Current attention directed at ethical dimensions of data and Artificial Intelligence have led to increasing recognition of the need to secure and maintain public support for uses of people’s data. This is essential to establish a “Social Licence” for current and future practices. The notion of a “Social Licence” recognises that there can be meaningful differences between what is legally permissible and what is socially acceptable. Establishing a Social Licence entails public engagement to build relationships of trust and ensure that (...) practices align with public values. While the concept of the Social Licence is well-established in other sectors – notably in relation to extractive industries – it has only very recently begun to be discussed in relation to digital innovation and data-intensive industries. This article therefore draws on existing literature relating to the Social Licence in extractive industries to explore the potential approaches needed to establish a Social Licence for emerging data-intensive industries. Additionally, it draws on well-established literature relating to trust to examine the relevance of trust, and trustworthiness, for emerging practices in data-intensive industries. In doing so the article considers the extent to which pursuing a Social Licence might complement regulation and inform codes of practice to place ethical and social considerations at the heart of industry practice. We focus on one key industry: Financial Technology. We demonstrate the importance of combining technical and social approaches to address ethical challenges in data-intensive innovation and to establish relationships of trust to underpin a Social Licence for Financial Technology. Such approaches are needed across all areas and industries of data-intensive innovation to complement regulation and inform the development of ethical codes of practice. This is important to underpin culture change and to move beyond rhetorical commitments to develop best practice putting ethics at the heart of innovation. (shrink)

Corporate social responsibility has been increasingly embraced by corporations to demonstrate effort to reduce negative environmental and social externalities resulting from their business activities. CSR covers a wide range of issues, including environmental concerns, occupational health and safety, local community social-economic welfare and workers’ rights and welfare issues. Through a detailed content analysis of the CSR-related documents on the websites of the top container shipping companies in the world, this paper examines CSR adoption in the container shipping business. The analysis (...) reveals that while institutional pressure plays an important role, shipping companies are more sensitive to market demands and their focus on CSR elements is selective depending on anticipated customer expectations. (shrink)

:Corporations cannot exist, scholars rightly note, without being constituted by government. However, many take a further step, claiming that corporations are normatively distinct from other market actors because of this governmental provenance. They are mistaken. Like corporations, markets and contracts also require government for their creation. Governmental provenance does not distinguish corporations normatively because our coercive social institutions are pro tanto justified in re-arranging both corporate and non-corporate market activities on behalf of social and political values. The corporation is distinct (...) only practically and prudentially, in that it represents a more proximate instrument for effecting morality in the economy. (shrink)

The design and development of appropriate regulatory mechanisms have attracted renewed attention in recent years. In particular, a shift towards voluntary self-regulatory mechanisms has been witnessed within many industries, such as the Australian mining and petroleum industries which have developed voluntary codes of conduct. This paper analyses the development of different regulatory forms and provides a brief comparative analysis of the two main voluntary codes of conduct used by the Australian mining and petroleum industries. In particular, the study focuses on (...) the integration of social sustainability elements within these frameworks that help contribute to solving issues such as coverage of human rights, approaches to employee and community relations, systems of stakeholder engagement, community consultation and public reporting. The study concludes that stakeholders have an important role to play in driving the introduction of voluntary regulation. This phenomenon can be traced back to how a company’s need to maintain its legitimacy, or social licence to operate, often motivates it to go beyond compliance. By providing a fuller understanding of factors driving the evolution of different regulatory mechanisms, this study has important implications for policy makers and practitioners interested in developing effective regulation. (shrink)

At workplaces where nanomaterials are produced or used, risk assessment and risk management are extremely difficult tasks since there is still limited evidence about the risks of nanomaterials. Measurement methods for nanoparticles are contested and safety standards have not yet been developed properly. To support compliance with the legal obligation of the employer to care for safe workplaces a large number of ‘soft’ regulatory tools have been proposed (e.g. codes of conduct, benchmarks, standards). However, it is not clear whether and (...) under which conditions soft regulation is complied with. This article discusses the potential advantages and drawbacks of soft regulation. It explores compliance issues when exposure measurement devices and other technology-related factors are involved. The exploration of three examples of soft regulation on occupational health and safety (a ministerial recommendation on preliminary exposure benchmarks, a nano-specific guidance of a chemical company and a public–private OHS guideline) shows that the capacity of the regulated parties to comply depends on the availability of appropriate technological devices and methods, technical expertise and other resources. When technological prerequisites are met, compliance is likely to increase. (shrink)

