Social Reporting: A Reflexive Law Approach to Corporate Social Responsiveness

摘要: 1. INTRODUCTION We will soon be upon the twenty-fifth anniversary of publication Christopher D. Stone's Where Law Ends: The Social Control Corporate Behavior.3 This book cogently presents many problems traditional legal mechanisms have in controlling irresponsible behavior corporations.4 Stone identified, however, still not been adequately addressed by our current regulatory system. 5 Before we can correct this failure, debate over how to control corporate must move beyond dichotomous choice between omnipresent state regulation and a laissezfaire system.6 As shown arguments for "responsive regulation" "collaborative governance," among others,7 there is need for, an increasing movement towards, being more experimental flexible finding what system works best achieve desired outcome. Article argues use reflexive law approach govern corporations. Recent advances theory developed idea as viable alternative choices regulation.8 Professor Eric Orts describes that recognizes limited ability complex society direct social change effective manner.9 Instead trying suppress complexity diversity through extensive regulation, aims guide promote self-regulation. 10 "reflexive" it encourages corporations constantly re-examine their practices reform those based on most information.11 To behavior, necessary accounting, auditing, reporting, collectively referred here reporting. A report is, brief, "[a] means assessing impact ethical organization relation its stakeholders. Stakeholders include all individuals groups who are affected by, or affect, organization." 12 In ways, similar financial audit, but concerns company's performance. However, disclosure only part story-though very important part-and whole story. reporting focuses institutionalizing responsible decision-making within thereby sharing with regulated entity. An issue avoided until now why should government regulations require care about performance? simple answer question society, particular marketplace, expects demands it. 13 recent survey found ninety-five percent Americans disagreed view responsibility business increase profits.14 Other evidence cares performance abundant. any bookstore you find books companies work America15 guides socially shopping. 16 Popular magazines newspapers regularly 17 Shareholders frequently submit proposals wide variety issues, rule changes SEC broadened range shareholders may submit.18 Perhaps striking success "socially screened" investment portfolios.19 Approximately nine professionally managed investments United States ($1.2 trillion) screened certain factors.20 Society has also concern numerous consumer boycotts companies' products services due records matters such environment, animal rights, human rights.21 Nike others recently come under enormous pressure rethink treatment labor several Asian countries. …