Sinding, Sharfman and Peck 4th CORE Conference 2009 AN ADDITION TO BOUNDARIES: CSR AND PUBLIC POLICY Knud Sinding University of Southern Denmark ksi@sam.sdu.dk Mark Sharfman University of Oklahoma Msharfman@ou.edu Philip Peck Lund University Philip.peck@iiiee.lu.se Abstract An important requirement for discussing any aspect of CSR in the context of public policy is the actual meaning of the CSR construct. This issue has never been settled, despite the publication of hundreds of scholarly efforts to do so. Indeed, we argue that part of the debate about the construct may be partly beside the point. Companies undertake actions that may or may not qualify as CSR under different definitions of what the construct means, firmly believing that they are being socially responsible. Similarly, policymakers take an interest because they may also be uncertain about the exact definition. For regulators, compliance is not identical with CSR, yet CSR may be a signal about compliance. Policymakers also base their interest on the possibility that companies that pursue some form of CSR may thereby develop competencies that make companies more competitive relative to firms that are not responsible. The emergence of public regulation somehow involving CSR creates both an additional boundary and affects the decisions of firms relative to the other identified boundaries. Whereas compliance with institutionalized norms for responsible behaviour have arguably been a matter of normative and mimetic processes, regulation, even if initially couched in terms of disclosure rather than specifically mandated action, introduces a distinct element of coercion into the CSR field. The notion that CSR can be an integral part of debates on globalisation and sustainable development essentially depends on a proper understanding of the meaning of the construct, especially its boundaries. With CSR defined as voluntary action this matter is neither internal to companies engaging in CSR nor external to them, but one that relates to the capacity of companies themselves to initiate and develop collective institutional frameworks. As a result, this paper uses its focus on institutional arrangements to examine the meaningfulness of any effort directed towards integrating CSR into policy at any level. Keywords: Corporate social responsibility, theory development, corporate social performance, public policy. 1 Sinding, Sharfman and Peck 4th CORE Conference 2009 Introduction In recent years much has been written on the broad topic of Corporate Social Responsibility. These writings are at times ambiguous and vague with respect to what exactly the term CSR means and how it relates to other important terms and concepts. Most notably we perceive shortcomings in the manner in which CSR is related in the extant literature to areas such as stakeholder management, corporate citizenship and sustainable development. Furthermore, much of the research published to date has been concerned with the possible link between firms engaging in so-called socially responsible behavior, as measured in terms of a metric for “Corporate Social Performance”(CSP) and the resulting financial benefit (Corporate Financial Performance or CFP). Indeed, as pointed out in one of several recent meta-analyses, the quest for the link between social performance and financial performance remains unfulfilled. “The imperfect nature of these studies makes research on the link between CSP and CFP self-perpetuating: each successive study promises a definitive conclusion, while also revealing the inevitable inadequacies of empirically tackling this question” (Margolis & Walsh, 2003). All of these fields of inquiry have their attendant literatures but two common threads seem to run through all of them. One thread is normative in character: Firms should attend to, support, give to, and listen to, the needs of stakeholders, especially those that are somehow disadvantaged. This view is perhaps most strongly associated with the work of R. Edward Freeman and related research (Freeman, 1984). The other thread is instrumental in character (Jones, 1995) and it goes back to the work of Milton Friedman (1970) and perhaps also to the question of separation of ownership and control (Berle and Means, 1932). This more instrumental view holds that, managers have neither the right, nor the ability to make 2 Sinding, Sharfman and Peck 4th CORE Conference 2009 decisions on the production of public goods (i.e. have their firms engage in socially responsible actions). As such, this school of thought holds that only such CSR activities that contribute to maximizing shareholder wealth are justified (Friedman 1970). No clear conclusion to the debate between the normative and instrumental views, or between the expansive vs. the narrow view (as the opposing views have been described by DeVinney (2009)) seems to be in sight. We suggest that a root cause of this lack of consensus between the two views stems from the lack of clear theoretical boundaries (see for example Dubin, 1978) for the CSR construct. In the end, the normative perspective