49 research outputs found
Justice and Corporate Governance: New Insights from Rawlsian Social Contract and Senâs Capabilities Approach
By considering what we identify as a problem inherent in the ânature of the firmââthe risk of abuse of authorityâwe propound the conception of a social contract theory of the firm which is truly Rawlsian in its inspiration. Hence, we link the social contract theory of the firm (justice at firmâs level) with the general theory of justice (justice at societyâs level). Through this path, we enter the debate about whether firms can be part of Rawlsian theory of justice showing that corporate governance principles enter the âbasic structure.â Finally, we concur with Senâs aim to broaden the realm of social justice beyond what he calls the âtranscendental institutional perfectionismâ of Rawlsâ theory. We maintain the contractarian approach to justice but introduce Senâs capability concept as an element of the constitutional and post-constitutional contract model of institutions with special reference to corporate governance. Accordingly, rights over primary goods and capabilities are (constitutionally) granted by the basic institutions of society, but many capabilities have to be turned into the functionings of many stakeholders through the operation of firms understood as post-constitutional institutional domains. The constitutional contract on the distribution of primary goods and capabilities should then shape the principles of corporate governance so that at post-constitutional level anyone may achieve her/his functionings in the corporate domain by exercising such capabilities. In the absence of such a condition, post-constitutional contracts would distort the process that descends from constitutional rights and capabilities toward social outcomes