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Lecture 15

LAWS 1000 Lecture 15: DETAILED LEC NOTES - CARLETON UNI - JANE DICKSON
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Department
Law
Course
LAWS 1000
Professor
Jane Dickson
Semester
Winter

Description
Lecture 15 Legal Studies LAWS 1000-C NEGOTIATINGAND BARGAINING Required Readings: I. Course Reader, 16(a)-(b). II. Macaulay, Non-Contractual Relationships in Business:APreliminary Study III. Mnookin, Bargaining in the Shadow of the Law: The Case of Divorce REVIEW: LAW, THE STATE & ITS CITIZENS • Marshall & ‘Passive Citizenship’ • Civil, political and social rights informed by a sense of responsibility to the community • Equality of status is more important than equality of income • Neoliberalism, the ‘New Right’and Passive Citizenship • No rights without responsibilities • Workfare & universal social services • Citizenship & ‘legitimate inequality’ • Persons Case • Charkaoui Case • Making Citizenship Equal: • ‘Differentiated Citizenship’ • Sever citizenship from nationality • Separate citizenship from class • Citizenship & the plurality of social needs TODAY: NEGOTIATING & BARGAINING DISPUTINGAND THE ‘CONFLICT PROCESS’ • Three stages of dispute: 1. Pre-Conflict Stage 2. Confrontation Stage 3. Dispute Stage • Public • Third party involvement • Three primary dispute resolution processes, including: 1. Negotiation 2. Mediation 3. Adjudication MACAULAY: NON-CONTRACTUAL RELATIONSHIPS IN BUSINESS • An examination of the role and purpose of contracts in business relationships • Contracts as a “silent partner” • Why a contract at all? • Two widely accepted norms in business: 1. Commitments are to be honored in all situations; don’t ‘welch’on a deal 2. Make a good product and stand behind it • Normative positions undermine need for contracts • Norms are reinforced by three factors: Lecture 15 Legal Studies LAWS 1000-C 1. Business relationships are crucial to survival 2. Intersection of personal relationships 3. Importance of preserving good relations to continuing the business relationships IMPLICATIONS OF LITIGATION – 4 COSTS: • Dete
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