would seem to imply that more CSR is always better while the instrumental view says CSR actions should only be promoted if they specifically advance the fortunes of the firm. If they do however, again “more is better.” We propose the idea that the Corporate Social Responsibility construct has a number of theoretical and practical boundaries or limits. In other words, even if managers wish to maximize CSR there are limits to their ability to do so. Some of these limits are a consequence of how “social” and “responsibility” are defined; others follow as a result of more practical considerations that stem from institutional, political economy (legal), strategic or individual difference considerations. The lack of attention to such limits or boundaries may also explain why the often purported benefits of CSR turn out to be ambiguous (DeVinney, 2009). In order to articulate the limits we begin by seeking to bound the CSR construct so that analysts can better understand and research it. We first examine the definition of social responsibility. In the succeeding sections we examine the boundaries to CSR as we perceive them. We argue that CSR is not a matter of a [single] continuum that stretches from minimal 3 Sinding, Sharfman and Peck 4th CORE Conference 2009 CSR level to increasingly more responsible behaviors, as suggested in a recent paper by Campbell (Campbell, 2007). Indeed, while Campbell discusses the minimum end, he does not discuss the “other” end or even suggest that an upper bound exists. In our view, CSR is more of a space, with multiple dimensions and a shape that is ever changing over time. The recent paper by Barnett (2007) on stakeholder influence capacity echoes this view to some extent. A note of caution is in order. The limits to CSR as we set them out in the following sections may not be exhaustive. They merely represent a beginning and many more may be added over time. They also represent an effort at clarification intended to help organizations, stakeholders and policymakers who are rightly bewildered by the complexity of the CSR issue. As we proceed beyond the discussion about the definition of CSR provided in the following section, we examine several sets of boundaries. First we address institutional boundaries in the sense that taken-for-granted ways of doing things are widely adopted as firms react to coercive, mimetic or normative influences (DiMaggio & Powell, 1983). Whatever the actual content of the “ways of doing things” such as being socially responsible, the existence of a shared expectation constitutes a set of boundaries; indeed one that is probably more varied than the idea of a minimum standard of accepted corporate behavior (Campbell, 2007). Second we seek insights from the political economy domain where a series of boundaries may also be identified, arising in part from the theoretical and empirical work of David Baron and colleagues (Baron, 2008; Baron, Harjoto, & Jo, 2008). The boundaries in this domain derive both from the incentives provided for managers to produce public goods and to engage in income redistribution, and the responsiveness to external pressure that firms so willing may lay themselves open to (as “soft targets”). The third set, strategic boundaries, may in part 4 Sinding, Sharfman and Peck 4th CORE Conference 2009 overlap with the political economy boundaries, again in the sense that pressure on “soft targets” and the attendant segmentation of markets into consumers willing to pay for social performance and consumers unwilling to do so, is a consequence of strategic decisions by firms to pursue investment in CSR in order to differentiate themselves. Similarly, strategically motivated CSR actions may reflect responses to institutional pressures (Oliver, 1991). Additional strategic boundaries are set by the relationship between CSR investment opportunities and market value of the firm (Mackey, Mackey, & Barney, 2007) and the complex relationship between CSR investment, firm posture and variable financial performance outcomes (Barnett, 2007). Finally, the space in which CSR actions take place, and therefore also the resulting outcome in terms of social and financial performance, is bounded by managerial values (Sharfman, Pinkston, & Sigestad, 2000). The need for clarification of boundaries the the construct becomes significantly more pressing when policymakers enter the fray. Indeed, it can be argued that those who subscribe to an expansive or normative view of what CSR see it as an instrument of public policy by other means (DeVinney, 2009). If CSR is public policy by other means, the matter of efficiency immediately becomes unavoidable – which path is better for achieving specific objecetives? The only fairly certain conclusion to be drawn at this point is that the “regulation by other means” view necessitates a boundary between the two, not a mixing of them. Definitions of CSR The common starting point for many debates involving Corporate Social Responsibility is Milton Friedman’s 1970 essay. Friedman argues that the [social] responsibility of corporations is “to conduct