Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

Justice and the Politics of Difference

The Symbolic Construction of Community

Value Maximization, Stakeholder Theory, and the Corporate Objective Function

This thesis argues that corporations have outgrown the theoretical frameworks that were devised to explain their dynamics at the turn of the 20th century. Contemporary conditions result in crises of legitimacy between corporations and their public contexts. With their amplified scales of operation and wide-reaching physical, economic, political, and social consequences, corporations of the 21st century demand revised theoretical, legal, and pragmatic interpretations that are better suited to grappling with present-day dynamics and to addressing critical challenges. This research examines contemporary controversies between corporations and publics from a critical legal perspective. Analysis of corporate dynamics is informed by geographically oriented themes of space and scale, contingency and attribution, and materiality and risk as they bear relevance to theoretical and real enactments of the corporation. This thesis grounds its claims with reference to the Corporate Social Responsibility (CSR) discourse; taking advantage of its reach and popularity while maintaining enough distance to note its limitations and internal contradictions. This thesis finds that the present-day account of CSR is originated and advanced by an ideological orientation that is universalizing, materialist, positivist, formalist and rationalist. Such an orientation is confronted and contested in this work by a more critical rationality that is concerned with power dynamics, as well as questions of agency and self-determination. This rationality is elaborated through four empirical chapters which find that: 1) appeals to a CSR agenda as an effective mechanism for addressing the corporation’s public impacts assumes the existence of a modern, liberal political context; 2) community ‘materiality’ presents an opportunity to bridge the notional public/private divide that is a core tenet of liberal theory; 3) the global corporation extends into plural territorialities and legal jurisdictions, and its public identity as interpreted through legal text sets the parameters for the accountability regimes devised to manage its impacts 4) pragmatist and aspirational legal agendas might be coordinated to advance issue-focused as well as case-based corporate liability reform. This work advances an account of the corporate-public relationship that carries relevance to a range of actors; corporations, public communities, policy makers and legal scholars. Each group has an integral part to play in addressing the challenges presented by the modern corporate arrangement and devising regimes that contain its public implications.

Aisha Saad

Papers

Contesting corporate social responsibility: public challenges to the modern corporation in the 21st Century