Law in the Shadow of Negotiation: On the Jurisprudence of Roger Fisher

The Negotiator's Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, ABA Forthcoming).

Ohio State Public Law Working Paper No. 385

10 Pages Posted: 8 Mar 2017 Last revised: 16 Mar 2017

See all articles by Amy J. Cohen

Amy J. Cohen

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: March 2, 2017

Abstract

This chapter reviews the life work of one of negotiation’s most famous scholars and offers a wholly new observation. Roger Fisher did not understand negotiation as primarily something that happens in the shadow of the law. Rather, based on his years thinking about international conflict, Fisher offered a theory of negotiation as a form of legal ordering and, by extension, a theory of law as a form of negotiation — one with enduring relevance for dispute resolution today.

Keywords: legal negotiation, alternative dispute resolution (ADR), Roger Fisher, legal ordering

Suggested Citation

Cohen, Amy J., Law in the Shadow of Negotiation: On the Jurisprudence of Roger Fisher (March 2, 2017). The Negotiator's Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, ABA Forthcoming).; Ohio State Public Law Working Paper No. 385. Available at SSRN: https://ssrn.com/abstract=2926505

Amy J. Cohen (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
87
Abstract Views
562
rank
288,488
PlumX Metrics