Second Thoughts About Bluffing

1993 ◽  
Vol 3 (4) ◽  
pp. 317-342 ◽  
Author(s):  
Thomas Carson

It is common for people to misstate their bargaining positions during business negotiations. This paper will focus on cases of the following sort: I am selling a house and tell a prospective buyer that $90,000 is absolutely the lowest price that I will accept, when I know that I would be willing to accept as little as $80, 000 for the house. This is a lie according to standard definitions of lying—it is a deliberate false statement which is intended to deceive others. I will defend the following two theses:a. Appearances to the contrary, this kind of bluffing typically does not constitute lying. (I will argue that standard dictionary definitions of lying are untenable and defend an alternative definition hinted at, but never clearly formulated by, W. D. Ross. On my definition, deliberate false statements about one’s negotiating position would rarely constitute lies in this society.)b. It is usually permissible to misstate one’s bargaining position when one has good reason to think that one’s negotiating partner is doing the same and it is usually impermissible to misstate one’s negotiating bargaining if one does not have good reason to think that the other party is misstating her position.

Philosophy ◽  
2020 ◽  
Vol 96 (1) ◽  
pp. 99-131
Author(s):  
Niels de Haan

AbstractThere is good reason to think that moral responsibility as accountability is tied to the violation of moral demands. This lends intuitive support to Type-Symmetry in the collective realm: A type of responsibility entails the violation or unfulfillment of the same type of all-things-considered duty. For example, collective responsibility necessarily entails the violation of a collective duty. But Type-Symmetry is false. In this paper I argue that a non-agential group can be collectively responsible without thereby violating a collective duty. To show this I distinguish between four types of responsibility and duty in collective contexts: corporate, distributed, collective, shared. I set out two cases: one involves a non-reductive collective action that constitutes irreducible wrongdoing, the other involves a non-divisible consequence. I show that the violation of individual or shared duties both can lead to irreducible wrongdoing for which only the group is responsible. Finally, I explain why this conclusion does not upset any work on individual responsibility.


1976 ◽  
Vol 2 ◽  
pp. 101-116
Author(s):  
Paul Woodruff

Plato represents Socrates as believing in the unity of the virtues, quarreling with those who, like Protagoras or Meno, wish to treat the virtues as distinct objects of inquiry (Protagoras 329c2ff., Meno 71e1ff.). On the other hand, there is good reason to deny that Plato's Socrates believed in the numerical identity of the virtues (cf. Meno 79a3-5). What Socrates did believe, I shall argue, is that the various virtues are one in essence. I shall show what this means and how it clears up prima facie inconsistencies among Plato's early dialogues.If I am right, Socrates’ theory has startling consequences. Since essence is exactly what Socrates wants a definition to state, it follows that all virtues will have one and the same definition. And if this is so, no wonder the quest for separate definitions of virtues fails in every case! For example in the Laches the generals are baffled by Courage because Courage has no private essence and cannot be marked off from the other virtues by stating its essence. Its essence is Virtue entire. That is a radical view, but there are good reasons for attributing it to Socrates.


PEDIATRICS ◽  
1975 ◽  
Vol 55 (6) ◽  
pp. 817-817
Author(s):  
P. Starr

The pivotal long-range question in medical reform is whether medicine should be viewed as a technical activity with occasional moral or social overtones or, alternatively, as a social and moral activity with a technical substratum. Is . . . medical care . . .more like the supply of water or the provision of education? If medical care is ultimately a technical activity like water supply, its management can be safely entrusted to experts in the field. If, on the other hand, medical care is primarily a moral and social activity like education, the situation is quite different . . . . Consequently, in organizing our institutions, we have good reason to provide for both participation and diversity. We may also wish to sacrifice some of the "efficiency" of a single, professionally run system for the relative inefficiency of variegated institutions sometimes in conflict with one another. In the system advocated . . . the government would pay the basic annual cost, although families would choose to spend more for additional services. What I am proposing here is an organized system that uses competition in a premeditated fashion: competition under constraint.


2017 ◽  
Vol 10 (1) ◽  
pp. 63
Author(s):  
Fuad Hasan ◽  
Dwidjono Hadi Darwanto

Tobacco  has  an important  role  in the  socio-economic  life of  the community, such  as  the  State  in  the  form  of  tax  revenue  and  foreign  exchange  earnings,employment,  the  income  of farmers,  laborers,  and  merchants,  as well as  revenue.  But on  the other hand,  under the pretext of  health,  development  and  trading  of tobacco began  to  get  legalized  opposition  through  regulations.  This  has  an  impact  on  the survival  of tobacco  farming, which in turn  have an impact  on the welfare of  farmers. This  paper  aims  to  discuss  the  prospects  and  challenges  facing  tobacco  farmers  inMadura.  In addition,  tobacco farmers face problems: marketing  systems, productivity, and bargaining position. Alternative solutions are 1) reduction in acreage planted; 2) replacement  of  plants;  3)  low  nicotine  tobacco  cultivation;  4)  diversification  of derivative products; 5) optimization of the institutional.


Author(s):  
Dudi Rudianto

The Risk-Based Bank Rating approach (RBBR) is used to determine the health of banks in Indonesia, both for national banks, joint venture banks and foreign banks. This approach uses five (5) proxies, i.e. Non Performing Loan (NPL), Loan to Deposit Ratio (LDR), Return on Assets (ROA), Net Interesr Margin (NIM), and the Capital Adequacy Ratio (CAR). The overall result of the 5 (five) variables studied show that national banks are healthier than the other two types of banks, namely venture banks and foreign banks, because the national bank has a value beyond the provisions of Bank Indonesia. The partial variable LDR consistently varies significantly between national banks, joint venture banks and foreign banks. The LDR of joint venture banks and foreign banks is higher than the national bank. These conditions indicate that the bargaining position of joint venture banks and foreign banks in serving the needs of public borrowing is much higher than the national bank, which results in increasing the ability of both types of banks in generating profit. Simultaneously throughout the study variables was significantly different among the national banks, joint venture banks and foreign banks..  