the business in accord with the (shareholder’s) desires, which will 5 Sinding, Sharfman and Peck 4th CORE Conference 2009 generally be to make as much money as possible while conforming to the basic rules of society, both those embodied in law and those embodies in ethical custom”. Apart from Friedman’s philosophical objection to managers as unelected, unaccountable and poorly educated decision makers with respect to public goods and wealth redistribution, he also objects to CSR, or expenditures outside upholding the law and ethical custom, on the grounds that this decision should be left to shareholders. These are, as recently pointed out by Baron (2007), free to choose between firms engaged in some form of responsible behavior and firms that maximize profits. Firms engaged in CSR may, when CSR is defined as actions that do not meet Friedman’s criteria, forego profit. When this is expected, the share price will be lower and investors that like this sort of action will invest, while investors not so inclined will prefer profit maximizing firms (Baron, 2007). This expectation of lower stock prices may not hold for “green” firms, where higher levels of individual ownership tends to work in the opposite direction (Heinkel, Kraus, & Zecher, 2001) A number of later definitions are variations on Friedman’s theme. McWilliams and Siegel (2001) stress that CSR involves actions where firms go beyond the law and the interests of the firm (McWilliams & Siegel, 2001). Under this definition any form of social and ethical behavior that is instrumental in furthering the interests of the firm, whether based on high trust and low[er] transaction costs (Jones, 1995) or on the accumulation of resources allowing such behavior (Russo & Fouts, 1997) is entirely instrumental and therefore not CSR. According to another recent definition, only the legal requirement matters, CSR or business virtue being “practices that improve the workplace and benefits society in ways that go above and beyond what companies are legally required to do (Vogel, 2005). 6 Sinding, Sharfman and Peck 4th CORE Conference 2009 The common feature of the instrumental view is then that any action that contributes to compliance, to meeting Friedman’s “ethical custom” or which furthers the interests of the firm are not really a matter of responsibility: they should be undertaken in any case and is not CSR. Any additional action of a social or ethical or environmental nature may be defined as CSR – but is never justified according to Friedman (1970). The camp opposing the instrumental view may, following the distinction by Donaldson and Preston (1995), be termed “normative.” According to this view, the theory of the firm must be “reconceptualized along Kantian lines” (Evan & Freeman, 1988), such that stakeholders, and thus by extension the practice of responsibility, involves a right for any stakeholder to be treated as an end in itself, and not as a means for some other end (Jones, 1995). This view is an echo of Freeman’s slightly earlier definition of stakeholders as “any group or individual who can affect or is affected by the achievement of the organizations objectives” (Freeman, 1984). Even if the normative camp has no problems with, and clearly in part relies on instrumental arguments for justification (Margolis et al., 2003), there remain strong underlying normative concerns about fairness (Phillips, 2003), human dignity (Hodson, 2001), fundamental rights (Donaldson & Preston, 1995) or the achievement of minimum standards of corporate behavior (Campbell, 2007). Indeed, it has been argued that the proper definition of social responsibility is that firms must not knowingly do anything that could harm their stakeholders – and if they discover that they have done harm they should rectify it, either voluntarily or in response to demands that they do so (Campbell, 2007). In an effort to come to grips with the contingency specific nature of most CSR practices adopted by companies, Barnett (2007) has distinguished CSR from three other classes of 7 Sinding, Sharfman and Peck 4th CORE Conference 2009 practice. The dimensions used for bounding CSR and distinguishing it from other practices were social welfare orientation and stakeholder relationship orientation. Only in cases where both were high is it appropriate to characterize activities as CSR (Barnett, 2007). This work thus identifies boundaries between CSR and agency losses to self-serving managers, between CSR and [political] influence tactics, and between CSR and process improvements. These boundaries are important and those we propose in the following sections are supplemental to those proposed by Barnett. Instrumental or not, claims about the virtues of CSR and its benefits are widely made. Those making them, even if they belong squarely in the instrumental category, may not appreciate that such claims about CSR and the benefit of such undertakings may be insincere, ineffectual, risky or downright counterproductive. The problem facing executives and others is that they do not know ex-ante what will work and what will not. Put slightly differently, the area between pure and disinterested social investment and calculatedly instrumental social investment may be large as well as murky. To the extent that policy makers (or policy entrepreneurs cf. Baron 2005) promote CSR through explicit or implicit coercion, this too may rely on an assumption about the benefits of instrumental CSR – withoug such benefits CSR is just regulation under a different name. Our present effort to determine a number of boundaries may be helpful in the sense that it may help protecting managers and executives from themselves when navigating that grey area1 in addition to making researching the construct more precise. 