The “social licence to operate” has been invoked in science policy discussions including the 2007 Universal Ethical Code for scientists issued by the UK Government Office for Science. Drawing from sociological research on social licence and STS interventions in science policy, the authors explore the relevance of expectations of a social licence for scientific research and scientific contributions to public decision-making, and what might be involved in seeking to create one. The process of seeking a social licence is not the (...) same as trying to create public or community acceptance for a project whose boundaries and aims have already been fully defined prior to engagement. Such attempts to “capture” the public might be successful from time to time but their legitimacy is open to question especially where their engagement with alternative research futures is “thin”. Contrasting a national dialogue on stem cells with the early history of research into bioenergy, we argue that social licence activities need t.. (shrink)

Large companies must increasingly satisfy not only the conditions of their formal licences, but also the concerns and expectations of host communities and broader society. This has led to the emergence, particularly in the minerals industry, of the notion of “social licence”, an interdiscursive term whose meaning is rarely interrogated. We use textual analysis to critically investigate the construction of social licence discourse in minerals companies’ sustainable development reports and at a recent industry conference. We find that the texts mystify (...) the nature of agency, and privilege processes that maintain existing power relations. Through their partial accommodation of heterogeneous discourses, the texts downplay tensions and conflicts. We conclude that there is a need to reconceptualise the nature of company–stakeholder relationships through a more collaborative, dialogic and reflexive process, avoiding the binary state implied by the term licence. (shrink)

The view that CSR performance can be improved most effectively through external pressures is shown to be invalid for most firms. In exploring why this is the case, the authors demonstrate that most small and medium enterprises are not exposed to the same pressures as large firms, and that this undermines many of the assumptions that underpin the externally driven business case (EDBC) for voluntary CSR practices. The analysis does this by looking at the external drivers of one of the (...) components of CSR; namely, the environmental behaviour of firms. This shows that the strength of the EDBC is largely determined by five factors. Importantly, the analysis provides the basis for the claim that -- and helps to explain why -- the EDBC for voluntary environmental behaviour is likely to remain a weak form of pressure for many small firms. (shrink)

The article explores the impact of civil regulation on the environmental behaviour of SMEs. It shows that although civil regulatory pressures are generally subdued, and that conventional regulation continues to be an important driver of behaviour, there are circumstances where civil pressures nevertheless produce a ‘regulatory’ stimulus. Where they do, it appears that civil regulatory pressures tend to derive from stakeholders pursuing relatively narrow self-interest (rather than public interest) mandates; and they normally target particular issues rather than ‘social responsibility’ in (...) any broad sense. SME responses typically take the form of compliance-reinforcing (rather than beyond compliance) measures. For SMEs, it is suggested that, in some circumstances, civil regulation provides a bespoke regulatory mechanism which is more likely to bring about changes in basic practices on narrow issues. It can also be seen as producing a particular type of consensual micro-social contract and public interest service. (shrink)

Social license reflects environmental and social change, and sees community as an important stakeholder and partner. Science, scientists, and science policy have a key role in the processes that generate social license. In this paper, we focus on the interaction between science and social license in salmon aquaculture in south-eastern Tasmania. This research suggests that social license will be supported by distributed and credible knowledge co-production. Drawing on qualitative, interpretive social research we argue that targeted science, instilled by appropriate science (...) policy, can underpin social license by supporting emerging, distributed, and pluralistic knowledge production. Where social license is important and environmental contexts are complex, such knowledge production might support environmental governance, and so improve outcomes in coastal zone management and beyond. (shrink)

