Moral Reasoning in Interactional Context: Strategic Uses of Care and Justice Arguments in Mediation Hearings*

Previous studies of moral reasoning have treated moral reasoning as a product of the individual. This article extends the study of moral reasoning by analyzing its use in strategic interaction. I analyze how participants in a naturally occurring situation of conflict use moral arguments strategically and negotiate over the types of arguments that are acceptable. Gilligan's Care and Justice modes of moral reasoning are identified in participants' justifications for positions taken in nine videotaped mediation hearings. I found that participants may use both modes of reasoning during the course of a hearing, and that the type of moral argument used is often a response to the actions of other participants. Strategic uses of moral arguments included shifting mode to challenge or support another's position, bridging a difference in mode between two disputants, and shifting mode to refocus the topic. Because of their institutional and interactional roles in the hearings, mediators play a major role in negotiations over mode of moral reasoning.     

Negotiating Interorganizational Orders*

Strauss' (1978) negotiation paradigm is used to analyze interorganizational relations leading to development of a complex of eleven rehabilitation agencies. Analysis is based on records over a twenty-five year period and four years of participant observation and interviewing. The structural context for the negotiations is described in terms of over-lapping societal, communal, interorganizational, organizational, and interpersonal levels. The analysis points out the importance of covert, informal negotiations to interorganizational relations. The negotiators who initiated the process employed a strategy of multiple-linked negotiations in which they attempted to select negotiators from the other organizations and the issues to be negotiated. Stakes were manipulated according to a cost-reward-involvement formula. Problematic issues were dealt with in informal covert negotiations which preceded overt negotiations in a peer type council. Consideration of the negotiation process aids in understanding several problems in interorganizational relations: power and autonomy and the consequences of interlocking directorates. The negotiated order approach suggests several lines of additional research.     

Trends in Development Aid,Negotiation Processes and NGO Policy Change

Non-governmental organizations (NGO) and government donor agencies (GDA) are often caught in a dilemma; an NGO between responsiveness to its target group(s), expectations of individual donors and demands of its GDA; GDA between its policy to respect NGO’s integrity, its wish to keep NGOs accountable for received fund and its operation within the bounds of its general policies. This dilemma is mirrored in the NGO–GDA negotiation for funds. Based on negotiation theory and using three explanatory approaches, 18 years of negotiations between an NGO, Vi Skogen (ViS) and its GDA, the Swedish International Development Cooperation Agency (Sida), are analyzed in order to demonstrate how organizational structures, power relations and the context influence the outcome of the negotiations. All three approaches help to explain how ViS managed, mainly in the interest of its individual donors, to resist changes demanded by Sida and also to explain how the agendas of ViS and Sida finally converged.     

Faire Formeln

The literature on fair division has experienced a renaissance recently. Novel mathematical procedures promising an envy-free, socially efficient solution to conflicts over nearly indivisible goods play a particularly prominent role. This article presents a comparative experimental evaluation of three procedures. We examine to what extent features of the subjects of the procedures influence the choice in favor of one of the three negotiation protocols and the results of the division. Our analysis of the behavior of 119 subjects shows that psychological factors only affect the procedural choice. Dominance-seeking individuals tend to opt for those procedures that promise a fairer outcome than the relatively crude divide-and-choose-mechanism. In contrast, the outcome of the bilateral negotiations is determined by the attributes of the procedures. The strong influence of psychological factors at the initial stage of the bargaining process nevertheless casts strong doubts on the practicability of the procedures, recommended by the normative strand of game-theoretic negotiation analysis. The further development of ”fair formulas” for the resolution of redistributive conflicts should not neglect that the warring parties have to agree with the philosophy of the proposed bargaining protocol.     