1 In the remainder of this paper we do not apply a strict instrumental criterion to actions that purport to be CSR. Had we done so, most of the actions we rely on would both be CSR, leaving us with little to discuss. We are interested in the [claimed] CSR actions that exist in the grey area between purely instrumental CSR (which by virtue of instrumentality is not CSR at all), and pure selfless altruistic CSR. 8 Sinding, Sharfman and Peck 4th CORE Conference 2009 Institutional boundaries The notion that institutional structures such as schemas, norms, routines and rules can constrain firms in their CSR effort is very broad. It remains so even if we remove everything that has to do with legal rules – these are usually defined as being outside the CSR construct. We explore these boundaries by way of identifying a series of institutional structures that may limit the CSR practices a firm can undertake. It should be noted, however, that institutional logics as discussed here have close links to strategic reactions to institutional demands (Oliver, 1991). The following discussion of boundaries follows a distinction between practices such as corporate giving, self regulation and engagement with stakeholders.2 When a firm gives money to worthy causes it is a transfer of wealth. That firms do so may be an act of CSR or not, depending on which definition one prefers. Such giving may be undertaken because that is what firms are expected to do (in a certain location, industry, point in time etc.) e.g. normative isomorphism ala DiMaggio and Powell (1983). The political economy boundaries are examined in the next section, but normative and cognitive institutional pressures may also constrain what exactly firms can or should do with respect to giving. Several decades ago the so-called “five percent club”, i.e. a group of firms united by the fact that they donated five percent of their profits to worthy causes, may have facilitated Friedman’s essay argues that managers social responsibility is to maximize profits (Friedman, 1970). As argued by some, Friedman’s essay was written at a time when competition was less intense and when shareholders were possibly less demanding than they have since become (Vogel, 2005). The institutional environment for giving has thus undergone a 2 Many more examples may exist but those selected serve to illustrate our point about boundaries. 9 Sinding, Sharfman and Peck 4th CORE Conference 2009 change, from being essentially oriented towards a lower boundary (i.e. “give 5% or you will be considered cheap”), to a very different upper boundary where creation of “shareholder value” sets a [low] upper bound on corporate giving. Self regulation may be pursued by firms for a variety of reasons – efficiency, legitimacy, flexibility and control compared to public regulation, and pre-emption of [harsher] public regulation, just to name a few. It has been suggested that when selfregulation is “well-designed” and “efficient” this may lead firms to be more socially responsible (Campbell, 2007). That argument depends on the exact meaning of “well designed” and “efficient”. Self-regulation and the membership of firms in such arrangements can, in part, be driven by coercive, mimetic and normative institutional pressures (DiMaggio et al., 1983). The evocation or existence of these institutional pressures suggests boundaries to us. Participation in self-regulatory arrangements places constraints on a potentially great number of actions a firm can take, i.e. where they can invest (not in Burma), what kind of industries they can operate in (not tobacco and certainly not weapons), what information they must disclose (accounting, insider trading, occupational health, environmental performance, etc.) and what they will do in certain contingencies, and so on. The boundaries that result are potentially vast in number – if firms took self-regulation seriously. Some evidence exist that suggests participation in self-regulatory arrangements is sometimes more symbolic than substantial (King & Lenox, 2000). These institutional boundaries, which are also concerned with how firms are perceived by their surroundings, may also have an important time component – goodness cannot be turned on and off as expediency dictates. The final source of institutional boundaries exemplified here concerns engagement with stakeholders. As in the case of self-regulation, it has been suggested