scholarly journals Regulating corporate social responsibility practices of adopting codes of conduct through criminal law

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lilach Litor

PurposeThis paper explores different approaches to regulating corporate social responsibility (CSR) patterns of adopting codes of conduct, and discusses the approach that courts should embrace.Design/methodology/approachCase studies from various legal systems will be examined. The paper presents new typology relating to different patterns of the Corporate Social Performance (CSP) model, based on aspects of the CSR pyramid, namely, legislative CSR and ethical CSR. Legislative CSR includes adoption of thin codes which reflect compliance within current legal standards of the criminal code, while ethical CSR includes codes reflecting ethical norms and corporate social citizenship beyond mere compliance. The paper also includes the interplay of different patterns of CSR and three approaches to regulation regarding these patterns.FindingsBoth the Israeli negative CSR regulatory approach and the American legislative CSR regulatory approach present difficulties.Originality/valueThe paper introduces a theory for regulating CSR within criminal law, drawing on the pyramid of CSR. It presents an original discussion of distinct approaches to regulation of corporate liability, while further developing the institutional theory of CSR and the interplay of regulation and CSR. The paper suggests a novel solution regarding the regulation and acceptance of CSR: the granting of protection from criminal liability to corporations who adopt CSR.

2016 ◽  
Vol 12 (2) ◽  
pp. 209-227 ◽  
Author(s):  
Brent D. Beal ◽  
Cristina Neesham

Purpose The purpose of this paper is to call attention to the need to revitalize the systemic nature of corporate social responsibility (CSR) and offer some suggestions about how this might be accomplished. The authors introduce the concept of systemic CSR and associate it with micro-to-macro transitions, the need to make systemic objectives explicit and the responsibility of system participants to regulate their behavior to contribute to these outcomes. Design/methodology/approach The authors comment, from a systemic perspective, on four different management approaches to CSR – shareholder value, corporate social performance, stakeholder theory and corporate citizenship. Three general systemic principles that participants can use as decision-making guides are a focus on value creation, ongoing assessment of collective outcomes and reflective engagement in the aggregation process. Findings The authors observe that businesses routinely demonstrate their ability to think in systemic terms in strategic contexts that require it. If businesses can address systemic issues in these contexts, then they can also apply systemic logic in furtherance of collective (or system-level) objectives. Originality/value The authors propose an approach to CSR that emphasizes micro-to-macro transitions, the need to make systemic objectives explicit and the responsibility of system participants to regulate their behavior to contribute to these desired objectives. Systemic CSR is unique in its explicit focus on the micro-to-macro transition (i.e. the process of aggregation), systemic objectives and the need to actively insource responsibility for contribution to the realization of those objectives.


2020 ◽  
Vol 33 (4) ◽  
pp. 825-855 ◽  
Author(s):  
Eduardo Ortas ◽  
Isabel Gallego-Álvarez

PurposeThis paper addresses the role of corporate social responsibility (CSR) performance as a potential mechanism for reducing firms' likelihood of engaging in tax aggressiveness (TAG). The paper also contributes to the existing literature by addressing the moderating effect of national cultures on the link between CSR performance and corporate TAG.Design/methodology/approachThe focus is placed on an unbalanced panel of 2,696 companies distributed in 30 countries and seven economic sectors over the period of 2002–2014.FindingsThe results provide support for those companies achieving high corporate social performance (CSP), corporate environmental performance (CEP) and corporate governance performance (CGP) being less likely to engage in aggressive tax practices. Finally, the results identify some national cultural dimensions moderating the link between disaggregated measures of CSR performance and firms' TAG.Research limitations/implicationsThe difficulty of accessing CSR and TAG data for non-listed companies could bias the data set towards a compliant company profile because of the higher visibility. In addition, the use of effective tax rates to examine firms' TAG should be interpreted with some caution.Practical implicationsThe paper's findings provide unique and useful information for company stakeholders and managers aiming to address the factors that enhance firms' incentives to engage in aggressive tax practices.Originality/valueThis paper addresses the multidimensional nature of CSR performance by analysing the links between CSP, CEP and CGP and corporations' TAG. Furthermore, the research addresses the way in which national culture moderates the links between disaggregated measures of CSR performance and corporate TAG.


