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Discourse norms as default rules: structuring corporate speech to multiple stakeholders
1Santa Clara University School of Law, USA.
Health Matrix (Cleveland, Ohio : 1991)
|August 19, 2011
Summary
This article examines corporate speech regulations, proposing prescriptive discourse norms to improve corporate governance for all stakeholders, not just shareholders.
Area of Science:
- Corporate Law
- Business Ethics
- Organizational Governance
Background:
- Corporate law traditionally prioritizes shareholder interests.
- Existing discourse norms inadequately protect non-shareholder stakeholders like workers and consumers.
- The 'nexus-of-contracts' framework offers a lens to analyze corporate communication.
Purpose of the Study:
- To analyze corporate speech issues within corporate law.
- To reframe 'discourse norms' as integral components of the corporate 'nexus-of-contracts'.
- To advocate for prescriptive discourse norms to enhance corporate governance.
Main Methods:
- Analysis of corporate law principles.
- Examination of existing 'discourse norms' and their impact.
- Theoretical application of the 'nexus-of-contracts' model.
Main Results:
- Corporate law's current framework fails to adequately address non-shareholder interests.
- 'Discourse norms' are identified as crucial but often overlooked elements in corporate governance.
- The 'nexus-of-contracts' perspective highlights the contractual nature of these norms.
Conclusions:
- Prescriptive discourse norms are essential for socially responsible corporate governance.
- Reforming corporate governance requires establishing clear communication standards for all stakeholders.
- Adopting these norms can lead to more equitable and effective corporate structures.
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