that firms will be more 10 Sinding, Sharfman and Peck 4th CORE Conference 2009 likely to act in a responsible manner if monitored by stakeholder groups (Campbell, 2007). This is tantamount to asserting that better behavior results from more monitoring, which is likely to be the case. Put in terms of boundaries, stakeholders, who may or may not be important (Mitchell, 1997), can shape boundaries. AT&T several years ago faced such stakeholder boundaries. Its foundation routinely supported the birth control education efforts of Planned Parenthood. However, some abortion opponents took issue with AT&T supporting the organization even though their donation did not any abortion related activities. The anti-abortion activists bought some AT&T shares, spoke at the annual meeting and were successful in getting the AT&T foundation to stop its support of Planned Parenthood. In other words, these stakeholders limited the firms CSR activities. However, the nature and character of other boundaries will depend on the many features which characterize stakeholders, not just their power, their legitimacy and the urgency of their claims, but also on their objective, resources and skills, and their [political] agenda. Political Economy boundaries The pursuit of some form of CSR mat be motivated by moral concerns or by self-interest on the part of the firm. In considering a model of moral management, corporate social performance and social pressure, David Baron (2009) is very explicit in distinguishing moral management from actions taken in the interest of the firm. The interesting point about this approach is that identifies normative foundations for engaging in moral management. This foundation rests on three elements. One is that moral management actions undertaken by firms can raise social welfare (eg. when government fails to regulate externalities or when redistribution is possible). The second element involves Coasean bargaining (Coase, 1960), in 11 Sinding, Sharfman and Peck 4th CORE Conference 2009 the sense that the duty to mitigate an externality should fall on the party best able to do so (Calabresi and Melamed, 1971). The third element is to undertake redistribution of profits (Baron, 2009). Addressing externalities beyond what is required by law carries a cost, as does redistribution of profits. As such neither makes business sense. However, either or both may serve to differentiate the firm and its products, generating a net positive return to the externality reduction/redistribution activities – but then they would no longer be moral management but just one more action undertaken in the firm’s interest. In an abstract sense, the issue of boundaries is to find the point where profit redistribution and externality reduction beyond the law stops being beneficial to the firm – and becomes moral management. There are, however, several other political economy-related boundary issues. Following Calveras et al. (2007), Baron (2009) argues that private redistribution and provision of public goods can make consumers unwilling to support the [public regulation] alternative (a form of private action crowding out collective action). Secondly, and irrespective of whether moral management-CSR or self-interested CSR is involved, these actions may have other distributional consequences than shifting income away from shareholders. This impact is likely to occur where externalities and good but important stakeholder acceptance is spatially localized, as in the case of many natural resource extraction projects. The third boundaryrelated issue is concerned with the effort undertaken by stakeholders (other than shareholders) to obtain for themselves either transfers of wealth or elimination of externalities that are with in legal standards. This effort is likely to be a close relative of the effort 12 Sinding, Sharfman and Peck 4th CORE Conference 2009 undertaken by rent-seekers (Tullock, 1967) in many different situations – and we may speculate that they may be equally unproductive. One complicating factor is that the private provider of public goods and transfers may actually be more efficient at this task than the government involved. The notion that firms may be better than government organizations at producing public goods and transfers is introduced by Baron (2009) in the context of citizens making choices between private giving and owning shares in socially responsible firms. Extending the concept of efficiency differentials in public goods production and transfer management from a purely private setting (Baron, 2008) to one that also includes governments, is an avenue we cannot explore in the present paper – the notion that a government may not always be a government but rather be a failing government is unappetizing yet a field of its own (Weimer & Vining, 2004). Even if no money figure or other similar level of detail can be attached to this boundary, we believe it exists and is important, at least in some situations. Two different types of market-related boundaries also belong in the political economy category. When firms rely on some