According to long-established narratives, legal thinking in Germany, France and the U.S.A. was shaped by formalist legal cultures for the most part of the nineteenth century until the respective legal sciences embraced their social responsibility in the early twentieth century. Recently, legal historians have begun to question these narratives. In separate analyses, they have shown that the critics of ‘Legal Formalism’ exerted a lasting influence on historical research since the early twentieth century, thereby fostering a deeply charged understanding of nineteenth (...) century jurisprudence. What went largely unnoticed, however, was the transnational dimension of this false narrative. Due to the transnational ties of the critics of ‘Legal Formalism’, a powerful misrepresentation of nineteenth century Western legal thought emerged that still influences contemporary global legal history. Dismantling the prejudices surrounding the Western jurisprudence of the nineteenth century causes crucial challenges for conceptualising nineteenth century Western legal thought. (shrink)

Seen from a national business system perspective, the notion of corporate social responsibility (CSR) emerges as a specifically US‐American response to challenges regarding the corporate place in society. With the spread of American capitalism, however, CSR is bound to come into contact – and conflict – with other approaches to the role of business in society that have been shaped by different national cultures. Within Europe, one such area of potential conflict concerns the role of organised labour in representing employee (...) interests. Studying the perceptions held by European trade unions on stakeholding, as one of the important concepts in the CSR discourse, does indeed reveal a considerable degree of union scepticism of CSR and its terminology. There is, however, also embryonic evidence of at least some unions attempting to link the CSR discourse to traditional union goals. Furthermore, national differences in union responses to CSR are beginning to emerge, which may, in turn, further shape the evolution of national business systems in Europe. (shrink)

ABSTRACT:The extant literature on cross-national differences in approaches to corporate social responsibility (CSR) has mostly focused on developed countries. Instead, we offer two inter-related studies into corporate codes of conduct issued by developing country multinational enterprises (DMNEs). First, we analyse code adoption rates and code content through a mixed methods design. Second, we use multilevel analyses to examine country-level drivers of differences in code content—specifically, elements of a country’s National Business System (NBS). We find that DMNEs are much more likely (...) to adopt a code of conduct than their domestic counterparts; however, this does not translate into greater code comprehensiveness. We also find support for the ‘substitute view’ of CSR in developing countries, i.e. that MNEs from poorer countries and from countries with lower governance effectiveness tend to express more comprehensive commitments. However, this dynamic does not extend to a country’s labour system; instead, CSR appears here to match the efficiency of a country’s labour market, thus reflecting the ‘mirror view’ of CSR. (shrink)

An introduction and translator's note by translator Peter Preuss are included in the text.

Codes of conduct have become the perhaps most often used tool to manage corporate social responsibility (CSR). Researchers have primarily analysed such documents at company-wide or trans-company levels, whereas there is a dearth of studies into the use of codes for particular corporate functions. Hence, this article will examine one particular group of sub-company level codes, namely codes of conduct that stipulate CSR criteria for suppliers. Examining such ethical sourcing policies adopted by the FTSE100 corporations, the article draws out what (...) environmental, social and economic issues large corporations perceive to be important in the management of their supply chains. At an aggregate level, the coverage of CSR issues is rather extensive, yet at the level of the individual corporation a degree of selectivity in the issues that are addressed becomes noticeable. The code content analysis furthermore confirms the business case and public pressure to be the most important drivers of CSR. Finally, the study highlights the role of isomorphic processes in the adoption of CSR tools. (shrink)

In contrast to the recent rise to economic importance of offshore finance centres (OFCs), the topic of taxation has so far created little interest among scholars of corporate social responsibility (CSR). This paper makes two contributions to addressing this lacuna. Applying a range of influential normative theories of ethics, it first offers an ethical evaluation of tax havens. Second, the paper examines what use large firms that are headquartered in two OFCs—Bermuda and the Cayman Islands—make of formal CSR tools. The (...) emerging duplicity in tax havenbased companies professing social responsibility highlights once more the political nature of CSR, where at least some firms and/or industries can successfully limit government power to enact regulation as well as shape the discourse around CSR. The study of CSR in OFC-based firms thus calls into question the usefulness of the often quoted definition of CSR as going beyond the law. (shrink)

This paper proposes a systematic framework for the analysis of tensions in corporate sustainability. The framework is based on the emerging integrative view on corporate sustainability, which stresses the need for a simultaneous integration of economic, environmental and social dimensions without, a priori, emphasising one over any other. The integrative view presupposes that firms need to accept tensions in corporate sustainability and pursue different sustainability aspects simultaneously even if they seem to contradict each other. The framework proposed in this paper (...) goes beyond the traditional triad of economic, environmental and social dimensions and argues that tensions in corporate sustainability occur between different levels, in change processes and within a temporal and spatial context. The framework provides vital groundwork for managing tensions in corporate sustainability based on paradox strategies. The paper then applies the framework to identify and characterise four selected tensions and illustrates how key approaches from the literature on strategic contradictions, tensions and paradoxes—i.e., acceptance and resolution strategies—can be used to manage these tensions. Thereby, it refines the emerging literature on the integrative view for the management of tensions in corporate sustainability. The framework also provides managers with a better understanding of tensions in corporate sustainability and enables them to embrace these tensions in their decision making. (shrink)

