Moral Reasoning in Interactional Context: Strategic Uses of Care and Justice Arguments in Mediation Hearings*

Previous studies of moral reasoning have treated moral reasoning as a product of the individual. This article extends the study of moral reasoning by analyzing its use in strategic interaction. I analyze how participants in a naturally occurring situation of conflict use moral arguments strategically and negotiate over the types of arguments that are acceptable. Gilligan’s Care and Justice modes of moral reasoning are identified in participants’ justifications for positions taken in nine videotaped mediation hearings. I found that participants may use both modes of reasoning during the course of a hearing, and that the type of moral argument used is often a response to the actions of other participants. Strategic uses of moral arguments included shifting mode to challenge or support another’s position, bridging a difference in mode between two disputants, and shifting mode to refocus the topic. Because of their institutional and interactional roles in the hearings, mediators play a major role in negotiations over mode of moral reasoning.