AN ECONOMIC ANALYSIS OF STATE SUPPORT FOR HIGHER EDUCATION

There are few practical problems in which the economist has a more direct interest than those relating to the principles on which the expense of the education of children should be divided between the state and the parents.–A lfred M arshall , Principles of Economics     

REPUTATION IN BARGAINING: NATIONAL FOOTBALL LEAGUE CONTRACT NEGOTIATIONS

This article examines a sequence of two bargaining games where a single buyer participates in both. The bargaining games are modeled with two-sided private information and are "linked" through the buyer's valuation, which is positively correlated across bargaining games. I empirically test the comparative static results obtained from the model's unique equilibrium outcome using National Football League (NFL) contract data. The empirical results suggest that an NFL team's contract negotiations are affected by not only the terms agreed to in the team's prior contract negotiations but also the length of time required to negotiate these prior contracts.     

Do as I Say,Don’t Do as I Do: Differences in moral judgments do not translate into differences in decisions in real-life trolley problems

Many people judge that it is permissible to harm one person in order to save many in some circumstances but not in others: it matters how the harm comes about. Researchers have used trolley problems to investigate this phenomenon, eliciting moral judgments or behavioral predictions about hypothetical scenarios where five people can be saved at the cost of harming one other person. We operationalized trolley problems in the laboratory, with economic incentives and real-life consequences, allowing us to observe not only judgments but actual decisions. We varied whether the five were saved by clicking a switch that diverted the harm to the one or by dragging the one in front of the harm. We found differences in moral judgments between the two tasks, but no differences in behavior. The judgments of actors and observers also differed, with observers judging it more right to act. Our results suggest that the difference between moral judgments and actions arises because participants think that doing the right action still involves doing something morally discreditable, and that the morality of taking action does not exhaust the normative reasons for acting.     

“BUT YOU DON'T LIVE HERE,MAN”: NEGOTIATING SOCIAL REALITY AT THE ROSEBUSH HOTEL

Rules of social order are negotiated: actors' theories of negotiations in any particular setting affect what gets negotiated and how. This research looks at the negotiation process between two groups who had asymmetrical desires for the negotiations: one focusing on process, one on outcomes. Factors such as the balance of power, structural constraints, negotiation contexts and intergroup relationships help explain what gets negotiated and what gets changed. Actors' theories as a measure of reality become important in analyzing the “success” and importance of the negotiating process. Actors' theories affect not only what gets negotiated but the scope, durability, and volatility of negotiation.     

Gender and Moral Reasoning

Abstract

Social work interventions for youths should be based on understanding how youths think about important issues in their lives. This study assesses the moral reasoning of 43 urban, low-income African American seventh graders in response to questions about how to handle dating dilemmas. Responses to videotaped dating situations were analyzed using qualitative methods to distinguish between justice and care perspectives. The majority of responses from both genders came from the justice perspective. Girls gave more responses that reflected care and combined justice and care perspectives. Boys were less skillful in communicating and tended to focus on negative consequences. Culture and social class appeared to play important roles in moral reasoning.     

Gender and Moral Reasoning

Abstract

Social work interventions for youth should be based on understanding how youth think about important issues in their lives. This study assesses the moral reasoning of 43 urban, low-income African American seventh graders in response to questions about how to handle dating dilemmas. Responses to videotaped dating situations were analyzed using qualitative methods to distinguish between justice and care perspectives. The majority of responses from both genders came from the justice perspective. Girls gave more responses that reflected care and combined justice and care perspectives. Boys were less skillful in communicating and tended to focus on negative consequences. Culture and social class appeared to play important roles in moral reasoning.     

Dividing Justly in Bargaining Problems with Claims

Theoretical research on claims problems has concentrated on normative properties and axiomatizations of solution concepts. We complement these analyses by empirical evidence on the predictability of three classical solution concepts in a bankruptcy problem. We examine both people’s impartial normative evaluations as well as their actual negotiation behavior in a bargaining with claims environment. We measure people’s judgments on the normative attractiveness of solution concepts with the help of a survey and also observe actual agreements in a bargaining experiment with real money at stake. We find that the proportional solution is the normatively most attractive rule, whereas actual negotiation agreements are closest to the ‘constrained equal-award’ solution.     