2018 ◽  
Vol 82 ◽  
pp. 309-332 ◽  
Author(s):  
Jessica Leech
Keyword(s):  
De Re ◽  

AbstractRecently, a debate has developed between those who claim that essence can be explained in terms ofde remodality (modalists), and those who claim thatde remodality can be explained in terms of essence (essentialists). The aim of this paper is to suggest that we should reassess. It is assumed that either necessity is to be accounted for in terms of essence, or that essence is to be accounted for in terms of necessity. I will argue that we should assume neither. I discuss what role these key notions – essence and necessity – can reasonably be thought to contribute to our understanding of the world, and argue that, given these roles, there is no good reason to think that we should give an account of one in terms of the other. I conclude: if we can adequately explainde remodality and essence at all, we should aim to do so separately.


Author(s):  
Robert Merkin ◽  
Séverine Saintier

The Casebook series provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may include a statement that is a mere puff, a representation, or a contractual term. In the case of a representation, the maker asserts the truth of certain facts and thus induces the contract. In case of an actionable misrepresentation (an unambiguous false statement of fact which induces the other party to enter into the contract), the contract may be rendered voidable, that is, liable to be set aside or rescinded. In some instances, the injured party may claim for damages designed to restore him to his original position. This chapter examines the identification of actionable misrepresentation, duties of disclosure, types of misrepresentations, rescission as a remedy, damages for misrepresentation, including the damages available in section 2 of the Misrepresentation Act 1967, and the effect of contributory negligence in any damages award. Finally, the chapter examines exclusion of liability for non-fraudulent misrepresentation and the effect of ‘non-reliance’ clauses in contracts. In the consumer context, it also notes the criminal offences in certain instances of misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the extension to include civil remedies for misleading actions.


Synthese ◽  
2020 ◽  
Author(s):  
Cathy Mason

Abstract Many recent philosophers have been tempted by epistemic partialism. They hold that epistemic norms and those of friendship constitutively conflict. In this paper, I suggest that underpinning this claim is the assumption that friendship is not an epistemically rich state, an assumption that even opponents of epistemic partiality have not questioned. I argue that there is good reason to question this assumption, and instead regard friendship as essentially involving knowledge of the other. If we accept this account of friendship, the possibility of epistemic partialism does not arise.


2015 ◽  
Vol 44 (2) ◽  
pp. 123
Author(s):  
Ery Agus Priyono

Traditionally, a contract performs based on the result of prior negotiation between the parties, who have an equal bargaining position. Recently the trend shows many businessmen doing their businesses did not base on equal business negotiation, cause of unequal bargaining position but one party already set forth standard requirements in an agreement form, then offers to the other party. The research problem which come up; are the standard requirements in standard contract or agreement not in contrary with Freedom of Contract principle. The research result shows, stronger  party (Franchisor) breached the Freedom of Contract, and consensual principles In contrary many clauses set franchisor rights with a less obligations. Based on the literary study judge has rights to omit the clauses which strongly potential to give disadvantages to one party and give advantages to the other partySecara tradisional suatu perjanjian terjadi berlandaskan asas kebebasam berkontrak di mana dua pihak yang mempunyai kedudukan yang seimbang berusaha untuk mencapai suatu kesepakatan yang diperlukan bagi terjadinya perjanjian itu melalui suatu proses negosiasi diantara mereka. Namun pada dewasa ini kecenderungan makin nyata bahwa banyak perjanjian di dalam transaksi bisnis yang terjadi bukan melaui proses negosiasi yang seimbang di antara para pihak, tetapi perjanjian itu terjadi dengan cara pihak yang satu telah menyiapkan syarat-syarat baku pada suatu formulir perjanjian yang sudah dicetak dan kemudian disodorkan kepada pihak lainnya untuk disetujui. Permasalahan yang muncul adalah apakah  perjanjian baku yang dibuat oleh para pebisnis tidak bertentangan dengan asas kebebasan berkontrak, Hasil penelitian menunjukkan telah terjadi pelanggaran terhadap asas kebebasan berkontrak


1960 ◽  
Vol 80 ◽  
pp. 194-195 ◽  
Author(s):  
Raphael Sealey

At the end of book X of thePhilippikaTheopompos gave a digression on die Athenian demagogues. In book XXV he gave a digression on Athenian lies. This, which may have been a shorter digression, specified two lies and questioned the accepted account of the battle of Marathon; perhaps Theopompos discussed these problems alone in full and contented himself with a general reference to other lies. One lie was the oath allegedly taken by the Greeks before the battle of Plataea; today many people believe, with Theopompos, that this oath was not authentic. The other lie was the peace of Callias. Today some people believe, against Theopompos, that the peace was authentic. It is not always easy to discover their reasons. Some of them claim to produce nebulous allusions to the peace from the text of Thucydides. This search in Thucydides for references to the peace is not likely to carry conviction; it simply draws attention to the silence of Thucydides about the peace in his account of the Pentecontaetia. In fact the positive evidence for the peace is flimsy, but there is one good reason for believing in the peace; that is the fact that no major fighting is recorded between Persia and the Delian League after 450. Whether this outweighs the reasons against authenticity is a question for judgement.


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