Narrative is increasingly being recognised as an important tool both to manage and understand organisations. In particular, narrative is recognised to have an important influence on the perception of environmental issues in business, a particularly contested area of modern management. Management literature is, however, only beginning to develop a framework for evaluating the quality and legitimacy of narratives. Due to the highly fluid nature of narratives, the traditional notion of truth as reflecting ' objective reality' is not useful here. In (...) this article, an alternative approach that evaluates a narrative in two stages is developed. First, a horizontal reading investigates the surface of the narrative, its textual features, instrumental devices and its integrity as a text, to assess the quality of a narrative. Second, a more philosophical or vertical reading makes explicit the underlying value assumptions that author and reader bring to the writing and reading of the narrative to assess the narrative's claim to legitimacy. The framework is then tested against a narrative on the relationship between business and environment as espoused by a supply chain manager of a UK-based manufacturing company. (shrink)

The supply chain management function is currently undergoing a dramatic change: it is adopting an increasingly strategic role. However, this growing financial importance is matched in only a handful of exemplary companies by a greater contribution to environmental protection initiatives in the supply chain. This paper explores some of the obstacles to greater supply chain management involvement in environmental protection and offers suggestions for greener supply. At a personal level, the gap between public opinion on the environment and managerial values (...) needs to be closed, and the support offered by management education and by professional bodies needs to be improved. Within the organisation, the reward structure for supply chain managers needs to move away from narrow economic criteria. Greener supply would also benefit from a larger supply chain management role in corporate strategy making; the function could even be offered a seat on the Board of Management. Changes to the mode of supply chain management, including improvements to the information flow on environmental issues, the decision–making tools used in the face of complex environmental challenges and novel approaches to supply chain management need to receive urgent attention. (shrink)

The supply chain management function is currently undergoing a dramatic change: it is adopting an increasingly strategic role. However, this growing financial importance is matched in only a handful of exemplary companies by a greater contribution to environmental protection initiatives in the supply chain. This paper explores some of the obstacles to greater supply chain management involvement in environmental protection and offers suggestions for greener supply. At a personal level, the gap between public opinion on the environment and managerial values (...) needs to be closed, and the support offered by management education and by professional bodies needs to be improved. Within the organisation, the reward structure for supply chain managers needs to move away from narrow economic criteria. Greener supply would also benefit from a larger supply chain management role in corporate strategy making; the function could even be offered a seat on the Board of Management. Changes to the mode of supply chain management, including improvements to the information flow on environmental issues, the decision–making tools used in the face of complex environmental challenges and novel approaches to supply chain management need to receive urgent attention. (shrink)

This article offers an overview over the wide scope business ethics has reached in German speaking countries; works which in their majority are not yet available in English translation. The proposed concepts range from a focus on the individual manager and a focus on moral education of managers, via the procedural model of discourse ethics to pressure group ethics and business ethics from a Christian point of view. Other authors suggest an economic theory of moral behaviour, or see ethics as (...) an assurance for decisions under uncertainty or argue for a more enlightened concept of economic rationality. (shrink)

Business schools, and universities providing business education, from across the globe have increasingly engaged in responsible management education (RME), that is in embedding social, environmental and ethical topics in their teaching and research. However, we still do not fully understand the institutional pressures that have led to the adoption of RME, in particular concerning under-researched regions like Central and Eastern Europe (CEE). Hence, we undertook what is to our knowledge the most comprehensive study into the adoption of RME in CEE (...) to date (including 13 countries: Belarus, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Russia, Slovenia and Ukraine). We find that, with regard to RME, isomorphic pressures seem to shape teaching and research in different ways, which suggests that the idea of a holistic approach to RME, promoted by, for example, the Principles of Responsible Management Education (PRME), needs to be revisited; rather, different trajectories of organizational engagement may emerge for each principle. As a contribution to institutional theory, we discuss how a highly fragmented organizational field—like RME with its multiple dimensions—impacts on notions of actor centrality, where actors achieve centrality with regard to some dimensions of the field but fail to do so for others. In particular, we found that the European Union holds centrality in the area of RME teaching, but not in RME research. Our findings thus suggest that the concept of field centrality needs further clarification. (shrink)

Against the backdrop of an increasing importance of the purchasing function in manufacturing companies, this paper introduces the notion of a "green multiplier effect" and suggests that purchasing could become an important agent for change regarding environmental initiatives in the supply chain. The literature offers some support for this concept. However, a study into purchasing in Scottish manufacturing companies produces a less optimistic picture, as environmental initiatives involving the supply chain are rare. Where they occur, they are mostly undertaken in (...) a passive fashion, with the main motivation being compliance with legislation. Above-average environmental initiatives are reported from three industries: paper making, chemicals and electronics. Explanations of the discrepancy between anticipated and actual results point to the reactive nature of purchasing and to performance measurement systems that focus on economic criteria. (shrink)

The thesis of this article is that implicit memory does not exist. Implicit memory.

