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46 - Social Enterprise Law

Friend or Foe to Corporate Sustainability?

from Part IV - Potential Drivers for Change

Published online by Cambridge University Press:  25 November 2019

Beate Sjåfjell
Affiliation:
Universitetet i Oslo
Christopher M. Bruner
Affiliation:
University of Georgia
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Summary

The international emergence of alternative corporate forms and certifications has given credence to a new strain of law developing within the corporate sustainability movement, known as social enterprise law. What are some of the trade-offs that accompany such laws? Upon canvassing the development of social enterprise lawmaking initiatives worldwide, two preliminary observations arise. First, the majority of social enterprise laws, particularly in Europe and Asia, are designed to address the targeted needs of special and/or marginalized populations. The miniscule number of these businesses formed to date suggests that concerns over the shrinking of public goods and services remain largely theoretical. Second, U.S. benefit corporation laws may only strengthen erroneous beliefs on existing corporate law and governance – thus creating impediments to broad-scale sustainability change. The aggressive pursuit of a global market by private U.S. entrepreneurs behind the B Corporation certification and benefit corporation laws contrasts starkly with state-led initiatives.

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Publisher: Cambridge University Press
Print publication year: 2019

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