Tuesday, January 7, 2020

Legal Framework Of The Making Csr Issue Of Law Or...

CHAPTER THREE LEGAL FRAMEWORK IN THE MAKING CSR: Issue of Law or Morality There has been a long drawn out debate on whether CSR should be catered for by law or one that should be left to individuals and organisations morality. Law, a coercive order, seeks to bring about a specific mode of human conduct by force, whereas morality which is a persuasive system appeals to the conscience of the individual required. A rule is a rule of morality if by common practice of the community, it applies only to the conscience of the addressee for ultimate compliance, but a rule is a rule of law if by the common practice of the community it will eventually be enforced by a power external to the addressee, i.e. the state or community. The extent to which law can be used to enforce morals has been the subject of expression in some decided cases. In England, Lord Denning in Shaw v. D.P.P. (1962) A.C P.220 advocated the view that the society reserves the right to use criminal law to preserve morality in the same way as the society uses criminal law to preserve anything it con siders essential for its survival. Prof Hart in Knuller v. D.P.P. (1973) A.C. P.435, on his part suggested that that it was wrongful to enforce morality through the criminal law without first ensuring that failure to do so will endanger the social fabrics. Notwithstanding the divergent views, both writers agree that moral values are very important to the society and that there is need for law to uphold some moral positionShow MoreRelatedLegal Framework Of The Making : Csr : Issue Of Law Or Morality Essay5174 Words   |  21 PagesLegal framework in the making CSR: Issue of Law or Morality There has been a long drawn out debate on whether CSR should be catered for by law or one that should be left to individuals and organisations’ notion of morality. 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For e.g., one huge meat processor had to respond to a federal indictment charging it with smuggling Legal Framework Of The Making Csr Issue Of Law Or... Legal framework in the making CSR: Issue of Law or Morality There has been a long drawn out debate on whether CSR should be catered for by law or one that should be left to individuals and organisations’ notion of morality. Law, a coercive order, seeks to bring about a specific mode of human conduct by force, whereas morality which is a persuasive system appeals to the conscience of the individual required. A rule is a one of morality if by common practice of the community, it applies only to the conscience of the addressee for ultimate compliance, but a rule is a one of law if by the common practice of the community it will eventually be enforced by a power external to the addressee, i.e. the state or community. The extent to which law can be used to enforce morals has been the subject of expression in some decided cases. In England, Lord Denning in Shaw v D.P.P. (1962) A.C P.220 advocated the view that the society reserves the right to use criminal law to preserve morality in the same way as the society uses criminal law to preserve anything it considers essential for its survival . Prof Hart in Knuller v. D.P.P. (1973) A.C. P.435, on his part suggested that that it was wrong to enforce morality through the criminal law without first ensuring that failure to do so will endanger the social fabrics . Their divergent views aside, both writers agree that moral values are very important to the society and that there is need for law to uphold some moral position in the societyShow MoreRelatedLegal Framework Of The Making : Csr : Issue Of Law Or Morality Essay4497 Words   |  18 PagesCHAPTER THREE LEGAL FRAMEWORK IN THE MAKING CSR: Issue of Law or Morality There has been a long drawn out debate on whether CSR should be catered for by law or one that should be left to individuals and organisations morality. Law, a coercive order, seeks to bring about a specific mode of human conduct by force, whereas morality which is a persuasive system appeals to the conscience of the individual required. A rule is a rule of morality if by common practice of the community, it applies only toRead MoreCorporate Social Responsibility : Csr1680 Words   |  7 PagesCorporate social responsibility, or CSR, is becoming increasingly important in the framework of modern businesses. Many companies do not place an emphasis on CSR because they are unaware of the range of benefits it can bring. Throughout this essay I will discuss the importance of corporate social responsibility by assessing the rewards that certain avenues of CSR conduct can bring to companies and how lacklustre attempts to do so can reflect poorly on the CSR field as a whole, resorting to que stioningRead MoreNiger Delta