The FairShares Model: a communitarian pluralist approach to constituting social enterprises?

Objectives - This paper is an exploration of the intellectual antecedents and philosophical assumptions that underpin the FairShares Model - a set of brand principles and Articles of Association published by the FairShares Association. It contributes to knowledge of the history of the social enterprise movement and its link to contemporary developments in mutual social enterprises. Prior Work - Previous contributions to the literature on social economy have drawn on communitarian philosophy to develop insights into mutual principles. This paper sets out a theoretical framework to evaluate whether the FairShares Model represents a communitarian pluralist discourse on the constitution of social enterprises. Approach - In January 2013, the FairShares Association published guidance on the FairShares 'brand' and 'model' (drawing on work presented at ISBE) to develop the concept of a ‘socialised’ enterprise . The framework developed from prior work is used to assess which aspects of communitarian philosophy are emphasized in both antecedent model rules (identified by the FairShares Association) as well as the FairShares Model (v1.2a). Results - The FairShares Model is theorised as a predominantly communitarian pluralist discourse with some ‘corporatist’ commitments. It represents an evolving set of guidelines for the ‘socialisation’ of enterprise by devising membership rights for two primary stakeholders (labour, users), and two secondary stakeholders (founders, investors). It is designed to reverse the centralising and accumulating tendencies of the private sector without returning assets to state control. It differs from philanthropic models by offering co-operative (par value) shares to three member classes: founders, labour and users, and (ordinary) ‘investor’ shares to all classes of member. Implications - The FairShares Model contributes to knowledge on the 'socialisation' of enterprise by identifying core characteristics of member-owned enterprises that deploy strategies for multi stakeholder ownership, governance and management. Value – By operationalising a communitarian pluralist discourse in the process of constituting a social enterprise, the FairShares Model offers an alternative to private sector models based on the subordination of labour and mutual models based on the primacy of a single stakeholder group

International Guidelines for Securing Sustainable Small-scale Fisheries

The 'Zero Draft' of the International Guidelines for Securing Sustainable Small-scale Fisheries(SSF Guidelines) has been prepared based on the outcomes of the extensive consultation process that has taken place during the last few years. This preliminary draft text draws in particular on the Discussion Document: Towards Voluntary Guidelines on Securing Sustainable Small-scale Fisheries–prepared as a stock-taking exercise by the FAO SSF Guidelines Secretariat in July 2011 and the contributions to and the outcomes of the FAO Workshop on International Guidelines for Securing Sustainable Small-scale Fisheries held on 7-10 February 2012 in FAO, Rome. It has been prepared to stimulate further consultations among all concerned parties. The outcomes of these additional consultations will provide guidance to the FAO Secretariat when preparing the text of the SSF Guidelines that will be submitted as a draft to the formal inter-governmental negotiation process tentatively scheduled for May 2013

Securities Regulation: Opportunities exist for IIROC to regulate responsively

This article examines the applicability of responsive regulation within an inter-agency framework in the financial sector. To do so, the article uses the self-regulatory organization that is responsible for governing Canada’s investment dealers and brokerage firms—the Investment Industry Regulatory Organization of Canada (IIROC)—as a prototype example to illustrate how responsive regulation may be encouraged within an inter-agency framework. While the theory aspires to general applicability, particular consideration is given to its ability to govern multiple agencies. In particular, the article pays attention to jurisdictional boundaries to ensure that inter-agency relationships have some legitimacy in market regulation

Lex Informatica: The Formulation of Information Policy Rules through Technology

Historically, law and government regulation have established default rules for information policy, including constitutional rules on freedom of expression and statutory rights of ownership of information. This Article will show that for network environments and the Information Society, however, law and government regulation are not the only source of rule-making. Technological capabilities and system design choices impose rules on participants. The creation and implementation of information policy are embedded in network designs and standards as well as in system configurations. Even user preferences and technical choices create overarching, local default rules. This Article argues, in essence, that the set of rules for information flows imposed by technology and communication networks form a “Lex Informatica” that policymakers must understand, consciously recognize, and encourage