Scholars in management and economics widely share the assumption that business firms focus on profits only, while it is the task of the state system to provide public goods. In this view business firms are conceived of as economic actors, and governments and their state agencies are considered the only political actors. We suggest that, under the conditions of globalization, the strict division of labour between private business and nation-state governance does not hold any more. Many business firms have started to assume social and political responsibilities that go beyond legal requirements and fill the regulatory vacuum in global governance. Our review of the literature shows that there are a growing number of publications from various disciplines that propose a politicized concept of corporate social responsibility. We consider the implications of this new perspective for theorizing about the business firm, governance, and democracy.

https://www.springer.com/cda/content/document/cda_downloaddocument/9783834931795-c1.pdf?SGWID=0-0-45-1347110-p174325274

The New Political Role of Business in a Globalized World: A Review of a New Perspective on CSR and its Implications for the Firm, Governance, and Democracy

Accident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Scholarly writing on this branch of law traditionally has been concerned with examining the law for consistency with felt notions of right and duty. Since the 1960s, however, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behaviour. Steven Shavell's book is the definitive synthesis of research to date in this new field.

/pdf/economic-analysis-of-accident-law-3hwsy0d6cq.pdf

Economic Analysis of Accident Law

Legitimacy (or “the right to exercise power”) is now an established concept in criminological analysis, especially in relation to policing. Substantial empirical evidence shows the importance of legitimacy in securing law-abiding behavior and cooperation from citizens. Yet adequate theorization has lagged behind empirical evidence, and there has been a conflation of legitimacy with the cognate concepts of “trust” and of “obligation to obey the law.” By drawing on the work of Beetham (1991) and others (e.g., Bottoms and Tankebe, 2012), this study tests the hypothesis that the contents of the multiple dimensions of police legitimacy comprise procedural fairness, distributive fairness, lawfulness, and effectiveness. The study also investigates the relative influence of legitimacy and feelings of obligation on citizens’ willingness to cooperate with the police. Using data from London, the results substantiate the hypothesized dimensions of police legitimacy. In addition, legitimacy was found to exhibit both a direct influence on cooperation that is independent of obligation and an indirect influence that flows through people's felt obligations to obey the police. Implications for future research are discussed.

Viewing things differently: The dimensions of public perceptions of police legitimacy.

'An ancient and ever-altering constitution is like an old man who still wears with attached fondness clothes in the fashion of his youth: what you see of him is the same; what you do not see is wholly altered.' Walter Bagehot's The English Constitution (1867) is the best account of the history and working of the British political system ever written. As arguments raged in mid-Victorian Britain about giving the working man the vote, and democracies overseas were pitched into despotism and civil war, Bagehot took a long, cool look at the 'dignified' and 'efficient' elements which made the English system the envy of the world. His analysis of the monarchy, the role of the prime minister and cabinet, and comparisons with the American presidential system are astute and timeless, and pertinent to current discussions surrounding devolution and electoral reform.
Combining the wit and panache of a journalist with the wisdom of a man of letters steeped in evolutionary ideas and historical knowledge, Bagehot produced a book which is always thoughtful, often funny, and seldom dull. This edition reproduces Bagehot's original 1867 work in full, and introduces the reader to the dramatic political events that surrounded its publication.

The English Constitution

We discuss the role that transnational corporations (TNCs) should play in developing global governance, creating a framework of rules and regulations for the global economy. The central issue is whether TNCs should provide global rules and guarantee individual citizenship rights, or instead focus on maximizing profits. First, we describe the problems arising from the globalization process that affect the relationship between public rules and private firms. Next we consider the position of economic and management theories in relation to the social responsibility of the firm. We argue that instrumental stakeholder theory and business and society research can only partially solve the global governance issue, and that more recent concepts of corporate citizenship and republican business ethics deliver theoretically and practically helpful, fresh insights. However, even these need further development, especially with regard to the legitimacy of corporate political activity.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID959416_code721161.pdf?abstractid=959416&mirid=1&type=2

Global Rules and Private Actors - Towards a New Role of the Transnational Corporation in Global Governance

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. At the heart of this book lie two questions: what does it mean to say we are responsible? And, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.

Responsibility in law and morality

The Oxford handbook of legal studies

This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.

Controlling Administrative Power: An Historical Comparison

The Oxford Handbook of Empirical Legal Research

Since publication of the seventh edition of this seminal text, personal injury law has witnessed momentous changes. A major overhaul of the social security system began in 2012 and the Equality Act 2010 significantly modifies anti-discrimination law and its impact on the disabled. But perhaps the most important legal developments have affected the financing and conduct of personal injury claiming and the operation of the claims-management industry. This new edition takes account of all this activity while setting it into a wider and longer perspective. Complaints that Britain is a 'compensation culture' and that the tort system is out of control are explained and assessed and options for further change are explored. Through the turmoil and controversy, the tort system remains a central feature of the legal and social landscape. The book's enduring central argument for its radical reform remains as compelling as ever.

Peter Cane

Papers

Responsibility in law and morality

The Oxford handbook of legal studies

Controlling Administrative Power: An Historical Comparison

The Oxford Handbook of Empirical Legal Research

Atiyah's Accidents, Compensation and the Law