This article looks into the process of searching for new forms of legitimacy among firms through corporate discourse. Through the analysis of annual sustainability reports, we have determined the existence of three types of rhetoric: (1) strategic (embedded in the scientific-economic paradigm); (2) institutional (based on the fundamental constructs of Corporate Social Responsibility theories); and (3) dialectic (which aims at improving the discursive quality between the corporations and their stakeholders). Each one of these refers to a different form of legitimacy (...) and is based on distinct theories of the firm analyzed in this article. We claim that dialectic rhetoric seems to signal a new understanding of the firm's role in society and a search for moral legitimation. However, this new form of rhetoric is still fairly uncommon although its use is growing. Combining theory and business examples, this article may help managers and researchers in the conceptualization of how firms make sense of their role in society and what forms of differentiation they strive for through their rhetoric strategies. (shrink)

ABSTRACTThis article reports a case study of how organizational antecedents, specifically leadership choices, decisions, culture, and organizational learning, impact and construct the corporate social responsibility initiatives of a Canadian mid‐tier mining firm operating in Ghana. The primary objective of the article is to demonstrate, through an in‐depth study of a single case, that organizational‐ and firm‐level antecedents are a powerful tool for understanding how ethical, socially responsible, and community‐relevant behaviors of a mining firm in a developing area come to be (...) constructed. The article thus contributes to the conceptual and applied literatures on CSR by suggesting that much as the voice of moral suasion, advocacy, and critical censure have been important motive forces behind CSR efforts, it seems that the sustainability and community relevance of CSR efforts are linked to identifiable internal response mechanisms that dispose or enable firms to behave in responsible ways. (shrink)

This Article examines normative arguments for legal pluralism in regulation. First I briefly set out what we know in fact about how plural regulatory orderings interact and compete with state agency regulatory action. Second, I sketch, and reject, a simple legal pluralist response to regulatory pluralism. In the third part of the Article I show that "responsive" and "reflexive" approaches to intentional pluralization in the design of law should be seen as providing different but complementary pictures of pluralized law. Finally (...) I argue that this pluralized view of law might provide us with the conceptual tools to identify a type of emergent, pluralistic law, without or beyond the state, which would be relevant to thinking about both transnational regulation and multiculturalism. (shrink)

This research engages with the problem of company-community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the "process" aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company-community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then "mechanisms-inpractice" must be better understood and constructively critiqued along all justice dimensions. (shrink)

This research engages with the problem of company–community conflict in mining. The inequitable distributions of risks, impacts, and benefits are key drivers of resource conflicts and are likely to remain at the forefront of mining-related research and advocacy. Procedural and interactional forms of justice therefore lie at the very heart of some of the real and ongoing challenges in mining, including: intractable local-level conflict; emerging global norms and performance standards; and ever-increasing expectations for the industry to translate high-level corporate social (...) responsibility policy into on-the-ground practice. This research focuses on the “process” aspects of resource conflicts through an examination of existing grievance-handling procedures at six mining operations where company–community conflict was present. In their current form, and on their own, the six mechanisms were found to be insufficient in their capacity to advance justice. The authors argue that if the overall objective of global norms is that companies construct and perform grievance handling in ways that strongly preference just practices, then “mechanisms-in-practice” must be better understood and constructively critiqued along all justice dimensions. (shrink)

Explains both the disaster and the decisions that led up to it and argues that for the future the emphasis needs to be on prevention and that risk-management policies be based on better understandings of humans and hardware.