Development Commission ( Nddc ) Act 2000 Essay7301 Words   |  30 Pagesin this direction, . In addition to those already mentioned, there are various laws in place to reinforce responsible behaviour and protect the environment. As Frynas states, the several areas of Nigerian law which impact on the operations of MNCs in varying degrees include; company law, human rights law, criminal law, tort law, labour law and anti-corruption laws . However, most of the provisions of the existing laws most especially on environmental protection are not adequate in safeguarding theRead MoreThe Ethical Standards Of Corporate Social Responsibility1126 Words   |  5 PagesCorporate Social Responsibility Corporate social responsibility (CSR) suggests that businesses and corporations are more than just profit-making entities. Considered members of the global society by definition of CSR, corporations are responsible for ensuring their business practices benefit society as a whole (Fallon, 2015). The corporate social responsibilities are typically grouped into four different categories; economic responsibility, legal responsibility, ethical responsibility, and philanthropicRead MoreThe Niger Delta Region Of Nigeria Essay10130 Words   |  41 PagesNigeria by undertaking increased corporate social responsibility(â€Å"CSR†) initiatives that provide for environmental friendly practices as well as direct social benefits such as local employment, new infrastructure, schools and improved health care delivery. In addition, the Nigerian regulatory measures enforcing the adoption of codes and conduct of CSR policies by these companies, their reporting practices and interaction with le ading CSR institutions have either been non-existent or inadequately formulatedRead MoreThe Relationship Between Ethics and Corporate Social Responsibility2613 Words   |  11 Pagestheir business†. The objective of this essay is to analyze the relationship between ethics and corporate social responsibility (CSR). It will start with the principle concept of ethics, business ethics, and corporate social responsibility; the important of ethics in CSR that corporations should comply with; and comparing the two case studies of corporations that adopted CSR and managerial ethics. Velasquez et al. (1987) found that the meaning of ethics can be identified as two things. Firstly, theRead Moreâ€Å"Implicit† and â€Å"Explicit† Csr: a Conceptual Framework for a Comparative Understanding of Corporate Social Responsibility13330 Words   |  54 PagesAND â€Å"EXPLICIT† CSR: A CONCEPTUAL FRAMEWORK FOR A COMPARATIVE UNDERSTANDING OF CORPORATE SOCIAL RESPONSIBILITY DIRK MATTEN York University, Toronto JEREMY MOON University of Nottingham We address the question of how and why corporate social responsibility (CSR) differs among countries and how and why it changes. Applying two schools of thought in institutional theory, we conceptualize, first, the differences between CSR in the United States and Europe and, second, the recent rise of CSR in Europe. WeRead MoreBusiness Ethics and Csr in the Context of Samsung3278 Words   |  14 PagesBUSINESS ETHICS AND CSR IN THE CONTEXT OF SAMSUNG ELECTRONICS 1.0 Introduction In the 21st century of business, there are number of factors apart from the financial figures that play a vital role for the success story of the business corporations. These factors include the culture adopted by the business, philosophy of the management of the company, code of ethics and standards followed by business. The presence of all of these factors in the business’s ethical guidelines has a significantRead MoreBusiness Ethics in the United States3800 Words   |  15 Pagesï » ¿Abstract Business ethics are those professional and applied ethics that are applicable within an organizational framework. These ethics are related to all aspects of business functions. The functional aspects of business ethics are those related to marketing and sales, human resource management (HRM), financial reporting, legal and environmental compliance, manufacturing and supply chain management that includes ethical sourcing as well, and intellectual property. It was found that U.S businessesRead MoreHuman Resource Management: The Guardian of Ethics1724 Words   |  7 Pagesorganization. Ethics refers to â€Å"the principles of conduct governing individual or a group specifically, the standards for use to decide what our conduct should be. Making ethical decision always includes that are normative judgments and morality. Furthermore, â€Å"Ethics means making decision that represent what you stand for, not just what the laws are. But some behaviors are both illegal as well as unethica l. For e.g., one huge meat processor had to respond to a federal indictment charging it with smuggling

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