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Shrewd Bargaining on the Moral Frontier: Toward a Theory of Morality In Practice*

Published online by Cambridge University Press:  23 January 2015

J. Gregory Dees
Affiliation:
Harvard Business School and the Yale School of Management
Peter C. Cramton
Affiliation:
Harvard Business School and the Yale School of Management

Abstract

From a traditional moral point of view, business practitioners often seem overly concerned about the behavior of their peers in deciding how they ought to act. We propose to account for this concern by introducing a mutual trust perspective, where moral obligations are grounded in a sense of trust that others will abide by the same rules. When grounds for trust are absent, the obligation is weakened. We illustrate this perspective by examining the widespread ambivalence with regard to deception about one's settlement preferences in negotiation. On an abstract level, such deception generally seems undesirable, though in many individual cases it is condoned, even admired as shrewd bargaining. Because of the difficulty in verifying someone's settlement preferences, it is hard to establish a basis for trusting the revelations of the other party, especially in competitive negotiations with relative strangers.

Brer Rabbit had got himself caught by Brer Fox and was well on his way to becoming evening dinner. Brer Rabbit was in a great deal of deep trouble.

There didn’t seem much he could do about this one, but he didn’t seem concerned at all at being the Fox’s dinner. He just said, “Brer Fox I don’t mind if you eat me. But, oh, whatever you do don’t throw me in that briar patch.”

Now Brer Fox was surely looking forward to eating his old enemy, but he was mighty curious about Brer Rabbit’s sweating and crying about being thrown into the briar patch.

And the more he questioned it the more Brer Rabbit wailed about how much he hated and feared that briar patch.

Pretty soon it did seem that Brer Rabbit would rather be eaten than be set among those briars. So Brer Fox threw Brer Rabbit into the heart of the briar patch. Brer Rabbit gleefully scampered away.

