Ethics and Law: Guiding the Invisible Hand to Correct Corporate Social Responsibility Externalities

Tokenistic short-term economic success is not good indicia of long-term success. Sustainable business success requires sustained existence in a corporation’s political, economic, social, technological, legal and environmental contexts. Far beyond the traditional economic focus, consumers, governments and public interest groups alike increasingly expect the business sector to take on more social and environmental responsibilities. Corporate social responsibility (CSR) is the model in which economic, social and environmental responsibilities are fulfilled simultaneously. However, there is insufficient empirical evidence that demonstrates genuine widespread adoption of CSR in practice, and its underlying reasons. Though research in CSR has been rapidly growing, its commercial reality and implications need to be further improved if it is to inspire corporations to voluntarily adopt CSR. In the literature, Carroll’s four-dimensional (economic, legal, ethical and discretionary) CSR framework offers a theoretical basis for developing an empirically based model to explain why and how profit-motivated managers take up CSR voluntarily. Our study has developed a structural equation model to identify the key factors and their interactions that influence economically motivated managers to take on voluntary CSR, and validate Carroll’s four-dimensional construct. The results support Carroll’s four-dimensional CSR framework, with the exception of the link pertaining to the relationship between economic and discretionary/voluntary responsibility. This characterises the economic reality that financial market-driven economic responsibility does not automatically translate into social responsibility. Nevertheless, the empirical results demonstrate that corporations can be led to engage in more voluntary CSR activities to achieve social good when appropriate legal and ethical controls are in place.     

CSR for Happiness: Corporate determinants of societal happiness as social responsibility

Over the past decade, societal happiness has increasingly been considered important to public policy initiatives globally, supported by interdisciplinary scholarly efforts spanning the social sciences, economics, and public health. Curiously, despite for‐profit corporations being core social institutions of modern societies, scant attention has been given to the social role and responsibilities of corporations in relation to societal happiness. In this article, we review and integrate research from positive psychology and related disciplines to examine happiness as a social outcome of corporate activity. We propose that corporations have a social responsibility to respect, preserve, and advance people's right to, and experience of, happiness—which we term CSR for Happiness. Within the existing literature, stakeholder happiness has generally been narrowly conceptualized in hedonic terms and has failed to consider the broader impacts of corporate activities on societal happiness. Drawing on advances in psychological theory and research, we provide a holistic conceptualization of happiness, which includes objective, subjective, hedonic, and eudaimonic dimensions of happiness. We offer an integrative conceptual framework, which includes the macro‐to‐micro and micro‐to‐macro pathways through which corporations directly and indirectly impact upon societal happiness. Finally, we consider implications of happiness research for the intersections of business and society.     

Is Guanxi Ethical? A Normative Analysis of Doing Business in China

This paper extends the discussion of guanxi beyond instrumental evaluations and advances a normative assessment of guanxi. Our discussion departs from previous analyses by not merely asking, “Does guanxi work?” but rather “Should corporations use guanxi?” The analysis begins with a review of traditional guanxi definitions and the changing economic and legal environment in China, both necessary precursors to understanding the role of guanxi in Chinese business transactions. This review leads us to suggest that there are distinct types of, and uses for guanxi. We identify the potentially problematic aspects of certain forms of guanxi from a normative perspective, noting among other things, the close association of particular types of guanxi with corruption and bribery. We conclude that there are many different forms of guanxi that may have distinct impacts on economic efficiency and the well-being of ordinary Chinese citizens. Consistent with Donaldson and Dunfee (1999), we advocate a particularistic analysis of the different forms of guanxi.     

Deaf by Design: A Business Argument Against Engineering Disabled Offspring

If Solomon is correct in labeling businesses as community citizens because they “are part and parcel of the communities in which they live and flourish, and the responsibilities that they bear are ... intrinsic to their very existence as social entities,” then it follows that other community citizens have reciprocal duties toward them that they, as community citizens, have to any other community citizen. One of these duties is not to harm needlessly another community citizen without its permission. One issue affecting business is genetically engineering children to have characteristics, e.g., deafness, which render them disabled in work environments. Since business is a very large part of society, citizen responsibilities toward it in regard to intentionally creating deaf children should be examined. It is my contention that designing disabled offspring is unethical on the grounds that it causes undue injury to businesses without their permission in any form. D.R. Cooley is the Associate Director of the Northern Plains Ethics Institute and an Associate Professor of Philosophy and Ethics at North Dakota State University. His research includes various issues in bioethics, agriculture, and business.     

