Columbia Law Review, vol. 85, pp. 899-903 (1985)
1. I encounter you and seek your cooperation. You are reluctant. How to proceed?
First: I can talk to you and try to persuade you to define yourself in a way that makes you want to work with me for our common good.
Second: I can take you as you are and try to bargain with you, offering you something you want in exchange for the thing I want.
What to do? Talking offers a distinctive kind of satisfaction. In the end, we may succeed in coming to an understanding of what we are about. And that is no small thing.
Date of Authorship for this Version
Ackerman, Bruce, "Foreword: Talking and Trading" (1985). Faculty Scholarship Series. Paper 146.