Regulating Corporate Social Performance

Business Ethics Quarterly 11 (2):307-330 (2001)
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Abstract

Traditional approaches to regulating corporate behavior have not, and cannot, produce socially responsible corporations.Although many of the problems with these approaches were identified twenty-five years ago by Christopher Stone, an effective regulatory system still has not been implemented. A model of regulation is needed that is flexible enough to accommodate the variety of contexts in which corporations operate, but also makes corporations responsive to the ever-changing societal expectations of propercorporate behavior. To accomplish these goals, a reflexive law regulatory system is needed. Under this approach, corporationsshould be encouraged to engage in corporate social accounting, auditing, and reporting (SAAR). The development of SAAR standardsinformed by reflexive law theory will create a regulatory system that is consistent with the latest thinking in business ethics, includingStakeholder Theory and Integrative Social Contracts Theory.

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