Conceptualizing data‐deliberation: The starry sky beetle,environmental system risk,and Habermasian CSR in the digital age

Building on an illustrative case of a systemic environmental threat and its multi‐stakeholder response, this paper draws attention to the changing political impacts of corporations in the digital age. Political Corporate Social Responsibility (PCSR) theory suggests an expanded sense of politics and corporations, including impacts that may range from voluntary initiatives to overcome governance gaps, to avoiding state regulation via corporate political activity. Considering digitalization as a stimulus, we explore potential responsibilities of corporations toward public goods in contexts with functioning governments. We show that digitalization—in the form of transparency, surveillance, and data‐sharing—offers corporations’ scope for deliberative public participation. The starry sky beetle infestation endangering public and private goods is thereby used to illustrate the possibility of expanding the political role of corporations in the digital sphere. We offer a contribution by conceptualizing data‐deliberation as a Habermasian variation of PCSR, defined as the (a) voluntary disclosure of corporate data and its transparent, open sharing with the public sector (b) along with the cooperation with governmental institutions on data analytics methods for examining large‐scale datasets (c) thereby complying with existing national and international regulations on data protection, in particular with respect to privacy and personal data.     

Beyond Stockholders and Stakeholders: A Plea for Corporate Moral Autonomy

In order to ensure that corporations act in socially responsible ways. R. Freeman says that firms should be legally required to act in accordance with the directives of a moral theory which he developed especially for business – a theory which has come to be called "normative stakeholder theory" (NST). I argue that NST fails as a moral theory and that this failure indicates: (1) that we should abandon the quest to develop a special moral theory for use in business, and (2) that we should not attempt to impose the use of any moral theory upon business, but rather should allow corporations to determine their moral responsibilities in any way they see fit.     

Integrative Social Contract Theory and Urban Prosperity Initiatives

Urban communities in 21st century America are facing severe economic challenges, ones that suggest a mandate to contemplate serious changes in the way America does business. The middle class is diminishing in many parts of the country, with consequences for the economy as a whole. When faced with the loss of its economic base, any business community must make some difficult decisions about its proper role and responsibilities. Decisions to support the community must be balanced alongside and against responsibilities to owners, shareholders and relevant “stakeholders” in a relatively new context. Corporations in urban communities “hollowed out” by white flight or urban sprawl must decide what level of support they can and should provide. This paper examines corporate decisions within the emerging urban prosperity initiatives, using the framework of integrative social contract theory proposed by Donaldson and Dunfee. We suggest that urban prosperity initiatives present a mandate on corporations sufficiently strong as to qualify as an authentic norm. Further, we argue that strict adherence to a corporate bottom line approach or “corporate isolationism” is not congruent with contemporary community standards. Anita Cava is an Associate Professor of Business Law at the University of Miami’s School of Business Administration and serves as Co-Director of the University of Miami’s Ethics Programs, a university-wide entity that promotes research, teaching and service across the disciplines in areas of ethical interest and concern, and Director of Business Ethics Programs in the SBA. Professor Cava received her B.A. with Distinction from Swarthmore College and her J.D. from New York University School of Law, where she was a Hays Fellow. She joined the faculty after several years in private practice in Washington, D.C. and Miami. Her experience ranged from national employment cases to commercial and consumer litigation. Professor Cava’s teaching specialties are the legal environment of business and business ethics; here research interests concern legal and ethical aspects of healthcare administration, business ethics and employment issues. She has published in law reviews and business journals on such topics as “Advance Directives: Taking Control of End of Life Decisions,” “Law, Ethics and Management: Toward an Effective Audit” and “The Collision of Rights and s Search for Limits: Free Speech in the Academy and Freedom from Sexual Harassment of Campus”. Recipient of several School of Business Administration Excellence in Teaching Awards, Anita Cava was honored in 1996 by a University-wide Excellence in Teaching Award. She regularly teaches in UM’s well-known Executive MBA Program and has received Teaching Awards from these adult students as well. A frequent speaker on the topic of Business Ethics and Corporate Compliance, Professor Cava’s audiences have included community groups, management trainees, top executives of several corporations, the Greater Miami Chamber of Commerce Goals Conference and Leadership Florida, among others. Don Mayer teaches ethics, legal environment of business, and environmental law at Oakland University in Rochester, Michigan. He is a full professor in the Department of Management and Marketing at the School of Business. He attended Duke University Law School (J.D., 1973) and Georgetown University Law Center (Master of International and Comparative Law, 1985) and practiced law in North Carolina from 1975–1990 after serving in the United States Air Force from 1973–75. He has taught as a visiting professor at the University of Michigan, California Polytechnic State University, and the University of Iowa. He has been at Oakland University since 1990 and served as Associate Dean in 2000 and 2001. Professor Mayer has published in related areas of international law, environmental law, and corporate ethics. Recent publication include “Fort’s ‘Business as Mediating Institution’-A Holistic View of Corporate Governance and Ethics,” in 41 American Business Law Journal (Summer 2004), “Yes! We Have No Bananas: Forum Non Conveniens and Corporate Evasion,” Academy of Legal Studies International Business Law Review, vol. 4, at 130 (2004), and “Corporate Governance in the Cause of Peace: An Environmental Perspective,” Vanderbilt Transnational Law Journal, Vol. 35, No. 2 (March 2002). An article on corporate free speech and the Nike v. Kasky case is forthcoming in the Business Ethics Quarterly.     

