Abstract

This paper pursues a beginning, formal understanding of negotiation or bar? gaining as a naturally occurring phenomenon. The approach represents a depar? ture from usual studies c|f negotiation, which can be classified into two major groups. First, students of the criminal justice process have, especially in the last decade, subject "plea bargaining" to close scrutiny with respect to its status as an instrument of justice and its function as an aspect of courtroom decision making. Second, social psychologists have studied the influence of manipulable variables, such as attitudinal commitment, prior experience, and group and individual differ? ences, on outcomes of joint negotiations. What neither of these perspectives has explicitly addressed, however, is just how some discourse is organized so as to make its status as negotiation and bargaining a rational or accountable feature of the interaction.

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