expression of CSR for branding purposes they seek differentiation (Reinhardt, 1999), among other things. With differentiation comes market segmentation, but among investors as well as among consumers (Baron, 2008). The supply of customers in both markets is clearly an upper boundary for CSR activities, even if the observation may seem so obvious that it is trite. For the investors, a further twist applies, however. Executives that for some reason engage the firms they manage in extensive public goods production and wealth transfers (i.e. CSR), may find themselves disciplined by takeovers financed by shifting such transfers (Huisingh, Siljebratt, & Backman, 1988) to 13 Sinding, Sharfman and Peck 4th CORE Conference 2009 shareholders (Baron, 2008). In this sense the market for corporate control (Jensen & Meckling, 1976) constitutes an additional boundary to CSR because if managers invest too much in CSR firm performance will suffer and those managers likely will be replaced in a takeover. Strategic boundaries Some years ago a set of five strategic arguments for being a green company were proposed by Reinhard (2000). These were product differentiation, competitor management, cost reduction, market redefinition, and risk management (Reinhardt, 2000). The first two of these are considered in relation to our suggestion that strategic boundaries exist. The remaining three can to some degree be subsumed in the two first ones. Much instrumental CSR is intended to differentiate products or firms in the eyes of the customer. For such differentiation to be meaningful, however, three conditions must be met. Customers must be willing to pay a premium for the CSR attribute of the product or the company selling the product. There must be reliable information available that shows that the product or the firm has the desired attributes, and there must be a barrier to imitation (Reinhardt, 2000). We argue that all these requirements represent strategic boundaries on the CSR concept. The first requirement, willingness to pay, can constitute a boundary, but more in a relative than an absolute sense. The acceptance of a CSR driven price differences, for example for the privilege of consuming eggs produced under non-cruel conditions, depends on the extra payment for CSR eggs relative to the payment for unspecified eggs. It also depends on the 14 Sinding, Sharfman and Peck 4th CORE Conference 2009 benefit derived from CSR-eggs. Some industries produce homogenous products that are intermediary to final consumer products. The production of these is likely to be concerned chiefly with economies of scale and minimization of unit costs. In many cases product from one supplier is virtually indistinguishable from those of another. This applies to many commodities (iron ore, crude oil, timber, paper, etc.) As such, only firm differentiation will be possible and likely more difficult and expensive to achieve. The essential point is that if the extra CSR-related payment is disproportionate relative to the item not responsibly made, then the price difference is an upper boundary to the construct in that managers will have to scale CSR actions back to remain price-competitive and have their firms survive. The second requirement for product differentiation to work is that credible information is available about the attributes in question (Reinhardt, 2000). Two key sources of information address this requirement – but they also constitute boundaries to CSR. One information source is product labels. These exist for some products and product groups, but coverage is far from comprehensive. The boundary here is the existence of a relevant labeling arrangement plus the total cost of becoming and remaining certified to use the label. Labels are designed for consumers but with coverage limited to certain product groups, alternative sources of information must be used if CSR-based product differentiation is to succeed. Apart from the cost and effort of using labels there is a possible additional boundary, that of label overload, which may occur when more and more product types receive their own product. To continue with the eggs example, their organic food label may be supplemented with a “happy-egg” label to designate non-cruel production, any number of competing regional origin labels – for example “Eggs from Madagascar” and labels specifying the breed of hen that laid the egg (after all, single estate coffee beans are not unheard off). Two 15 Sinding, Sharfman and Peck 4th CORE Conference 2009 alternatives can be suggested, CSR reporting and Life Cycle Assessment. The former is concerned with performance at the company level and may contribute to differentiation at that level. The latter is intimately concerned with products and all that goes into their production and disposal. These alternatives are potentially very costly and not necessarily meaningful outside the ranks of specialists – both features associated with boundaries to the use of these practices. As such, generating product or firm information that would differentiate products or companies has a cost that