Self-regulation,Corporate Social Responsibility,and the Business Case: Do they Work in Achieving Workplace Equality and Safety?

The political shift toward an economic liberalism in many developed market economies, emphasizing the importance of the marketplace rather than government intervention in the economy and society (Dorman, Systematic Occupational Health and Safety Management: Perspectives on an International Development, 2000; Tombs, Policy and Practice in Health and Safety 3(1):24–25, 2005; Walters, Policy and Practice in Health and Safety 03(2):3–19, 2005), featured a prominent discourse centered on the need for business flexibility and competitiveness in a global economy (Dorman, 2000; Tombs, 2005). Alongside these developments was an increasing pressure for corporate social responsibility (CSR). The business case for CSR – that corporations would benefit from voluntarily being socially responsible – was increasingly promoted by governments and corporations as part of the justification for self-regulation. The aim of the article is to examine more closely the proposition that self-regulation is effective, with particular reference to the business case for workplace equality and safety. Based on a comprehensive literature review and documentary analysis, it was found that current predominant management discourse and practice focusing on diversity and safety management systems (OHSMS) resonate well with a government and corporate preference for the business case and self-regulation. However, the centrality of individual rather than organizational factors in diversity and OHSMS means that systemic discrimination and inherent workplace hazards are downplayed, making it less likely that employers will initiate structural remedies needed for real change. Thus, reliance on the business case in the argument for self-regulation is problematic. In terms of government policy and management practice, the business case needs to be supplemented by strong, proactive legislation, and worker involvement.     

International business complexity and the internationalization of languages

While the impacts of culture on international trade and foreign direct investment (FDI) have been much discussed, the influence of languages has been underappreciated in international business. We address this paucity by integrating literature from international economics, international business, Chinese business history, and linguistics to examine the transaction costs of languages. While we recognize that languages represent both a tool in international economic transactions and a vehicle to transmit cultural values, our results point out that this tool is employed differently in international trade and in FDI. Communication costs for both FDI and international trade show a hierarchy, with English the most inexpensive among major trade languages; however, we find that communication costs are much more important in FDI than in international trade. Herein, we offer practical suggestions corporations may implement regarding the matter.     

Corporations and NGOs: When Accountability Leads to Co-optation

Interactions between corporations and nonprofits are on the rise, frequently driven by a corporate interest in establishing credentials for corporate social responsibility (CSR). In this article, we show how increasing demands for accountability directed at both businesses and NGOs can have the unintended effect of compromising the autonomy of nonprofits and fostering their co-optation. Greater scrutiny of NGO spending driven by self-appointed watchdogs of the nonprofit sector and a prevalence of strategic notions of CSR advanced by corporate actors weaken the ability of civil society actors to change the business practices of their partners in the commercial sector. To counter this trend, we argue that corporations should embrace a political notion of CSR and should actively encourage NGOs to strengthen “downward accountability” mechanisms, even if this creates more tensions in corporate–NGO partnerships. Rather than seeing NGOs as tools in a competition for a comparative advantage in the market place, corporations should actively support NGO independence and critical capacity.     

Terrorism as an external threat factor in global value chains

Global terrorism incidents and business‐related threats have intensified in scale and scope over the past 17 years. Multinational corporations are thus exposed to direct and indirect negative impacts on their international activities. Previous research lacks thorough theoretical frameworks to analyze these impacts. The global value chain (GVC) framework offers a perspective that is both comprehensive and quantifiable for the evaluation and expansion of this prior research. The GVC enables us to assess terrorism impacts on international business overall and at each stage of the value chain. On this basis, we develop a “terrorism resilience theory”) that can be used in future theoretical and managerial analyses of the response to terrorism risk.     