2018 ◽  
Vol 15 (2) ◽  
pp. 55-76
Author(s):  
Clément Séhier

Purpose This paper aims to investigate to what extent and for which reasons the codes of conduct and social audits of multinational corporations (MNCs) have failed to change practices within Chinese factories. A special attention is given to the social compliance initiatives (SCIs) and multi-stakeholder initiatives (MSIs) which did not overcome the main obstacles of the compliance approach. Design/methodology/approach This research is based on a fieldwork in China, including 36 semi-constructed interviews with practitioners involved in corporate social responsibility (CSR), participant observation in the CSR programme of the International Labour Organisation office in Beijing and several visits of factories involved in CSR programmes. Secondary sources are used to estimate the distribution of value added along global value chains (GVCs). Findings The codes of conduct and social audits tend to reproduce the domination of MNCs within GVCs. This paper highlights some obstacles – and opportunities – for CSR appropriate to the Chinese context. Research limitations/implications Only a few MNCs agreed to meet the author and speak openly. No one allowed the author to visit their suppliers’ factories. Practical implications The findings of this study suggest that the most widespread approach to CSR by MNCs is flawed. More attention should be given to specific institutional contexts and to workers’ participation. Originality/value CSR discourse and practices in China are put in the context of GVCs and in the transformation of Chinese industry and labour relations. This method allows going beyond a case study approach. Instrumentations of several SCIs and MSIs are also analysed in detail.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nese Colakoglu ◽  
Mehmet Eryilmaz ◽  
Jennifer Martínez-Ferrero

Purpose This study aims to understand whether board diversity has a direct effect on “corporate social responsibility (CSR)” performance of companies or not. In addition, this study also aims to examine the moderation effect of age and education level of female board members on the relationship between board gender diversity and CSR performance. Design/methodology/approach A “corporate social performance (CSP)” measurement instrument was designed to conduct a content analysis that analyzes the CSR disclosure in the annual reports of Turkish companies listed on the “500 biggest Turkish companies” report of “Istanbul Chamber of Industry (ISO)” in 2015. The data coming from content analysis of 117 company reports were analyzed by using hierarchical regression analysis. Findings Despite of supporting the increase in CSR performance when there is a greater presence of independent board members in an organization, evidence supports that ratios of female and foreign board members do not have any significant effect on CSR performance. Originality/value The study contributes to previous literature on board diversity and CSR performance as follows. First, this paper contributes to previous literature by examining and testing independent, female and foreign board members as a new antecedent of CSR performance in research on Turkey; second, by examining a sample of the “500 biggest Turkish companies” and providing some tips about both Turkey and other developing countries; third, by reopening the debate about the positive impact of a greater presence of independent directors on board on CSR performance and the non-effect of female and foreign board members. Finally, it also offers a partially new CSP measurement instrument based on content analysis.


2020 ◽  
Vol 25 (2) ◽  
pp. 319-337 ◽  
Author(s):  
Sabine A. Einwiller ◽  
Craig E. Carroll

PurposeThis study aims to reveal the quantity, quality and cultural differences of negative corporate social performance (CSP) disclosures in large firms' corporate social responsibility (CSR) reports. Firms are expected to be transparent about the impacts and outcomes of their CSP. A central aspect of transparency is balance, which means disclosing both positive and negative CSP.Design/methodology/approachContent analysis was applied to 75 CSR reports of large firms chosen from the Forbes Top 500 list. The firms belong to three cultural clusters: Anglo, Confucian Asia and Germanic/Nordic Europe.FindingsFirms made few negative CSP disclosures, yet the quantity of negative CSP disclosures varied among cultural clusters. Reports from Germanic/Nordic Europe showed the highest number of negative CSP disclosures, reports from Confucian Asia showed the lowest number and the Anglo cluster's number fell in between. The Asian firms communicated corrective actions more often than firms from the other clusters.Research limitations/implicationsThis study focused on negative CSP disclosures in the CSR reports – not omitting negative CSP. The practice of self-laudatory CSR communication decreases the likelihood that relevant stakeholders will believe what firms report about.Originality/valueStudies on the quality and quantity of negative disclosures are rare; by examining cultural differences, this study contributes to the limited body of knowledge.


2016 ◽  
Vol 10 (2) ◽  
pp. 272-290 ◽  
Author(s):  
Lihong Song ◽  
Qiang Liang ◽  
Yuan Lu ◽  
Xinchun Li

Purpose Based on the stakeholder theory, this study aims to investigate Chinese entrepreneurial firms’ selective satisfaction of Stakeholder demands on corporate social performance (CSP). Design/methodology/approach This study uses the survey data from privately owned companies in China, which is collected by the All-China Federation of Industry and Commerce in three years of 2006, 2008 and 2010. Findings This paper suggests a contingency model of CSP: entrepreneurial firms selectively perform corporate social responsibility (CSR) issues rather than all CSP dimensions. Furthermore, this study illustrates that international operations, such as overseas exports, would strengthen the above positive relationships between foreign ownership and selected CSR issues. Originality/value This study contributes to the understanding of CSR activities in Chinese entrepreneurial firms, which are more selective when performing social issues. In addition to the theoretical contribution, this work suggests a contingency model to the stakeholder theory, indicating the moderating factors to the entrepreneurial firms’ motivation to perform specific social responsibilities.