From the tales of Brer Rabbit

Type
Articles
Copyright
Copyright © Society for Business Ethics 1991

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References

Akerlof, George A.: 1970, “The Market for 'Lemons': Quality Uncertainty and the Market Mechanism.Quarterly Journal of Economics 84, 488500.Google Scholar
American Bar Association Model Rules of Professional Conduct.: 1987, Selected Statutes, Rules and Standards on the Legal Profession (West Publishing, St. Paul).Google Scholar
American Jurisprudence 2d.: 1968, Vol. 37, Fraud and Deceit (The Lawyers Co-operative Publishing Company, San Francisco).Google Scholar
Arrow, Kenneth J.: 1973, “Social Responsibility and Economic Efficiency.Public Policy, 21, 303–17.Google Scholar
Ausubel, Lawrence M., and Deneckere, Raymond J.: 1989, “A Direct Mechanism Characterization of Sequential Bargaining with One-Sided Incomplete Information,Journal of Economic Theory, 48, 1846.Google Scholar
Axelrod, Robert.: 1984, The Evolution of Cooperation (Basic Books, New York).Google Scholar
Baier, Annette.: 1985, “Doing Without Moral Theory?” Postures of the Mind: Essays on Mind and Morals (Methuen, London).Google Scholar
Banfield, Edward C.: 1958, The Moral Basis of a Backward Society (The Free Press, New York).Google Scholar
Bellow, Gary, and Moulton, Bea.: 1981, The Lawyering Process: Negotiation (Foundation Press, New York).Google Scholar
Bok, Sissela.: 1978, Lying: Moral Choice in Public and Private Life (Random House, New York).Google Scholar
Brams, Steven J.: 1990, Negotiation Games: Applying Game Theory to Bargaining and Arbitration (Routledge, New York).Google Scholar
Carr, Albert Z.: 1968, “Is Business Bluffing Ethical?Harvard Business Review. January-February, 1968, 143153.Google Scholar
Chisholm, Roderick, and Feehan, Thomas D.: 1977, “The Intent to Deceive,Journal of Philosophy 74, 143–59.Google Scholar
Coleman, James S.: 1990, Foundations of Social Theory (Harvard University Press, Cambridge, MA).Google Scholar
Cramton, Peter C.: 1984, “Bargaining with Incomplete Information: An Infinite-Horizon Model with Two-Sided Uncertainty.Review of Economic Studies 51, 579593.CrossRefGoogle Scholar
Dawes, Robyn M.: 1990, “Social Dilemmas, Economic Self-interest, and Evolutionary Theory.” Forthcoming in Research in Psychology: Frontiers of Mathematics, Essays in Honor of Clyde Coombs (Springer-Verlag, New York).Google Scholar
Ekman, Paul.: 1985, Telling Lies (W. W. Norton and Company, New York).Google Scholar
Elster, Jon.: 1989, The Cement of Society: A Study of Social Order (Cambridge University Press, New York).Google Scholar
Farnsworth, Allan.: 1990, Contracts (Little, Brown, and Co., Boston).Google Scholar
Frank, Robert H.: 1987, “If Homo Economicus Could Chose His Own Utility Function, Would He Want One with a Conscience?American Economic Review, 11, 593604.Google Scholar
Fried, Charles.: 1978, Right and Wrong (Harvard University Press, Cambridge, MA).Google Scholar
Gauthier, David.: 1986, Morals By Agreement (Clarendon Press, Oxford).Google Scholar
Granovettor, Mark.: 1985, “Economic Action and Social Structure: The Problem of Embeddedness.American Journal of Sociology, 91, 451510.Google Scholar
Güth, W., Schmittberger, R., and Schwarze, B.: 1982, “An Experimental Analysis of Ultimatum Bargaining,Journal of Economic Behavior and Organization, 3, 367–88.CrossRefGoogle Scholar
Hirschleifer, Jack.: 1982, “Evolutionary Models in Economics and Law: Cooperation versus Conflict Strategies.” In Rubin, P. H. and Zerbe, R. O. Jr., eds., Research in Law and Economics 4, 160, (JAI Press, Greenwich).Google Scholar
Hobbes, Thomas. 1651. Leviathan. All references are to the C. B. Macpherson edition, 1968, (Penguin Books, Baltimore).Google Scholar
Kahneman, Daniel, Knetsch, Jack L., and Thaler, Richard H.: 1986, “Fairness and the Assumptions of Economics,Journal of Business, 59, S285S300.CrossRefGoogle Scholar
Kavka, Gregory S.: 1983, “When Two ‘Wrongs’ Make a Right: An Essay on Business Ethics.” Journal of Business Ethics, 2, 6166.Google Scholar
Kavka, Gregory S.: 1986, Hobbesian Moral and Political Theory (Princeton University Press, Princeton).Google Scholar
Kennan, John, and Robert, Wilson.: 1989, “Strategic Bargaining Models and Interpretation of Strike Data,Journal of Applied Econometrics, 4, S87S130.Google Scholar
Kennan, John, and Robert, Wilson.: 1991, “Bargaining with Private Information,Journal of Economic Literature, forthcoming.Google Scholar
Kreps, David M.: 1990, “Corporate Culture and Economic Theory.” In James, Alt and Kenneth, Shepsle (ed.), Perspectives on Positive Political Economy (Cambridge University Press, New York).Google Scholar
Kronman, Anthony T.: 1980, “Contract Law and Distributive Justice,The Yale Law Journal 89, 472511.Google Scholar
Kronman, Anthony T.: 1985, “Contract Law and the State of Nature,Journal of Law, Economics, and Organization 1, 532.Google Scholar
Lax, David A. and Sebenius, James B.: 1986, The Manager as Negotiator (The Free Press, New York).Google Scholar
Maser, Steven M. and Coleman, Jules L.: 1989, “A Bargaining Theory Approach to Default Provisions and Disclosure Rules in Contract Law,Harvard Journal of Law and Public Policy, 12, 637709.Google Scholar
Nozick, Robert.: 1974, Anarchy, State, and Utopia (Basic Books, New York).Google Scholar
Ochs, Jack, and Roth, Alvin E.: 1989, “An Experimental Study of Sequential Bargaining,American Economic Review, 89, 355384.Google Scholar
Orbell, John, Dawes, Robyn, and van de Kragt, Alphons.: 1990, “The Limits of Multilateral Promising.Ethics, 100, 616627.Google Scholar
Paine, Lynn.: 1990, “Trade Secrets and the Justification of Intellectual Property: A Comment on Hettinger.Mimeo.Google Scholar
Parfit, Derek.: 1984, Reasons and Persons (Oxford University Press, New York). Page references are to the 1985 corrected paperback edition.Google Scholar
Samuelson, William.: 1984, “Bargaining Under Asymmetric Information,Econometrica, 52, 9951005.Google Scholar
Scheppele, Kim Lane.: 1988, Legal Secrets: Equality and Efficiency In the Common Law (University of Chicago Press, Chicago).Google Scholar
Shell, G. Richard.: 1990, “When is it Legal to Lie in Negotiations?Sloan Management Review, forthcoming.Google Scholar
Story, Joseph. 1886. Commentaries on Equity Jurisprudence as Administered in England and America, 13th ed. Revised by Melville, M. Bigelow (Little, Brown, and Company, Boston).Google Scholar
Taylor, Michael.: 1982, Community, Anarchy, and Liberty (Cambridge University Press, New York).Google Scholar
White, James J.: 1980, “Machiavelli and the Bar: Ethical Limitations on Lying in Negotiation,American Bar Foundation Research Journal, 1980, 926938.Google Scholar
Wilson, Robert.: 1985, “Reputations in Games and Markets.” In Alvin, Roth, ed., Game Theoretic Models of Bargaining (Cambridge University Press, New York).Google Scholar
Zucker, Lynne G.: 1986, “Production of Trust: Institutional Sources of Economic Structure, 1840–1920.Research in Organizational Behavior, 8, 53111 (JAI Press, Greenwich).Google Scholar