多言必失:道德准则是在促进企业责任还是提供法律盾牌?

In the Multitude of Words, Sin is Not Lacking: Are Codes of Ethics Promoting Corporate Responsibility or Providing Legal Shields?

BUSINESS & SOCIETY · 2024
被引 4
人大 A-ABS 3

中文导读

研究分析财富500强企业道德准则的语言选择,发现行为导向准则减少ESG问题但增加集体诉讼,法律导向准则相反,混合策略诉讼率最低,为企业优化道德准则提供指导。

Abstract

In the wake of corporate governance scandals, questions arise about the effectiveness and intent of corporate ethical codes: Are they genuine governance mechanisms to enhance corporate responsibility, or are they mere shields against legal risks? This study delves into the linguistic choices within ethical codes, positing that these choices serve as communication devices that articulate a firm’s institutional logic. We use stakeholder theory to differentiate between code language that is governed by instrumental (legal-oriented) or normative (behavior-oriented) logic. Upon analyzing the lexicon of Fortune 500 corporate codes, our findings reveal that behavior-oriented codes are associated with a decrease in the number of environmental, social, and governance (ESG) issues. Yet, they correspond to an increase in class action lawsuits. By contrast, legal-oriented codes are linked to an increase in ESG issues but to reduced legal litigation. Notably, firms that blend approaches from both logics experience lower litigation rates. These findings enrich the discourse on stakeholder theory and provide practical guidance for organizations aiming to refine their ethical codes. This refinement seeks to enhance ethical behavior and mitigate corporate risks.

企业伦理公司治理企业社会责任法律经济学