Alastair Hannay wrote that there is a campaign against the mental image and a look at the philosophical literature on that topic bears him out. But there is also a campaign against dreams. Given the first campaign this is not surprising. What is surprising is that they are separate campaigns. Intuitively mental images and dreams seem to be as alike as kittens and cats, the one being merely the developed form of the other, made possible by the fading of consciousness (...) of the real world. One would think that an attack on the one is also an attack on the other, at least in the sense that an analysis of the one will, with modest modifications, also be an analysis of the other.But this seems not to be so. To say that a man who pictured his nursery was not a spectator of a resemblance of his nursery, but rather resembled a. spectator of his nursery, may have some initial plausibility because some people behave in curious ways at such times. But to say this of a person who dreamt of his nursery is simply nonsense. (shrink)

Studies into corporate social responsibility (CSR) in small and medium-sized enterprises (SMEs) have suggested that small businesses are different to the large companies on which CSR research usually focusses. Extending this argument, this article raises the question what differences in approaches to CSR there are within the SME category. Analysing the CSR strategy and performance of a medium-sized fashion retailer in the United Kingdom through manager interviews as well as customer and employee surveys, the article develops an analytical framework of (...) CSR in small, medium and large firms. The argument is developed that medium-sized firms occupy a transition stage, where some CSR features that are reminiscent of small enterprises are still important but get overlaid with aspects that are more typical of large companies. (shrink)

Seen from a national business system perspective, the notion of corporate social responsibility emerges as a specifically US‐American response to challenges regarding the corporate place in society. With the spread of American capitalism, however, CSR is bound to come into contact – and conflict – with other approaches to the role of business in society that have been shaped by different national cultures. Within Europe, one such area of potential conflict concerns the role of organised labour in representing employee interests. (...) Studying the perceptions held by European trade unions on stakeholding, as one of the important concepts in the CSR discourse, does indeed reveal a considerable degree of union scepticism of CSR and its terminology. There is, however, also embryonic evidence of at least some unions attempting to link the CSR discourse to traditional union goals. Furthermore, national differences in union responses to CSR are beginning to emerge, which may, in turn, further shape the evolution of national business systems in Europe. (shrink)

The following remarks deal only with one aspect of Kennedy's article: the attempt to demonstrate Schmitt's imprint on Habermas' work. Here Kennedy has to bear the burden of proof because of the gap between Schmitt, the harbinger of politics as a sphere of existential decision, and Habermas, the theoretician of apolitical rationality. Before dealing with two questions raised by Kennedy — Schmitt's and Habermas’ conception of democracy; and the distinction between legality and legitimacy, it is advisable to briefly review Schmitt's (...) conceptual apparatus. Kennedy begins by ascribing to Schmitt the view that liberal democracy is a deceptive compromise which does not resolve “the material claims to equality.”. (shrink)

In the future, magic, prophecy, and faith, as well as the usual thought patterns of classical philosophy, but also revelations, will no longer serve to convey to people the meaning of existence. The book shows how they are superseded by the modern physical theory of matter. This has far-reaching implications since there is no possibility for the existence of a (creating) God and the cosmos has to be regarded as a "split zero". In addition the book presents an outline for (...) a cosmic ethic, which calls for mutual respect and mutual assistance between all people. (shrink)

The fundamental problem of Epicurean philosophy is understood as the problem of being human in a mechanical universe, which brings out the philosophical importance of Epicurus and guards against treating him as a museum piece. This interpretation of Epicurean ethics is developed against the background of a critical discussion of earlier interpretations. Although the whole range of the tetrapharmakos is covered in the book, as well as the Epicurean social philosophy of justice and friendship, the argument focuses on Epicurus' understanding (...) of the nature of pleasure, and pain and on the distinction between kinetic and katastematic pleasure. (shrink)

This paper aims to take stock of the emerging international literature on the role of labor unions in corporate social responsibility (CSR). Where unions are discussed in the North American CSR literature at all, authors see them as foregrounding membership benefits over wider societal interests and hence contributing to systematic environmental degradation. In Europe, the managerialdiscretion of CSR clashes with the more regulated frameworks for employees and labor unions to influence corporate decision-making. Hence many European unions express a considerable degree (...) of skepticism of CSR. On the international scene, companies have become increasingly sensitive to how their labor management activities are perceived by the wider society, yet they may nevertheless continue with even highly controversial labor policies if they do not see a business case for changing these. In other words, CSR commitments by themselves would not seem to be sufficiently powerful to bring about systematic change in the management of labor. (shrink)