a similar shortcut often taken by theorists, which builds philosophical arguments without empirical support. The empirical cases to be considered in the context of philosophical debate include Canada, Honduras, and Cuba, and details of each case will be drawn from extensive interview data from a larger empirical study.1 In the Canadian context, resistance to the constraining effects of motherhood as institution is reduced to resistance to medical regulation of pregnancy and childbirth. The benefit indicated by this resistance is that women have found ways to expand their range of options and reinterpret the birthing event, thereby integrating it into other realms [End Page 66... (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)

My aim in this chapter is to use Marina Sbisà’s idea of interactional negotiation to consider what it is for conversing agents to follow illocutionary conventions or, as John L. Austin would put it, what it is for an illocutionary act to be done as conforming to a convention. The chapter is organized into two parts. In the first one, I use the Austinian notions of uptake and response as well as the Lewisian concept of accommodation to discuss a (...) few examples of force negotiation and develop a model of its underlying mechanisms. In the second part, I suggest that interactional negotiation plays a key role in the functioning of all language conventions—phatic, rhetic, illocutionary, etc.—construed along the Millikanian lines, i.e., as families or lineages of linguistic precedents. My contention is that the ideas I propose in this chapter are compatible with Sbisà’s theory of speech acts and can be regarded as its possible extension. (shrink)

Open peer commentary on the article “Negotiating Between Learner and Mathematics: A Conceptual Framework to Analyze Teacher Sensitivity Toward Constructivism in a Mathematics Classroom” by Philip Borg, Dave Hewitt & Ian Jones. Upshot: Borg et al. argue that there is a Mathematics-Negotiation-Learner structure that can be used as a conceptual framework in order to evaluate the application of radical constructivism in teaching. This structure assumes a coherent consensual domain that is the mathematics being negotiated. However, there are at least (...) four different consensual domains that make up mathematics. The mathematics that is the consensual domain in an RC classroom has distinct features that are designed to support the student’s construction of mathematics. (shrink)

Abstract:Analyzes the ways in which the queer Latinx experience is permeated by the processes of political struggle that each nation has gone through since the beginning of Cold War. In this endeavor, the essay considers how such struggles have engendered gestures that link individuals through a kind of kinship—one that needs no words in order to act as a resistance platform. Therefore, the essay traces how queer people in Puerto Rico, Nicaragua, Cuba, Venezuela, and the Ecuadorian diaspora negotiate with power; (...) whether they do it by pushing a political agenda, or by turning to silence in order to deceive their oppressors. (shrink)

Ethics consultation at the bedside has been hailed as a better way than courts and ethics committees to empower patients and make explicit the value components of treatment decisions. But close examination of the practice of ethics consultation reveals that it in fact risks subverting those ends by interpolating a third (expert) party into the doctor-patient encounter. In addition, the practice of bioethics through consultation does the broader cultural work of fashioning a shared moral order in the face of manifestly (...) plural individual commitments. In doing so, however, bioethics furthers medicine's position as a privileged domain of public moral discourse in contemporary American society. (shrink)

Western language philosophy studies meaning from diverse aspects, with a core concern for how meaning is formulated and interpreted. The artificial-language and natural-language schools are two camps in this philosophical undertaking, the former insisting on scientific logic and positivism in meaning verification while the latter emphasizing subjective intention and context in meaning interpretation. Semiotics provides another semantic perspective that tips toward the theory of the natural-language school. This article compares the semantic thought of analytical language philosophers with that of a (...) Chinese semiotician – Yiheng Zhao, who defines meaning as the interpretative potential between any two signs, and, being the product of signifying activities, meaning should be stipulated as dynamic process instead of a static essence. Thus, the interpretation of meaning is totally free of the shackles of logical positivism and radical interpretation required by the artificial-language school. On the other hand, differing from the natural-language school, meaning in Zhao’s semiotic theory can be either expressive or communicative, which means meaning that has originated from an expresser does not necessarily need an interpreter like the utterer-audience binary in Grice’s theory. Compared with Anglo-American analytical language philosophers, Zhao shows more affinities in semantic thought with the continental philosophers – Husserl, Heidegger, Gadamer, Habermas, and Ricoeur. (shrink)

In debates over abortion, the foetus and the woman have been continually positioned as antagonists. Given the stakes involved in such debates about personal integrity, individual responsibility, life and death, it is no wonder that many radical feminist authors have concentrated on refocusing the attention on women and away from the disembodied foetus. Such writers have worked hard to decode and deconstruct the public foetus in our midst and have mobilized interpretative tools such as cultural criticism to contextualize the production (...) and consumption of foetal images. Barbara Duden's book, The Public Foetus, is an important and interesting contribution to this effort, which is still taken up by authors writing in this field. Duden's strategy is to seek to remind us (and in particular those who are involved in reproductive medicine) that pregnancy is concentrated in the embedded pregnant woman rather than the disembodied ‘public foetus’ and she attempts to retrieve the embodied woman as the site of pregnancy through what Michaels has termed a ‘fetal disappearing act’. While this may create as many problems for women as it resolves, I would argue that, while the ‘public foetus’ continues to loom large in the politics of abortion and women's positions in relation to the new reproductive technologies remain contested, Duden's work remains important in the continuing debate about how women's reproductive freedom can be continually re-negotiated and re-established. (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)