We examine the applicability of the concept of Social Licence to Operate (SLO) for international humanitarian and development cooperation organizations. We review the relevant literature on SLO and derive criteria that can be applicable to the work of development agencies. We also examine the case of the international NGO, Mercy Corps, in the region of Samtskhe-Javakheti, Georgia, specifically its Market Alliances against Poverty project. Using focus groups and key informant interviews, we sought to understand what would constitute an SLO for (...) the local community in the context of a development intervention. Themes that emerged included: transparency and accountability; access to information; the potential benefits and dangers of innovations; the inspirational effect of the presence of an external organization; risks associated with loans and grants; and the reliability of intermediaries. Our results can be utilized by development practitioners and humanitarian organizations as well as academics who want t.. (shrink)

Social licence to operate (SLO) is the ongoing acceptance or approval for a development that is granted by the local community and other stakeholders. From the current media and political attention on Australian wind farms, it appears that many specific wind farms, or indeed the industry as a whole, may not hold an SLO with affected stakeholders. This research was undertaken to examine whether the SLO might be a useful framework to enhance engagement and increase societal understanding of wind farms. (...) Twenty-seven interviews across nine wind farms were conducted with stakeholders representing wind companies, local government authorities, local opposition, local support and turbine hosts. The interviews revealed a complexity of concerns that informed the stakeholders’ perspectives, including “game-changing” issues that may stand to significantly increase wind farm acceptance. The results are presented with practical steps towards the development of a preliminary working model of an SLO for Australian wind f.. (shrink)

Social licence to operate is the ongoing acceptance or approval for a development that is granted by the local community and other stakeholders. From the current media and political attention on Australian wind farms, it appears that many specific wind farms, or indeed the industry as a whole, may not hold an SLO with affected stakeholders. This research was undertaken to examine whether the SLO might be a useful framework to enhance engagement and increase societal understanding of wind farms. Twenty-seven (...) interviews across nine wind farms were conducted with stakeholders representing wind companies, local government authorities, local opposition, local support and turbine hosts. The interviews revealed a complexity of concerns that informed the stakeholders' perspectives, including "game-changing" issues that may stand to significantly increase wind farm acceptance. The results are presented with practical steps towards the development of a preliminary working model of an SLO for Australian wind farms that addresses identified concerns. The emerging concept of SLO appears to provide a useful framework for wind farm developers to incorporate an improved model of consultation that engages local communities in ways that could enhance transparency and local support, and complement formal regulatory processes. © 2014. (shrink)

BackgroundUse of routinely collected patient data for research and service planning is an explicit policy of the UK National Health Service and UK government. Much clinical information is recorded in free-text letters, reports and notes. These text data are generally lost to research, due to the increased privacy risk compared with structured data. We conducted a citizens’ jury which asked members of the public whether their medical free-text data should be shared for research for public benefit, to inform an ethical (...) policy.MethodsEighteen citizens took part over 3 days. Jurors heard a range of expert presentations as well as arguments for and against sharing free text, and then questioned presenters and deliberated together. They answered a questionnaire on whether and how free text should be shared for research, gave reasons for and against sharing and suggestions for alleviating their concerns.ResultsJurors were in favour of sharing medical data and agreed this would benefit health research, but were more cautious about sharing free-text than structured data. They preferred processing of free text where a computer extracted information at scale. Their concerns were lack of transparency in uses of data, and privacy risks. They suggested keeping patients informed about uses of their data, and giving clear pathways to opt out of data sharing.ConclusionsInformed citizens suggested a transparent culture of research for the public benefit, and continuous improvement of technology to protect patient privacy, to mitigate their concerns regarding privacy risks of using patient text data. (shrink)

We view an individual’s legitimacy judgment as an attitude. It is influenced by a personal belief system composed of global values and domain-specific beliefs, consistent with the value–attitude system in marketing. Our context is the legitimacy of the Canadian oil sands industry. We hypothesize that an individual’s legitimacy judgment may be influenced by three domain-specific beliefs: the credibility of the industry, environmental non-government organizations, and the mass media. We also examine two global values associated with sustainable development: concern for the (...) environment and concern for economic development. These are expected to have negative and positive effects, respectively, on an individual’s legitimacy judgment and on industry credibility. We also examine if these relationships are influenced by proximity to the oil sands. We test our theory using a mixed methods research design and a structural equation analysis on a survey of 853 residents of Edmonton and Toronto, Canada. We find support for most of our hypotheses. (shrink)