The Pay Equity Bargaining Process in Newfoundland: Understanding Cooperation and Conflict by Incorporating Gender and Class

In the latter half of the 1980s, when it was becoming apparent in Canada that previous equal pay policies had failed to close the gender wage gap, a number of provincial governments introduced pro–active pay equity policies. All these initiatives required the negotiation of pay equity in unionized workplaces. Leading up to the implementation of pay equity in Ontario, industrial relations specialists predicted an insurmountably conflictual process, whereas governments expected a new level of partnership with unions. Given these opposite expectations, the article aims to identify any significant patterns of cooperation and conflict in the pay equity bargaining process and to explore reasons for their dynamic. Based on a case study of Newfoundland’s health sector, neither prediction was correct as both conflict and cooperation occurred. It is argued that both the specificity and differences in the negotiations studied can be better understood by exploring the complex intertwinings of gender and class, namely, the ongoing articulation of their main manifestations: a reinforcing hierarchy and a transformative labour–feminist politic in the unions involved. The article concludes with some theoretical and policy observations concerning the importance of building in gender and class to current models of cooperative collective bargaining, as well as recognizing their importance in the pay equity process.     

Airline Negotiations and the New Concessionary Bargaining

I ask whether the highly confrontational collective bargaining in the airlines is unique to that industry or a sign of a deepening crisis in union–management relations nationally. First, airline labor relations are reviewed in the context of extremely contentious negotiations, intense industry competition, complex and fragmented bargaining structures, frequent bankruptcies, and unpredictable external shocks. Next, concessionary bargaining in the airlines is discussed, and a new and extreme form of concessionary bargaining is identified. The emergence of the new concessionary bargaining in the airlines and its spread to the automobile sector is then interpreted as the early signs of a fundamental transformation of collective bargaining. The implications of the new concessionary bargaining are then described at the workplace, company, union, and societal levels.

Equality Bargaining: Where,Who, Why?

It is common to identify a role for trade unions in combating sex inequality at work through collective bargaining. This article uses a survey of paid union officers to identify the context in which equality bargaining by unions is likely to occur, using the specific issue of bargaining on equal pay. It concludes that equality bargaining is a function of women’s voice within unions, the characteristics and preferences of bargainers themselves and of a favourable public policy environment. Bargaining on equal pay is also more likely in centralized negotiations that cover multiple employers.     

Risk Taking in Late Adolescence: Relations Between Sociomoral Reasoning,Risk Stance,and Behavior

This study explored relations among late adolescents' sociomoral reasoning about risk taking, risk stance, and behavior. One‐hundred and thirty‐two participants (18–20‐year‐olds) were surveyed about their own risk stance (Avoidant, Opportunistic, Curious, Risk Seeking) and behavior in three realms (Alcohol Use, Drug Use, Reckless Driving), and sociomoral reasoning about hypothetical risk taking in a baseline scenario with no social domain information and a final scenario that highlighted the moral (i.e., harmful consequences for others), conventional (i.e., sociolegal consequences), personal (i.e., personal prerogative), and prudential (i.e., harmful consequences for self) domains bearing on risk taking. The complex relations among sociomoral reasoning about risk taking, risk stance, and behavior are discussed in terms of social domain theory and dual‐process theories of risk taking.     

Take-it-or-leave-it offers in negotiations: Behavioral types and endogenous deadlines

This paper studies a reputational bargaining model, and investigates the effects of “exit threat” on negotiators’ equilibrium behaviors. Although it is a purely cheap talk message, exit threat is effective and has two main effects: (1) it renders the final outcome efficient and unique, and (2) shifts the bargaining power towards the negotiator who can make this threat. Setting a deadline for negotiations pressures the opponent and incentivizes her to compromise. However, a deadline that is too early makes the opponent less willing to compromise. Thus, effective deadline is uniquely determined. Last minute agreements occur with a positive probability if negotiators cannot reach an immediate agreement. Frequency of agreement has peaks at the beginning and at the end of negotiations (deadline effect), and is flat otherwise.     