Women's community participation re community and identity. In this article, the author explores the collective identities that are built around motherhood, rape-crisis work, Latino empowerment, and political activism for 39 Anglo and 11 Latina women. The reflexive relationship between communities and identities in relation to class background, gender, age, generation, and race-ethnicity are examined. It is argued that women embrace—as well as negotiate—cultural expectations of mothers, homemakers, and elders through their community participation. The author explores work in the community as (...) a venue for women to stretch across class-based interests and race-ethnic identities even while both influence women's community involvements. Finally, the often overlooked relationships between women's community participation and discourses of state responsibility for citizens are considered by indicating ways in which women channel state resources and expand the parameters of the needs and meaning of “community.”. (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 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)

In this conceptual paper, we propose that both skill set development and mindset development would be desirable dimensions of negotiation training. The second dimension has received little attention thus far, but negotiation mindsets, i.e., the psychological orientations by which people approach negotiations, are likely to have a considerable influence on the outcome of negotiations. Referring to empirical and conceptual mindset studies from outside the negotiation field, we argue that developing mindsets can leverage the effectiveness of skills and (...) knowledge, increase learning transfer, and lead to long-term behavioral changes. We introduce an integrative negotiation mindset that comprises three inclinations which complement each other: a collaborative, a curious, and a creative one. We also discuss activities that help people to develop and enhance this mindset both in and out of the classroom. Our general claim is that by moving beyond the activities of conventional negotiation training, which focuses on skills and knowledge, mindset-oriented negotiation training can increase training effectiveness and enable participants to more often reach what we define as sustainable integrative agreements. (shrink)

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)

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)

AbstractAgroecosystems in the Midwestern United States are undergoing changes that pressure farmers to adapt their farming practices. Because farmers decide what practices to implement on their land, there are needs to understand how they adapt to competing demands of changes in global markets, technology, farm sizes, and decreasing rural populations. Increased understanding of farmer decision-making can also inform agricultural policy in ways that encourage farmer adoption of sustainable practices. In this research we adopt a grounded view of farmers by interpreting (...) their decision-making through their stories of everyday life. We use a narrative analysis to identify recurrent themes that characterize farmer decisions as active negotiations between the demands of efficiency in maximizing crop yields with a desire to steward land through past, present, and future generations. Together these narratives portray farmer decisions as a place-making process that seeks compatibility among distinct aspirations for their land. (shrink)

Differential academic language proficiency is an issue of major educational concern, bearing on problems varying from pupil performance, to social prospects, and citizenship. In this paper we develop a conception of the language‐acquiring subject, and we discuss the consequences for understanding differential language proficiency in schools. Starting from Wittgenstein's meaning‐as‐use theory we show that learning a language requires an activity that relates the subject both to the community of language users, and to the things language is about. In opposition to (...) Luntley, we contend that this does not mean that linguistic development involves linguistic adjustment to the world ‘as it is’. It is argued that, in as far as linguistic development involves a process of adjustment, this concerns conceptions about the world as it is presupposed to be—a ‘world’ that is subjected to doubt and revision time and again. With respect to dealing with differential academic language proficiency, this approach to linguistic development suggests bringing pupils into situations which require active participation in processes of ‘negotiating meaning’, including negotiating the prevailing presuppositions about what the world is like. This also puts novices in a different position—less assimilatory—recognising their co‐constructive potencies at a more fundamental level. (shrink)

The first-person authority view (FPA) is the current dominant view about what someone’s gender is. According to FPA the person has authority over her own gender identity; her sincere self-identification trumps the opinions of others. There are two versions of FPA: epistemic and ethical. Both versions try to explain why a person has authority over her own gender identity. But both have problems. Epistemic FPA attributes to the self-identifier an unrealistic degree of doxastic reliability. Ethical FPA implies the existence of (...) an unreasonably strong and unqualified obligation on the part of others not to reject the person’s identification. This essay offers an alternative: the negotiative theory of identity. Unlike epistemic FPA, the negotiative theory doesn’t presume the reliability of self-directed beliefs. Unlike ethical FPA, the negotiative theory doesn’t imply an obligation not to reject. Instead, it contends that an act of rejection is morally permissible if and only if it respects three ethical and epistemic constraints. In doing so, the negotiative theory combines the strengths and avoids the weaknesses of both versions of FPA, and gives us substantive insight into how far first-person authority reaches in terms of grounding rights and obligating others. (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)

Focusing on South Korean biologists and their efforts to establish national parks in the 1960s and 1970s, I illuminate the ways in which they negotiated their relationship with the ecological diplomacy of the International Union for Conservation of Nature (IUCN) and the anti-communist and developmentalist diplomacy of the South Korean government. To justify their activities, these South Korean biologists emphasized the importance of nature conservation activities in the competition for international recognition and economic development with their northern counterparts. The national-park (...) initiative was thus subsumed into the politics of this legitimacy competition between the two Koreas, or what I call ‘victory-over-communism’ diplomacy. The IUCN's influence over South Korea was limited to the extent that both the government and scientists recognized the diplomatic merit they could gain in the context of their Cold War competition and developmentalism. It is also shown how, during the short detente period of the two Koreas, South Korean biologists used victory-over-communism diplomacy to renew their government's attention to their activities. This Korean episode contributes to the wider perspective of decentralizing the Cold War history of environmental diplomacy in the free-world bloc by illustrating the importance of its entanglement with the Cold War politics surrounding Asian developmentalism. (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)