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"Every Day And In Every Way, We Are Becoming Meta And Meta:" Or How Communitarian Bargaining Theory Conquered The World (Of Bargaining Theory), Robert J. Condlin

Robert J. Condlin

Debate over the relative merits of communitarian and adversarial theories of dispute negotiation has pre-occupied legal bargaining scholarship for at least twenty years. Seen as a negotiation, this debate makes it clear that communitarians are by far the better bargainers. In a move one might think more characteristic of adversarial bargainers, communitarians changed the definition of bargaining effectiveness by reconstituting the world in which bargaining operates (the meta move of the title – in communitarian terms they “changed the game by changing the frame”), and in the process made adversarial bargaining obsolete. Many of the arguments and maneuvers used in …