This chapter reflects on where the distinction might lie between the not-for-profit sector and government. Drawing on legal and social history reaching back to mediaeval England, the chapter makes the important point that the not-for-profit sector cannot be distinguished from government based on the nature of the purposes that are pursued within it; rather, the distinction must lie in the voluntary means by which not-for-profits organize and operate and the coercive means by which government does so. The chapter then turns to the intellectual history of the idea of civil society, and develops an argument that government, as a form of association, ought to choose the scope of its operations with sensitivity to the ways in which smaller, more local, associations may do a better job. Finally, the chapter considers the complexities that unsettle the distinction between the not-for-profit sector and government where not-for-profit organizations are controlled financially and in other ways by government.
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Benjamin M Leff
This chapter reviews the boundary between not-for-profits and the commercial sector. It argues that we ought to evaluate the legal treatment of the boundary with not only the tax concessions afforded to not-for-profits in view, but also the value associated with the not-for-profit brand. Thus, the chapter observes that when thinking about new legal forms enabling social enterprise, we should assess the risk that such forms might generate confusion in relation to the boundary between commercial and not-for-profit spheres. Confusion seems especially likely in circumstances where social enterprise forms are largely beyond the regulatory scrutiny of the state, circumstances that obtain in relation to Benefit Corporations and Social Purpose Corporations in the United States.
Jill Kickul, Lisa Gundry, Jacqueline Orr and Mark Griffiths
Social Entrepreneurship is an emerging and rapidly changing field that examines the practice of identifying, starting and growing successful mission-driven for-profit and nonprofit ventures, that is, organizations that strive to advance social change through innovative solutions. For educators teaching in this field, we advocate for a Design Thinking approach that can be integrated into social entrepreneurship education. Specifically, we believe that many of the Design Thinking principles are especially suitable and useful for educators to facilitate student learning as they create and incubate social ventures. We also advance a broader conceptual framework, which we describe as the four main “mega-themes” in social entrepreneurship education, namely innovation, impact, sustainability and scale. We offer ways in which the Design Thinking steps can be integrated and applied to each of these themes and accelerate the social venture creation process. We conclude by discussing and presenting how Design Thinking can complement an overall Systems Thinking perspective.
Justice Brian Preston, Paul Martin and Amanda Kennedy
Good governance is essential for achieving ecologically sustainable development. Sustainable development includes a cluster of principles, including the precautionary principle. All branches of government play a role in ensuring good governance, both individually and synergistically. The judiciary has an important role in promoting ecologically sustainable development, especially through the implementation of the precautionary principle in environmental cases. However, their capacity tends to be under-appreciated, partly due to an unjustified focus on the political aspects of government but also because of institutional factors that impede the judiciary in fully performing its role and hence in promoting and implementing the precautionary principle (along with other aspects of good governance). This chapter examines these impediments. Focusing particularly on the Australian state of New South Wales, home to a specialist Land and Environment Court, we use a systems approach to identify the factors that impede the effectiveness of the court in implementing the precautionary principle for environmental protection. We consider what the court might do to improve effectiveness, including mechanisms involving the executive and judicial fields of activity, institutional reform and integration of ideas. Despite increasingly sophisticated governance arrangements, Australia’s natural environment continues to deteriorate, a problem that is not unique to Australia. The failures of implementation of legal governance have been highlighted in the Rio+20 communique, by the IUCN and by the Chief of Staff of the Secretary General of the Organization of American States, who has referred to the implementation of international environmental agreements as ‘the greatest challenge of our century’. Scholars’ and citizens’ expectations that the judiciary can ensure the proper implementation of environmental laws may not always be realistic. In this chapter, we explore systemic factors that constrain the judiciary of a state or nation in ensuring the implementation of environmental laws (which may be based in international environmental agreements or rules), and suggest directions to optimize this role.
Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito
For decades, consumer law has been the stepchild of the legal discipline, neither public nor private law, not classic but postmodern, not ‘legal enough’, ‘too political’, in short, a discipline at the margins, suffering from the haut goût and striving to change society through law for the ‘better’. Just like Atreyu, Frodo Baggins, Luke Skywalker, the Ghostbusters, Naruto Uzumaki, Dreamworks’ dragon trainer, and many others, consumer law is the underdog carrying the burden of saving the day. Times are changing. We are perhaps reaching the point at which the world comes to understand the real value of consumer law in a society that is dominated by and dependent on private consumption. Publishing houses and ever more numerous researchers from public and private law perspectives, working on national, European and international law are getting into what is no longer a new legal field. Now the time is ripe for a whole Handbook on Consumer Law Research which brings methodology to the fore. This first chapter pursues three aims: first, to embed consumer law research into the overall development of legal research since the rise of consumer law in the 1960s; secondly, to explain our choice to focus on the behavioural turn in consumer law research and present the range of contributions in this volume that engage with the upcoming strand of research; and thirdly, to explore how the recent attention to behavioural insights can be combined with a pre-existing body of doctrinal research and social legal research in consumer law, and outline avenues for further research.
Michael L. Barnett
When discussing the business case for corporate social responsibility in the classroom, I often start by showing contrasting clips from the movie Other People’s Money , which is about a hostile takeover of a struggling firm called New England Wire and Cable. I first show a speech by the firm’s chairman, ‘Jorgy’ Jorgeson. Played by Gregory Peck, Jorgy is quite adept at making an impassioned plea to stockholders, imploring them to stick with the company rather than sell to ‘Larry the Liquidator’ Garfield who, true to his nickname, seeks to liquidate the firm. Then it’s Larry’s turn, wherein Danny DeVito channels his inner (not so much outer) Gordon Gecko in arguing that shareholders should embrace their good ol’ greed: ‘And lest we forget, that’s the only reason any of you became stockholders in the first place. You want to make money! You don’t care if they manufacture wire and cable, fried chicken, or grow tangerines! You want to make money!’
Yussuf Aleem and Jacob Slowik
We present ideas about how to sustain a new firm well into the future. Sustainability is often overlooked when all eyes are on handling cases and growing a new business, but if it is ignored, all the time, money, hopes, and work you’ve invested in your venture can be brought down fairly quickly. These will be the principles and practices of nurturing the long-term health of your new firm.
This chapter explores business education’s past, current, and the future in order to shed a light on the education revolution and the role of entrepreneurship in education. It is posited in this essay that both play a significant role in helping our society transform from an inequality to the equality-oriented structure. Education is not only the mean to transform a society from one stage of economic development to another, but also an important driver of our humanity and civilization development.
Michael L. Barnett
Do firms benefit from their voluntary efforts to alleviate the many problems confronting society? A vast literature establishing a “business case” for corporate social responsibility (CSR) appears to find that usually they do. However, as argued herein, the business case literature has established only that firms usually benefit from responding to the demands of their primary stakeholders. The nature of the relationship between the interests of business and those of broader society, beyond a subset of powerful primary stakeholders, remains an open question despite this vast literature
Michael L. Barnett
Oh, I hear you: ‘Barnett, what are you trying to pull here? Isn’t this just a collection of reprints?’ Sure, the bulk of the book consists of reprints. But if you’ll allow me to explain, there’s much more to it than that. And besides, there’s merit in reprints. In this book, I put forth a critical view of the business case for corporate social responsibility.