Negotiating by the Light of the Law
by
Matt Harvey - Maria Karras - Stephen Parker
How much discretion or "leeways of choice" should be enjoyed by judges and others whose job it is to apply the law? Negotiating by the Light of the Law reports on a project where the researchers tested claims made about the relative merits of fixed rules and discretionary principles on negotiation in legal disputes.
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Complete description
How much discretion or leeways of choice should be enjoyed by judges and others whose job it is to apply the law? Negotiating by the Light of the Law reports on a project where the researchers tested claims made about the relative merits of fixed rules and discretionary principles on negotiation in legal disputes. The researchers selected contrasting norms extracted from family law and contract law for testing, undertook an extensive literature review and created simulation experiments for lawyers. The findings provide valuable insight into whether more or less discretion is conducive to settlement, and into the way lawyers negotiate.
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General info
Publisher & Imprint:
Themis Press
City:
Annandale
Pages:
112
More info:
height 234 mm
width 156 mm
weight 262 gr
thickness 10 mm
Summary
Negotiating by the Light of the Law
Introduction Reflections on Norm Form and Negotiation Empirical Research and Results Analysis of Results and Implications for Lawmakers Appendixes A Instructions, Scenario and Relevant Laws for Family Law simulation B Instructions, Scenario and Relevant Law for Contract Law simulation C Questionnaire D Briefing for Observers E Summary of Simulations F Tabulated Results of Participant Surveys
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