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The Hope and Limits of Legal Optimism: A Comment on the Theories of Orts and Nesteruk Regarding the Impact of Law on Corporate Ethics

Published online by Cambridge University Press:  23 January 2015

David Hoch  and
J. Brooke Hamilton III
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Abstract:

Joining the dialogue on the relationship between the law and business ethics, Jeffrey Nesteruk and Eric W. Orts have offered conceptions of the law as a positive influence rather than a negative curb on corporate behavior. While these “legal optimists” pursue a noble end in promoting higher ethical standards for corporations through the law, they may be overly optimistic in their suggestion that these more skillfully wielded legal models will influence corporate behavior for the better. Reviewing the basic tenets of their two approaches, this paper uses corporate responses to environmental statutes to suggest that while legal optimism may offer hope for promoting corporate ethics, it has definite limitations in its current stage of development.

Type
Response Articles
Information
Business Ethics Quarterly , Volume 9 , Issue 4 , October 1999 , pp. 677 - 688
Copyright
Copyright © Society for Business Ethics 1999

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References

Brown v. Board of Education, 347 U.S. 483 (1954).Google Scholar
Coase, Ronald H. 1960. “The Problem of Social Cost.” Journal of Law and Economics 3: 1–44.CrossRefGoogle Scholar
Defenders of Wildlife. 1998. “Frayed Safety Nets: Conservation Planning Under the Endangered Species Act.” Washington, D.C.: Defenders of Wildlife.Google Scholar
Durbin, Kathie. 1995. “The ‘Timber Salvage’ Scam: Tired of those Pesky Environmental Laws? Call Congress for Quick Relief.” The Amicus Journal 17, no. 3: 29–31.Google Scholar
Ellickson, Robert. 1991 and 1994. Order Without Law: How Neighbors Settle Disputes. Cambridge: Harvard University Press.Google Scholar
Endangered Species Act of 1973, as amended; P.L. 93-205, 87 Stat. 884, 16 U.S.C. 1531 et seq. Emergency Supplemental Appropriations for Additional Disaster Assistance, for Anti-Terrorism Initiatives, for Assistance in the Recovery From the Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995, P.L. 104-119, 109 Stat. 194, Approved July 22, 1995.Google Scholar
European Council Regulation 1836/93, art. 1(2), 1993 O.J. (L 168) 1,2. Freeman, R. Edward. 1984. Strategic Management: A Stakeholder Approach. Boston: Pitman.Google Scholar
Friedman, Milton. 1970. “The Social Responsibility of Business is to Increase Its Profits.” New York Times Magazine, September 13, 1970, p. 33.Google Scholar
Hamilton, J. B. III and Hoch, D. 1997. “Ethical Standards for Business Lobbying: Some Practical Suggestions.” Business Ethics Quarterly 7, no. 3: 117–129.CrossRefGoogle Scholar
House Resolution 2351. Endangered Species Recovery Act of 1997, Cong. George, Miller (D. Cal.), 105th Cong., 1st Session.Google Scholar
Leopold, Aldo. 1949. A Sand County Almanac. New York: Oxford University Press.Google Scholar
National Environmental Policy Act of 1969, P.L. 91-190, 42 U.S.C. 4321 et seq. Nesteruk, Jeffrey.Google Scholar
1995. “Law and Virtues: Developing a Legal Theory for Business Ethics.” Business Ethics Quarterly 5, no. 2: 361–369.Google Scholar
Nesteruk, Jeffrey. 1996a. “Law, Virtue, and the Corporation.” American Business Law Journal 33, no. 3: 473–487.CrossRefGoogle Scholar
Nesteruk, Jeffrey. 1996b. “The Moral Dynamics of Law in Business.” American Business Law Journal 34, no. 2: 133–140.CrossRefGoogle Scholar
Orts, Eric W. 1992. “Beyond Shareholders: Interpreting Corporate Constituency Statutes.” The George Washington Law Review 61: 14–135.Google Scholar
Orts, Eric W. 1995a. “A Reflexive Model of Environmental Regulation.” Business Ethics Quarterly 5, no. 4: 779–794.CrossRefGoogle Scholar
Orts, Eric W. 1995b. “Reflexive Environmental Law.” Northwestern University Law Review 89: 1227–1340.Google Scholar
Radin, Margaret J. 1987. “Market-Inalienability.” Harvard Law Review 100: 1849–1937. Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989).CrossRefGoogle Scholar
Rosen, Jeffrey. 1997. “The Next Crimebuster: the Social Police. Following the Law Because You’d be too Embarrassed not to.” The New Yorker, October 20 and 27, pp. 170–181.Google Scholar
Senate, Bill 1180. Endangered Species Recovery Act of 1997, Sen. Dirk, Kempthorne (R-Idaho), et.al., 105th Cong., 1st Session.Google Scholar
Sax, Joseph L. 1973. “The Unhappy Truth About NEPA,” Oklahoma Law Review 26: 239.Google Scholar
Smith, J. Andy III. 1993. “The CERES Principles: A Voluntary Code for Corporate Environmental Responsibility.” Yale Journal of International Law 18: 307–17.Google Scholar
Solomon, Robert C. 1993. Ethics and Excellence: Cooperation and Integrity in Business. Oxford: Oxford University Press.Google Scholar
Stewart, Richard B. 1986. “Reconstitutive Law.” Maryland Law Review 46: 86–114.Google Scholar
Stone, Christopher D. 1975. Where the Law Ends: The Social Control of Corporate Behavior. New York: Harper and Row.Google Scholar
Stone, Christopher D. 1993. The Gnat is Older Than Man: Global Environment and Human Agenda. Princeton, N.J.: Princeton University Press.CrossRefGoogle Scholar
Voluntary Environmental Self-Policing and Self-Disclosing Interim Policy Statement, 60 Federal Register 16,875 (1995).Google Scholar