Empirical work consistently finds that Chinese courts resolve civil cases by finding a compromise solution. But beyond this split-it-down-the-middle tendency, when and how do Chinese courts arrive at decisions that feel “fair and just” in cases in which they invoke those ideas? Drawing on a data set of 9,485 tort cases, we find that Chinese courts impose liability on two types of parties with ethical, but not legal, obligation to victims: (1) participants in a shared activity and (2) those who control a physical space. In these cases, Chinese courts stretch the law to spread losses through communities and to acknowledge traumatic harm. Considering fairness, then, returns Chinese courts to their long-standing role as managers of communities who respond to misfortune by assigning legal responsibility to relationships that range from intimate to surprisingly tenuous.

Political science is the product of modernity and the nation-state. A dominant tradition within it has striven for a positivistic and universal form of understanding, based on the individual actor. Developments in recent years have questioned our understanding of modernity, universalism, science, and the nation-state. Political science has responded in two ways: by reinforcing the positivist approach, or by adopting various forms of intepretivism. This has created an artificial division within the discipline. Political scientists can overcome this artificial divide by looking outside the discipline. There are promising developments in this direction but these are inhibited by trying to confine them within the dominant positivist mode. They have also responded by borrowing from neighbouring disciplines, but in doing so, they have too often appropriated concepts in simplified form or coined empty concepts. They need to take neighbouring disciplines more seriously and work across disciplinary boundaries. A pluralistic approach is possible, which neither seeks a grand synthesis of all the social sciences, nor sees them as independent and self-standing, but which encourages cross-fertilization and combinations of approaches. The existence of distinct European national and disciplinary traditions, far from being an obstacle to the development of the discipline, gives European political scientists an advantage.