2015 ◽  
Vol 53 (3) ◽  
pp. 553-570 ◽  
Author(s):  
Hazar Ben Barka ◽  
Ali Dardour

Purpose – The purpose of this paper is to discuss a research model that presents three metrics of corporate social performance (CSP): board interlocks, director’s profile and corporate social responsibility (CSR). Design/methodology/approach – Based on social network theories, the authors argue the possible relationships between the three variables. The authors conduct the study on 255 directorships in the boards of 20 listed companies in France, which participate in Carbon Disclosure Project (CDP) for 2010. Findings – The results show that director’s background and nationality diversity in the board are the most relevant attributes to discerning firms with high CSR scores. However, the relationship between board interlocks and CSR is not consistent. Some explanations are reported and discussed. Research limitations/implications – The research contributes to recognize the most influential variables in board composition for firms with high CSR scores, although it is based on a conceptual development and an explorative analysis. It could constitute the basis for future research which integrates modeling and multivariate analysis. Practical implications – Diversity in the board could be an effective tool to guide management for more CSR decisions. Social implications – The paper highlights the importance of diversifying the recruitment base when integrating new board members. This implies opening board networks to new profiles, in order to better meet stakeholders’ expectations regarding CSR. Originality/value – The paper contributes to board literature by highlighting the importance of combining individual attributes (director) with corporate ones (board of directors) to better assess the role of board of directors in the adoption of CSR’ practices.


2019 ◽  
Vol 15 (8) ◽  
pp. 1071-1086 ◽  
Author(s):  
Ben Kwame Agyei-Mensah ◽  
Samuel Buertey

PurposeThe study aims to examine the simultaneous influence of corruption and culture on corporate social and environmental performance of selected companies.Design/methodology/approachTheoretical propositions on how corruption and culture influence corporate social responsibility performance were developed and empirically tested. Corruption is measured using Transparency International’s Corruption Perception Index and Schwartz (2008) cultural dimension is used as a measure of culture. Descriptive analysis was performed to provide the background statistics of the variables examined. This was followed by regression analysis which forms the main data analysis.FindingsThe multiple regression analysis results indicated that corruption and two of the three cultural dimensions (embeddedness and Mastery) are significantly related to corporate social responsibility performance.Originality/valueThe study contributes to the corporate social responsibility literature by revealing that corruption and culture are key determinants of corporate social responsibility performance.


2017 ◽  
Vol 13 (2) ◽  
pp. 279-291 ◽  
Author(s):  
Norman Cameron Croker ◽  
Lisa Robyn Barnes

Purpose The purpose of this paper is to investigate the corporate social responsibility (CSR) and corporate social performance (CSP) in literature from its inception to 2013. Design/methodology/approach Using a bibliometric technique, the authors examine CSR’s epistemological orientation and determine whether it is primarily composed of authors building on each other’s work (“progressive”), or comprises the development of alternative constructs (“variegational”), or whether both orientations exist side-by-side within a dynamic, multidimensional concept. Findings The paper reviews bibliometric analysis of the epistemological evolution of the CSR concept within the management literature, from 1972 to 2002, using a dataset to that time of approximately 500 articles. Since then, the evolving CSR/CSP literature has transitioned the main CSR debate from a “whether or not to”, to a “how to” implement CSR debate, and the body of literature has grown to over 8,000 articles. The authors find that the progression of the CSR construct is both variegational and progressive. They identify that the predominant theoretical theme is based on stakeholder theory. Research limitations/implications The results of this research, identifying that the epistemological evolution of the CSR concept within the recent management literature can be characterised as being both variegational and progressive, adds a valuable contribution to the ongoing and increasing body of knowledge relating to CSR. Originality/value The results of this study may be of practical importance to scholars in identifying relevant foci for their future research into the CSR construct.


2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Gregor Dorfleitner ◽  
Johannes Grebler

PurposeThis paper aims to close gaps in the current literature according to whether there are differences regarding the relationship between corporate social performance (CSP) and systematic risk when diverse regions of the world are considered, and what the respective drivers for this relationship are. Furthermore, it tests the robustness to alternative measures for CSP and systematic risk.Design/methodology/approachThis study focuses on the impact of corporate social responsibility on systematic firm risk in an international sample. The authors measure CSP emerging from a company's social responsibility efforts by utilizing a CSP rating framework that covers a variety of dimensions. The instrumental variable approach is applied to mitigate endogeneity and identify causal relationships.FindingsThe impact of overall CSP on systematic risk is most distinct for North American firms and, in descending order, weaker in Europe, Asia–Pacific and Japan. Risk mitigation applies across all four regions. However, the magnitude of impact differs. While the most critical drivers in North America and Japan include product responsibility, Europe is affected most by the employees category and Asia–Pacific by environmental innovation.Practical implicationsThe findings help firms to control their cost of equity and investors may identify low-risk stocks by considering certain aspects of CSP.Originality/valueThis study distinguishes itself from previous literature addressing the connection between systematic risk and CSP by focusing on regional differences in an international sample, using the very transparent CSP measures of Asset4, identifying underlying impact drivers, and testing for robustness to alternative measures of systematic risk.


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