Negotiating in China: Principles of Justice

Abstract

China does not have a unified and consistent ethical understanding. Ethics have to be mostly conceived and applied in personal terms. At the negotiation table, parties bring their own moral principles and values from their cultural background, education, and experience. Justice principles anchored in Chinese moral philosophy clearly take precedence over legal justice principles. For a Chinese negotiator, striking a deal is a process of balancing between two contradictory sets of values: Confucius’ notions of rightness, and those of modern distributive (and procedural) justice. Now, distributive justice implies a whole range of criteria, such as rewards according to efforts, merits, and contribution, as well as need. Equality is still not on the Chinese justice agenda. Fairness has to find its own way between guanxi requirements, traditional nepotism, the influence of symbols, propitious numbers, references to ancestors, feng shui, and astrology.