Undivided Corporate Responsibility: Towards a Theory of Corporate Integrity

In the years since Enron corporate social responsibility, or “CSR,” has become a ubiquitous phenomenon in both research and business practice. CSR is used as an umbrella term to describe much of what is done in terms of ethics-related activities in firms around the globe to such an extent that some consider it a “tortured concept” (Godfrey and Hatch 2007, Journal of Business Ethics 70, 87–98). Addressing this skepticism, I argue in this article that the focus on CSR is indeed problematic for three main reasons: (1) the term carries a lot of historical baggage – baggage that is not necessarily conducive to the clarity of the concept; (2) it is the object of increasing ethical instrumentalism; and (3) given the multiple ethical challenges that corporations face, and given the fact that the “social” responsibilities of business are but one set of corporate responsibilities, a suitable term would have to be more inclusive and integrative. I therefore suggests moving instead toward a sound definition of corporate integrity and aim in this article to develop a working definition by fleshing out “7 Cs” of integrity: commitment, conduct, content, context, consistency, coherence, and continuity. I then discuss how these 7 Cs impact our understanding of CSR or, more broadly, corporate responsibility in general.

(Re)discovering the Social Responsibility of Business in Germany

The concept of corporate social responsibility (CSR) is a relatively recent addition to the agenda in Germany, although the country has a long history of companies practicing social responsibilities. The expectations of society had remained stable for many years, encapsulated in laws, societal norms, and industrial relations agreements. But the past decade has seen significant changes in Germany, challenging established ways of treating the role of business in society. This contribution reviews and illustrates the development of diverse forms of social responsibility in German corporations and analyzes how actors in business and society can build on traditional strengths to find new institutional arrangements for sharing tasks and responsibilities in the interests of achieving a better balance between societal, economic, and environmental needs.     

Shaping Sustainable Value Chains: Network Determinants of Supply Chain Governance Models

Globalization theories posit organizational convergence, suggesting that Codes of Ethics will become commonplace and include greater consideration of global issues. This study explores the degree to which the Codes of Ethics of 157 corporations on the Global 500 and/or Fortune 500 lists include the “third generation” of corporate social responsibility. Unlike first generation ethics, which focus on the legal context of corporate behavior, and second generation ethics, which locate responsibility to groups directly associated with the corporation, third generation ethics transcend both the profit motive and the immediate corporate environment. Third generation ethics are grounded in responsibilities to the larger interconnected environment. The results of the study suggest convergence, insofar as Codes of Ethics are becoming standard communication features of corporations across region and industrial sector but still manifest a primary concern with profits and those behaviors which are mandated by law. Only corporations headquartered in the European Union demonstrate a significant degree of global consciousness and reflexivity. However, there is some evidence that third generation ethics and thinking are becoming part of the corporate landscape. More then three quarters of the corporations made at least some reference to third generation ethics.     

Grounding Positive Duties in Commercial Life

For years business ethics has limited the moral duties of (transnational) enterprises to negative duties. Over the last decade it has been argued that positive duties also befall commercial agents, at least when confronted with large scale public problems and when governments fail. The argument that enterprises have positive duties is often grounded in the political nature of commercial life. It is argued that agents must sometimes take over governmental responsibilities. The German republican tradition argues along these lines as does Nien-Hé Hsieh. Agents in commercial life are bound by positive duties because at some point they become citizens that must take on the responsibilities of the state. In this paper we leave undisputed the claim that corporations must acknowledge positive duties. However, we demonstrate that the political grounding fails, at least in the sense that this theory insufficiently acknowledges a long standing liberal tradition that vindicates apolitical markets and clear borderlines between politics and economics. We carve out an alternative route to the grounding of one specific positive duty—the duty to further justice. Our argument is based on the moral nature of commercial agents (including corporations) and tries to demonstrate that the duty to further justice ensues from liberalism. Taking a Kantian perspective, it conceptualizes the duty to further justice as a moral duty, orientated toward the political domain. It is grounded in the obligation to attain moral autonomy in the civil condition.     

