Private and Public Corporate Regulatory Systems: Does CSR Provide a Systemic Alternative to Public Law?

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Abstract

CSR (Corporate Social Responsibility) is an increasingly important area of corporate and legal concern. In addition to problems defining the meaning of the term and understanding its implications, there is a lack of understanding about how it can, does, and should interact with law. This paper answers this gap using a method used in the sociology of law: systems theory. The paper argues that CSR can be understood as a response to social costs and law's apparent failure to curb those costs. It focuses the examination on social costs generated by large industrial organizations and how they are regulated by public and private regulatory systems. It concludes with an innovative suggestion integrating ideas from ecological economic systems with both new and traditional regulatory solutions.
Original languageEnglish
Pages (from-to)1-56
Number of pages56
JournalUC Davis Business Law Journal
Volume17
Issue number1
Publication statusPublished - 2016

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public law
social costs
social responsibility
sociology of law
social law
ecological system
system theory
economic system
examination
Law
lack
costs

Cite this

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title = "Private and Public Corporate Regulatory Systems: Does CSR Provide a Systemic Alternative to Public Law?",
abstract = "CSR (Corporate Social Responsibility) is an increasingly important area of corporate and legal concern. In addition to problems defining the meaning of the term and understanding its implications, there is a lack of understanding about how it can, does, and should interact with law. This paper answers this gap using a method used in the sociology of law: systems theory. The paper argues that CSR can be understood as a response to social costs and law's apparent failure to curb those costs. It focuses the examination on social costs generated by large industrial organizations and how they are regulated by public and private regulatory systems. It concludes with an innovative suggestion integrating ideas from ecological economic systems with both new and traditional regulatory solutions.",
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AB - CSR (Corporate Social Responsibility) is an increasingly important area of corporate and legal concern. In addition to problems defining the meaning of the term and understanding its implications, there is a lack of understanding about how it can, does, and should interact with law. This paper answers this gap using a method used in the sociology of law: systems theory. The paper argues that CSR can be understood as a response to social costs and law's apparent failure to curb those costs. It focuses the examination on social costs generated by large industrial organizations and how they are regulated by public and private regulatory systems. It concludes with an innovative suggestion integrating ideas from ecological economic systems with both new and traditional regulatory solutions.

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