A continuing challenge for researchers and practitioners alike is the lack of data on the effectiveness of corporate–community investment programmes. The focus of this article is on the minerals industry, where companies currently face the challenge of matching corporate drivers for strategic partnership with community needs for programmes that contribute to local and regional sustainability. While many global mining companies advocate a strategic approach to partnerships, there is no evidence currently available that suggests companies are monitoring these partnerships to see (...) if they do, in fact, represent ‘strategic’ investments. This article argues that applying the management concept of ‘investment performance’ to corporate–community partnerships requires questioning traditional evaluation methods that focus on the results of programmes or activities. We adopt a case study approach to introduce an evaluation framework that considers performance from both corporate and community perspectives and that conceptualises partnership performance as comprising four aspects: (1) the contribution of the partnership to the overall portfolio of a company’s community investment programmes, (2) the appropriateness of the partnership model, (3) the effectiveness of the partnering relationship and (4) the ability of the partners to achieve programme goals. The application of this evaluation framework to an established corporate–community partnership programme provided some useful insights as to how partnership performance can be improved. (shrink)

Although extensive research has been devoted to public perceptions and acceptance of controversial energy innovations, the perspectives of people developing and implementing such technologies are relatively under-examined. Other industries, such as mining, and social researchers have adopted the term “social licence to operate” (SLO) to conceptualise community–industry relationships. Despite its potential applicability to carbon dioxide capture and storage (CCS) technology, SLO has received very little attention in this context, specifically from an engineering and managerial perspective. The internationally contested nature of (...) CCS highlights the importance of examining how engineers and managers discuss and understand the term SLO. Given the central role of engineers and managers in developing CCS technology and contributing to the creation of the contexts in which people relate to it, knowledge of how they understand their connection to communities impacted by the technology is a key area requiring deve.. (shrink)

Biomedical research increasingly relies on long-term studies involving use and re-use of biological samples and data stored in large repositories or “biobanks” over lengthy periods, often raising questions about whether and when a re-consenting process should be activated. We sought to investigate the views on re-consent of participants in a longitudinal biobank. We conducted a qualitative study involving interviews with 24 people who were participating in a longitudinal biobank. Their views were elicited using a semi-structured interview schedule and scenarios based (...) on a hypothetical biobank. Data analysis was based on the constant comparative method. What participants identified as requiring new consent was not a straightforward matter predictable by algorithms about the scope of the consent, but instead was contingent. They assessed whether proposed new research implied a fundamental alteration in the underlying character of the biobank and whether specific projects were within the scope of the original consent. What mattered most to them was that the cooperative bargain into which they had entered was maintained in good faith. They saw re-consent as one important safeguard in this bargain. In determining what required re-consent, they deployed two logics. First, they used a logic of boundaries, where they sought to detect any possible rupture with their existing framework of cooperation. Second, they used a logic of risk, where they assessed proposed research for any potential threats for them personally or the research endeavour. When they judged that a need for re-consent had been activated, participants saw the process as way of re-actualising and renewing the cooperative bargain. Participants’ perceptions of research as a process of mutual co-operation between volunteer and researcher were fundamental to their views on consent. Consenting arrangements for biobanks should respect the cooperative values that are important to participants, recognise the two logics used by research volunteers, and avoid rigidity. Agility may be favoured by tiered consent combined with strong oversight mechanisms; this approach requires evaluation. (shrink)

This article proposes a way to zoom in on the concept of the social license to operate from the broader normative perspective of contractarianism. An SLO can be defined as a contractarian basis for the legitimacy of a company’s specific activity or project. “SLO”, as a fashionable expression, has its origins in business practice. From a normative viewpoint, the concept is closely related to social contract theory, and, as such, it has a political dimension. After outlining the contractarian normative background (...) to the SLO, we will show how academic concepts such as legitimacy and stakeholder management have a tendency to provide the intellectual underpinning for the business case for securing an SLO. While business case perspectives on the SLO may well be in line with the use of the term in business practice, we will highlight certain difficulties and ambiguities related to the instrumental use of the expression. In the final section, we briefly introduce the articles of this Special Issue to the reader and explain how they relate to the topic. (shrink)