Age Changes in Prosocial Responding and Moral Reasoning in Adolescence and Early Adulthood

Age changes' measures of prosocial responding and reasoning were examined. Participants' reports of helping, empathy‐related responding, and prosocial moral reasoning were obtained in adolescence (from age 15–16 years) and into adulthood (to age 25–26 years). Perspective taking and approval/interpersonal oriented/stereotypic prosocial moral reasoning increased from adolescence into adulthood, whereas personal distress declined. Helping declined and then increased (a cubic trend). Prosocial moral judgment composite scores (and self‐reflective empathic reasoning) generally increased from late adolescence into the early 20s (age 17–18 to 21–22) but either leveled off or declined slightly thereafter (i.e., showed linear and cubic trends); rudimentary needs‐oriented reasoning showed the reverse pattern of change. The increase in self‐reflective empathic moral reasoning was for females only. Thus, perspective taking and some aspects of prosocial moral reasoning—capacities with a strong sociocognitive basis—showed the clearest increases with age, whereas simple prosocial proclivities (i.e., helping, sympathy) did not increase with age.     

Negotiating the Lines of Contention: Counterframing and Boundary Work in the School of the Americas Debate1

Counterframing scholars typically identify counterframes that interpretively distinguish arguments among opponents. This approach assumes that counterframing strategy centers on directly countering the claims of protesters. In my in‐depth examination of the ongoing debate between protesters and officials of the former School of the Americas, I identify a form of counterframing that agrees with and embraces the moral alternatives implicit in accusers’ claims. I bring boundary construction theory into conversation with counterframing analysis to expand understanding of how framing and counterframing strategies revolve around the competition for common, moral resources. I explain that in the movement to close the School of the Americas, protesters’ claims have served as moral boundaries against which the targeted institution has redefined its objectives and programs. I introduce the concept of “boundary negotiation” to argue that counterframing strategy and success lie in the negotiation of moral boundaries called into question by social movements. I outline defensive and offensive modes of boundary negotiation and identify boundary negotiation as a mechanism driving the link between counterframing and demobilization.     

Where does guanxi come from? Bao,shu, and renqing in Chinese connections

Practices commonplace in mainland China, of individuals seeking favor from persons who control resources and, if successful, generating expectation of a return favor, characterized as guanxi, is widely held to be based on principles located in China's cultural traditions, including Confucianism. In these terms it is claimed that guanxi is based on certain connected moral principles, including bao (norm of reciprocity) and renqing (norm of human feelings), which can only be understood in terms of such cultural traditions. It is shown in the present article that claims regarding the classical roots of guanxi and related practices cannot be sustained and, further, that they are not required for the understanding or operation of guanxi. The origins of the concept of guanxi in late Qing and Republican China, and development of the term in post-1949 China, are outlined.     

“We have nothing to hide”: Legitimacy narratives,researcher positionality and the ethics of accessing the Dutch deportation apparatus

This article presents a reflection on the contentious access negotiations involved in researching the Dutch deportation apparatus. Previous studies described how hostility towards researchers and the opacity within migration control regimes more generally lead to difficulties for conducting academic research. This article instead relies on a self-reflexive account of two successful access negotiations to question what acquiring access tells us about the workings of migration control, and what consequences entering into a relationship with powerful actors has for academic knowledge production. I argue that granting access as such serves an important function for the deportation apparatus, as it helps to legitimise state power and assert their moral authority. By selectively facilitating access and enabling scrutiny by researchers, journalists and the wider public, I argue that the deportation apparatus strategically performs transparency and “voluntary accountability.”