Understanding Japanese <Emphasis Type="Italic">CSR</Emphasis>: The Reflections of Managers in the Field of Global Operations

The education of students and professionals in business ethics is an increasingly important goal on the agenda of business schools and corporations. The present study provides a meta-analysis of 25 previously conducted business ethics instructional programs. The role of criteria, study design, participant characteristics, quality of instruction, instructional content, instructional program characteristics, and characteristics of instructional methods as moderators of the effectiveness of business ethics instruction were examined. Overall, results indicate that business ethics instructional programs have a minimal␣impact on increasing outcomes related to ethical perceptions, behavior, or awareness. However, specific criteria, content, and methodological moderators of effectiveness shed light on potential recommendations for␣improving business ethics instruction. Implications for␣future research and practice in business ethics are discussed.     

Beyond Credibility of Doing Business in China: Strategies for Improving Corporate Citizenship of Foreign Multinational Enterprises in China

This study examines the perceptions of Chinese executives concerning corporate social responsibilities in their Chinese subsidiaries of foreign multinational corporations in China. These Chinese subsidiaries are found in the elementary stage of corporate citizen development even though their headquarters are in the advanced stage. The key challenges of moving Chinese subsidiaries to be better corporate citizens in China are specific Chinese business culture, intellectual property rights, internal due process, insufficient Chinese government support, and lack of knowledge of Chinese subsidiaries. Through this study, foreign multinational corporations need to invest in social capital that facilitates the transfer of knowledge of comprehensive corporate responsible practices from the headquarters to their Chinese subsidiaries, and to encourage their Chinese subsidiaries to be more actively engaged with external business partners that support corporate social responsibility.     

Islamic business scorecard and the screening of Islamic businesses in a cross‐country setting

Screening of shari'ah compliant firms is incomplete without the inclusion of ethical and social responsibilities. The existing “activity screen” does not directly capture the ethical and social footprints of firms. The purpose of this study is to create and test an Islamic business scorecard that combines activity, ethical, and social responsibilities that Islamic businesses must comply with. This new Islamic business scorecard replaces the existing activity screens and is added to the financial screens to create an integrated business screening mechanism to identify shari'ah compliant firms. This study utilizes data from a sample of 410 shari'ah compliant companies listed with stock exchanges in Malaysia, Pakistan, and Bangladesh. Out of the five newly developed constructs of the Islamic business scorecard, the results indicate Islamic firms are less committed to social responsibilities and tend to push forward economic responsibilities that focus on profitability and growth. Of the three countries, this study reports Malaysian firms have the highest compliance scores, while Bangladesh displays characteristics of the “next‐big shari'ah destination”. Financial screens are more important than the Islamic business scorecard for firms in the construction, industrial, technology, and trading/services sectors. Because of its connection with the economic, ethical, and social dimensions, the scorecard helps to identify the true nature of shari'ah compliance as a useful decision tool for investors and policymakers.     

MNC Strategic Responses to Ethical Pressure: An Institutional Logic Perspective

In this study, we aim to investigate how multinational corporations (MNCs) balance ethical pressures from both the home and host countries. Drawing on theories from institutional theory, international business, and business ethics, we build a theoretical framework to explain the ethical behavior of MNCs. We apply the institutional logic concept to examine how MNCs with established logics and principles that have grown in the home country respond to local ethical expectations in the host country. We differentiate the core values from the peripheral components of a MNC’s institutional logic and propose that a MNC will pursue distinctive ethical strategies under different scenarios and choose the “right” configuration of core values and peripheral components that align with institutional environment in host countries.     

Doing Business with Rights Violating Regimes Corporate Social Responsibility and Myanmar’s Military Junta

Whether to do business with rights violating regimes is one of many dilemmas faced by socially responsible corporations. In this article the difficult case of Myanmar is considered. Ruled for decades by a closed and sometimes brutal military elite, the country has long been subject to informal and formal sanctions. However, as sanctions have failed to trigger political reform, it is necessary to review the policy options. The focus here is on the contribution socially responsible corporations might make to change. The article sketches contextual features of the case, examines the recent history and present pattern of business links with Myanmar, and assesses whether current approaches can stimulate reform. Concluding that they cannot, it considers fresh possibilities for corporate engagement. The argument is that socially responsible corporations, committed to improving individual life chances through engagement with developing societies, should undertake collaborative and principled direct investment in Myanmar. The underlying strategy and problems of codification and implementation are all analyzed. To close, the article contends that, by doing business with Myanmar’s rights violating regime, multinational corporations can extend the frontiers of global corporate social responsibility. Ian Holliday is Professor of Policy Studies and Dean of the Faculty of Humanities and Social Sciences, City University of Hong Kong