The corporate social responsibility movement and law's empire: Is there a conflict?

At the heart of corporate governance and social responsibility discourse is recognition of the fact that the modern corporation is primarily governed by the profit maximisation imperative coupled with moral and ethical concerns that such a limited imperative drives the actions of large and wealthy corporations which have the ability to act in influential and significant ways, shaping how our social world is experienced. The actions of the corporation and its management will have a wide sphere of impact over all of its stakeholders whether these are employees, shareholders, consumers or the community in which the corporation is located. As globalisation has become central to the way we think it is also clear that ‘community’ has an ever expanding meaning which may include workers and communities living very far away from Corporate HQ. In recent years academic commentators have become increasingly concerned about the emphasis on what can be called short-term profit maximisation and the perception that this extremist interpretation of the profit imperative results in morally and ethically unacceptable outcomes.1 Hence demands for more corporate social responsibility. Following Cadbury’s2 classification of corporate social responsibility into three distinct areas, this paper will argue that once the legally regulated tier is left aside corporate responsibility can become so nebulous as to be relatively meaningless. The argument is not that corporations should not be required to act in socially responsible ways but that unless supported by regulation, which either demands high standards, or at the very least incentivises the attainment of such standards such initiatives are doomed to failure. The paper will illustrate by reference to various chosen cases that law’s discourse has already signposted ways to consider and resolve corporate governance problems in the broader social responsibility context.3 It will also illustrate how corporate responsibility can and must be supported by legal measures. Secondly, this paper will consider the potential conflict between an emphasis on corporate social responsibility and the regulatory approach.4 Finally, this paper will place the current interest in corporate social responsibility within the broader debate on the relationship between law and non-legally enforceable norms and will present some reflections on the norm debate arising from this consideration of the CSR movement.

Thomas Davis's education policies: theory and practice

This thesis explores the education policies of Thomas Davis. On the eve of the Great Famine Ireland was economically impoverished and politically dependent. The Irish people had a subservient mentality, were mainly uneducated and were unaware of their potential. He believed that education would develop a self-reliant, self-sufficient people; it would create a new generation of leaders and citizens necessary to transform Ireland into a prosperous, independent nation. This thesis explores his education philosophy which was political in orientation; he called for reform of university education so that it would educate leaders who were knowledgeable, patriotic and responsible. He formulated a curriculum which consisted of knowledge that would have direct use and application in public life; his curriculum included moral philosophy, oratory, philological studies and history. His contribution to the debate on the Queens Colleges bill, 1845, is explored including his public disagreement with Daniel O’Connell on the principle of multi-denominational education. This work also examines his policies on learning methodologies and teaching methods. It provides details of his thoughts on learning by experience, by observation, book learning and learning in the home. It focuses on the deficiencies evident in the system of teaching and learning that operated in Trinity College Dublin and it provides an analysis of his preferred method of instruction: Lyceum teaching. This thesis also explores his national curriculum in history and Irish culture which was designed to forge a sense of national identity, to win support for repeal and to develop the principle of nationality. He formulated a national curriculum to counteract the absence of national knowledge in the state schools, to provide the people with a positive self-image and ultimately to empower them to reclaim Ireland and to develop it. Davis knew the power of education and he used it as an instrument of political and social change.

Profits and patriotism: Nicholas Weston, Old English merchants, and Ireland’s Nine Years’ War, 1594–1603

Ireland’s Old English merchants, and especially those of the Pale, provided the English crown with vital material supplies, finance and intelligence throughout the Nine Years’ War (1594–1603). Yet, surviving official correspondence criticised the mercantile community for providing weak support and accused its members of favouring the queen’s Irish enemies. The reality was that they did both, but their reasons for doing so were complicated. Too often described as a homogenous group, Old English merchants did not all share the same economic ambitions, political views or faith. Examining the specific actions of certain individuals alongside those of the wider community provides a fresh angle on the conflict and sheds new light on the role of Old English merchants.

James Fitzpiers Fitzgerald, Captain Thomas Lee, and the problem of ‘secret traitors’: conflicted loyalties during the Nine Years’ War, 1594-1603

Existing evidence pertaining to Ireland’s Nine Years’ War (1594–1603) strongly lends itself to the impression that the majority of Old English Palesmen, at least those of higher social status, chose to support the English crown during this conflict rather than their co-religionist Gaelic Irish countrymen. Loyalties, however, were anything but straightforward and could depend on any number of cultural values, social concerns, and economic incentives. Nevertheless, James Fitzpiers Fitzgerald, a ‘Bastard Geraldine’ who served as sheriff of Kildare, seemed to have been driven by a genuine sense of duty to the English crown and establishment. With the outbreak of hostilities in the 1590s, Fitzpiers proved to be a devout crown servitor, risking life and limb to confront the English queen’s Irish enemies. But, in late 1598 he suddenly, and somewhat inexplicably, threw his lot in with the Irish confederacy, defying the government he had once championed. During the ensuing investigation, the Dublin administration accumulated much damning evidence against Fitzpiers, including a patriotic plea from rebel leader Hugh O’Neill which urged Fitzpiers to defend his Irish homeland from the oppressions of English Protestant rule. Yet, at the very same time, a counter case was made by Fitzpiers’s controversial English friend, Captain Thomas Lee, which argued that Fitzpiers’s actions were more loyal than anyone could have imagined. Through an examination of Fitzpiers’s perplexing case, this paper will explore the complicated nature of allegiances in 1590s Ireland and how loyalties were not always what they seemed.