Three views on negotiation : an essay between disciplines

Abstract

The paper discusses a core feature of contract law—negotiation and the justificatory role which consensus resulting from it can claim. The paper does so by discussing and confronting three seminal texts stemming from three of the most relevant disciplines in this respect: law (legal theory), economics and behavioral sciences. The underlying—and explicitly discussed—rationale of this approach is that broad interdisciplinarity (not just law & one discipline) is required, preferable, and indeed fruitful. Such broad interdisciplinarity is still not an approach generally used in law and—as applied to particular and concrete (!) core questions—would need to be developed.