Bargaining with the Devil: Negotiation and the Problem of Evil: Seminar (LAW-90225A)
HARVARD LAW SCHOOL
FALL – Not offered 2012-2013
Instructor:
Robert Mnookin
617-495-9201
In a conflict with an adversary that one perceives as evil, should one resist or instead negotiate? This issue arises in international affairs (should the U.S. negotiate with Iran? With Cuba? With North Korea?), in business disputes (my joint venture partner has betrayed me; I will sue and never settle!) and in family conflicts (consider bitter divorces or brutal inheritance battles.) Radically conflicting claims are heard. Some say that to bargain with the devil risks soiling your soul, and rewarding unworthy behavior. Other say you should always be willing to negotiate because only through negotiation can you make peace and minimize the costs in blood and treasure of war or litigation. This seminar will explore the challenge of making wise decisions about when to negotiate and when to refuse. Readings will be drawn from psychology, philosophy, political science and religion, and the seminar will explore the core question by using case studies from different contexts. Readings will include draft chapters from Professor Mnookin’s forthcoming book on this subject. Enrollment limited to 16. (Tuesday 5:00-7:00 p.m.)
