Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Academic
: Legal Theory BlogSinger on Corporate Responsibility
By Lawrence Solum
Joseph William Singer (Harvard Law School) has posted Corporate Responsibility in a Free and Democratic Society (Case Western Reserve Law Review, Vol. 58, 2009) on SSRN. Here is the abstract:
Do corporations have any social responsibilities? Those who have argued both sides of this debate have failed to focus their attention sufficiently on the common law rules governing market relations, especially the law of torts, contracts, and property. This article argues that these three foundational legal institutions are all premised on a fundamental obligation of attentiveness. Actors are obligated to attend to the likely consequences of their actions on others and refrain from actions that impose unreasonable risks of harm or which impose harms that individuals are entitled to be protected against. If this is so, then the argument that corporations cannot reasonably respond to vague duties of social responsibility becomes less powerful, given the pervasive duties of all market actors to consider whether they could justify their harm-producing conduct to an impartial decision maker - in other words, whether they could explain their actions as reasonable. We want clear rules to give us guidelines about what we are and are not allowed to do. But we also want a fuzzy edge of substantive standards to induce us to think before we act - to be attentive to the ways in which our actions affect others. Such fuzzy edges create appropriate incentives to think about the effects of one's actions on others and to consider the judgments that others would make about the justice or appropriateness of our own conduct, given the impact it will have on others who, after all, have equal rights. And we care so much about this that we have enshrined it in the basic law governing the market system.
Full post as published by Legal Theory Blog on October 08, 2008 (boomark / email).
DLP
Ohio State to Receive $42 Million in Corporate Taxes Settlement

Corporate Social Responsibility and Environmental Protection
Hofstra prof's Aristotelian take on property
A United Nations Proposal Defining Corporate Social Responsibility For Human Rights
IMMIGRANT OF THE DAY: DUFFY - SINGER
Beijing Olympics: Corporate Sponsors Risk Black Eye
Two from Wells on Anti-duelling and the history of Corporate Social Responsibility









