Reflexive Law and Corporate Social Responsibility (CSR): A Strategic Alliance for Development?
International Academy of African Business 8th Annual Conference, 2007
Posted: 12 Jul 2007
Date Written: 2007
While conceding that CSR has the potential to address the fallouts from Corporate Capitalism, this paper argues that rather than the suspicion of law and regulation that have tended to shape the debate and the voluntarism that has dominated the discourse, a proper understanding of the role of law could remove most of the fuzziness that have dogged the concept. The paper posits that approaching CSR from the perspective of reflexive law could breach the gap between CSR and law in a constructive way by recognising and appropriating the potentials of other norm generating subsystems especially in the African context. The approach would recognise and appropriate the potentials of the global civil society, international institutions and the business community; refine the construction of the role of business in the society; define key concepts and from this understanding develop a better framework for optimising the potentials of CSR in the context of the countries of the south. To illustrate this idea the paper draws from the use of Memorandum of Understanding as CSR strategy in Nigeria, The Extractive Industries Transparency Initiative and the UN Global Compact.
Keywords: Reflexive law, corporate social responsibility, law
JEL Classification: K19, K20, K33
Suggested Citation: Suggested Citation