again can be limiting because too high investment in such information actions can render the firm non-competitive or even nonexistent. For differentiation to work for firms, Reinhardt (2000) also identifies barriers to imitation as a requirement following the reasoning of the Resource Based View of the firm (Barney, 1991). Many responsible practices are not in themselves complex or difficult and they are therefore easy to imitate. The challenge, and in this context also the boundary, is to undertake responsible actions in a way that customers will remember. Again, labels might do the trick, but if labels are exclusionary the firm risks them being called an anti-competitive or cartel practice (none of which is likely to be confused with responsible action). In developing the notion of “Stakeholder Influence Capacity” (SIC) as a stock of [path dependent] reputational capital, Barnett has identified a factor (SIC) that may moderate the impact of CSR on financial performance (Barnett, 2007). This line of argument is foreshadowed in Reinhardt’s discussion of Patagonia as a company that has exerted itself in projecting a responsible image. The boundaries here are the stock of responsibility capital and the fact that is takes time to build it – and that the associated cost is sunk. Again, too much investment in 16 Sinding, Sharfman and Peck 4th CORE Conference 2009 responsibility capital can doom the firm if customers are not willing to pay the attendant higher prices. Managerial boundaries The final source of limits to the CSR construct we discuss rests with the managers who are charged with implementing such efforts. Like all decisions managers make, CSR choices are sifted through each individual manager’s cognitive schemas (Wood & Bandura, 1989). One can conceptualize these schemas as filters through which managers interpret the various signals present in their business context. One of the key filters through which managers interpret these signals is through their own values (Daft & Weick, 1984). Such values in turn directly predict managerial choices in CSR actions (Sharfman et al., 2000) because values help managers determine which signals are important and which are not; (Bansal & Roth, 2000; Meyer, 1982). Further managers will be more likely to make the changes necessary to engage in CSR actions if those actions are consistent with their values (Bansal et al., 2000; Stead & Stead, 1992). To clarify the role of values in CSR choices, as an example, let’s assume a San Francisco affiliate of a large, international consumer retailer has a large customer base in the gay and lesbian community not through any strategic action/choice but simply as a result of the high incidence of gay and lesbian consumers in the San Francisco area. Further assume for the sake of argument that the local affiliate has the discretion to decide about its CSR actions including those that address specific stakeholder groups’ preferences. As a result of the presence of this large gay and lesbian customer base, this firm perceives pressure from this important stakeholder group to provide domestic partner benefits to its gay and lesbian 17 Sinding, Sharfman and Peck 4th CORE Conference 2009 employees. However, in our scenario the newly installed manager of the affiliate believes homosexuality is immoral according to his religious upbringing as do many of the top managers at corporate headquarters. As such, while the new manager might agree to provide such benefits as an instrumental choice so as to not anger an important stakeholder group, he would likely not do so out of any normative sense that this is the firm’s “responsibility.” One might argue that such religiously-based values are simply a manifestation of the institutional sources of limits for CSR that we discussed earlier. To the extent that such religiously-based values come from an organized religious body then this criticism would be valid. However, not all religiously-based values stem directly from organized religious bodies. Clearly the family is the single strongest source of religious or spiritual teaching regardless of whether the family belongs to an organized religious denomination or attends worship services with that denomination. The family will be the vehicle by which many people gain their interpretation of religious or spiritual teachings – again regardless of whether the family is affiliated with any specific denomination. Finally, individuals through self-study also can modify or augment any religious learning as part of their own values development. These religious/spiritual values will create a schema for any manager and will dictate at least in part what that manager believes is or is not the firm’s responsibility. While religious and spiritual issues are for many the driver behind the development of personal values, there are myriad other sources of values development. The social structure and culture within which the individual lives, the cultures to which an individual has been exposed, the individual’s education and training all can play a role in the development of