This thesis investigates the relationship between Finnish Company law and corporate social responsibility from a discourse analytical viewpoint. Company law contains norms regulating how the interests of shareholders can be taken into account in business decisions. These norms include the criteria of business decisions and the division of tasks between shareholders and management of the company. The research question is to investigate how this part of the law - how the interests of shareholders can be taken into account in business decisions – is legitimated in legal knowledge. This thesis pays attention to the elements of legal knowledge that somehow create legitimacy for the company law's way of regulating how the interests of stakeholder can be taken into account. Thesis focuses on the strategies and processes of creating the knowledge and content of the knowledge. The analyzed material consists of different legal texts explaining the content of the company law. The first two articles analyze the way the purpose of the company (Company law 1:5) is legitimized in the preworks of the law. The last two articles explain how the shareholder view – the dominating paradigm of company law – is legitimized. The research question is approached with the help of different discourse analytical frames. For example the relationship between meanings and legitimization, and absence of alternative discourses and legitimization is discussed. The thesis also shows that legitimacy can also be based on the representation of alternative legislative decisions. As the legitimation strategies are revealed, it is also possible to notice that the concept and phenomenon of corporate social responsibility plays a significant role in the legitimization processes. The legitimation strategies together represent company law as a responsible piece of legislation. In addition to discourse analytical frames, other theoretical elements of the study include previous research concerning different aspects of corporate social responsibility, theory concerning discursive legitimization strategies and views on the relationship between company law and corporate social responsibility from a normative standpoint.
|Translated title of the contribution||Osakeyhtiölain yhteiskuntavastuullisuus - Diskurssianalyyttisiä tarkasteluja|
|Publication status||Published - 2019|
|MoE publication type||G5 Doctoral dissertation (article)|
- company law
- corporate social responsibility
- discourse analysis
- shareholder approach