values schemas. Take for example decisions about the firm’s environmental performance 18 Sinding, Sharfman and Peck 4th CORE Conference 2009 beyond that required by law. For firms in the western United States, solid waste generation is a compliance issue and most solid waste is managed through land-fills. There are large amounts of land available for land-fills and recycling can be cost prohibitive because of materials transportation costs. If the same firm operates in Denmark, recycling systems are extensively subscribed; little land is available for landfills and then only at coastal sites with less than 10 percent of all solid waste nationally being land-filled (UNEP 2004). In part the Danish perspective on solid waste management comes from national (and European Union) recycling regulations as well as from a culturally bound value system about sustainability. However, it also comes in part from the simple fact that in Denmark untreated groundwater is used for drinking and in any case much of the water table is so shallow that land filling solid waste is simply not an option3. In this example, extensive management of solid waste is not CSR but legal and cultural compliance. Alternatively if this same Danish firm is run by an industrial engineer, generating solid wastes may be an anathema – not because of some sense of social responsibility nor even for legal or cultural compliance but because of an operational efficiency value. In this example, a firm run by an industrial engineer could go beyond even Danish legal compliance in its solid waste management (environmental performance) to meet an efficiency standard not to fulfill some corporate social responsibility. In each of the above examples, actions that could be included broadly under the rubric of CSR would occur for reasons not normally identified as the conventional CSR motivations i.e. we “owe” this behavior to society vis a vis the social contract or the more normative “it is 3 Most solid waste in Denmark is in fact incinerated in district heating plants. 19 Sinding, Sharfman and Peck 4th CORE Conference 2009 the right thing to do.” In each of these examples managers make instrumental choices that are either value driven or have strong value components. These value elements which are the not the conventional values behind CSR drive the choices and limit what can be called CSR. In each of our examples, managers limit the amount or type of responsible actions their firms pursue directly as a result of the managers’ personal value systems as opposed to some overarching corporate responsibility. CONCLUSION In this paper we have introduced the idea that regulation of Corporate Social Responsibility or regulation relying on Corporate Social Responsibility is intimately concerned with a rich set of boundaries to the Corporate Social Responsibility construct. Mixing regulation with the voluntary actions conventionally associated with Corporate Social Responsibility is not just a matter of the tension between the instrumental and normative views of Corporate Social Responsibility. This is essentially caused by a lack of clear theoretical boundaries for the CSR construct. The normative perspective implies that more CSR, and more attention to the organization’s stakeholders, is always better. The instrumental perspective implies that CSR actions should only be promoted if they specifically advance the fortunes of the firm. If they do however, more is STILL better. Indeed, in the instrumental perspective all of the actions are not CSR and actions which go beyond instrumental, while possibly a form of CSR, are morally unacceptable. We suggest that the debate is unlikely to find consensus any time soon and that a better approach is to accept that many activities undertaken by companies are labeled as CSR but aren’t done out of any moral sense of [corporate] responsibility and to use this as a starting point. In consequence, we propose the idea that the 20 Sinding, Sharfman and Peck 4th CORE Conference 2009 Corporate Social Responsibility construct has a number of theoretical and practical boundaries or limits. In other words, even if managers wish to maximize CSR there are limits to their ability/willingness to do so – and these can be understood in terms of their origin in institutional, political economy, strategic and managerial contingencies. This paper is not exhaustive in the litany of possible limits and boundaries to the either the CSR construct or to CSR actions. Many authors have distanced themselves from the CSR construct but embrace the CSP construct (e.g. Wood 1991). By looking at the behaviors in which the firm engages, one does not have to worry about any normatively derived value system as a driver for action. However, everything we pointed out as a limit to CSR actions is also likely a limit to CSP. If for example like Ford Motor Co. the firm engages in Social Branding (in Ford’s case with the Breast Cancer issue and the Susan B. Komen Foundation) the firm is likely to contribute less as it hemorrhages cash. 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