This paper aims to analyse how the discourse of CEO letters and other factors influence community involvement and Social Licence to Operate (SLO) in the mining industry. The analysis is based on qualitative information disclosed in sustainability reports and CEO letters from 32 mining firms. Content analysis was undertaken to obtain data for the study, and then a regression analysis and a multiple correspondence analysis were used to test the hypotheses defined in the study. The results indicate that the CEO (...) discourse influences how a firm expresses the importance of gaining its SLO, the philanthropic activities in which companies become involved and the destinations of the investments in the communities in which they operate. The results also show changes in the discourse between 2011 and 2015, which are, in part, explained by the difficult situation experienced by the sector during this period. The paper contributes to the Corporate Social Responsibility literature by integrating different theories from this field into the SLO framework. The analysis carried out and the results obtained are useful for both CEOs and Sustainability Managers, especially in managing their relationships with the communities where they operate or intend to operate. (shrink)

This article makes first use of a set of databases that are authoritative, independent, and consistent to examine an old research question: do firms hurt their financial performance by damaging stakeholder interests? The databases are US government on-line listings of fines for environmental breaches, unsafe workplaces, fraudulent accounting standards, and product recalls. These measures are assumed to proxy for signals to stakeholders of the environmental, social, and governance (ESG) risks in transacting with the firm and appear to have fewer biases (...) than conventional measures of stakeholder standards. Using a sample of all non-financial S& P 500 firms during the most recent 1998-2003 full cycle in the market, after controlling for firm-specific differences, sales margins of firms fell by 0.8% if they announced a product recall and by 0.4% if cited by OSHA for an unsafe workplace; and shareholder return was significantly reduced by an EPA or SEC prosecution. This study links the risk of transaction uncertainty, information signaling theory, and the resource-based view of the firm to company financial performance. Results support the normative assumption that a firm's sales margin will be damaged by unethical treatment of stakeholders as evidenced by ESG breaches, presumably because risk-averse customers and suppliers are alert to signals of counterparty risk. (shrink)

The social licence to operate concept is little developed in the academic literature so far. Deployment of the term was made by the United National Guiding Principles on Business and Human Rights and the UN ‘Protect, Respect and Remedy’ Framework, which apply SLO as an argument for responsible business conduct, connecting to social expectations and bridging to public regulation. This UN guidance has had a significant bearing on how public regulators seek to influence business conduct beyond Human Rights to broader (...) Corporate Social Responsibility concerns. Drawing on examples of such public regulatory governance, this article explores and explains developments towards a juridification of CSR entailing efforts by public regulators to reach beyond jurisdictional and territorial limitations of conventional public law to address adverse effects of transnational economic activity. Through analysis of an expansion of law into the normative framing of what constitutes responsible business conduct, we demonstrate a process of juridification entailing a legal framing of social expectations of companies, a proliferation of law into the field of business ethics, and an increased regulation by law of social actors or processes. (shrink)

This paper critiques dominant corporate social responsibility (CSR) theory, which claims that commercial and social goals overlap and coincide. It is suggested that this uncritical portrayal and treatment of complex industry–community relations risks neglecting the potential tensions that may arise should these goals diverge or be in conflict. In this context, the experiences of residents in a small Western Australian town are presented to describe a long-running conflict between community members and their corporate neighbour. The data point to a range (...) of community impacts as a result of corporate activities and unearth strong differences between ‘local’ and ‘corporate’ understandings of CSR. Based on the perceived shortcomings of an economically underpinned CSR approach, we question the possibility of meeting local needs by means of economic efficiency. Calls are made for critical reflection on the key assumptions underlying dominant CSR theory and consideration is given to questions of guidance for CSR practitioners. (shrink)

This paper critiques dominant corporate social responsibility (CSR) theory, which claims that commercial and social goals overlap and coincide. It is suggested that this uncritical portrayal and treatment of complex industry–community relations risks neglecting the potential tensions that may arise should these goals diverge or be in conflict. In this context, the experiences of residents in a small Western Australian town are presented to describe a long-running conflict between community members and their corporate neighbour. The data point to a range (...) of community impacts as a result of corporate activities and unearth strong differences between ‘local’ and ‘corporate’ understandings of CSR. Based on the perceived shortcomings of an economically underpinned CSR approach, we question the possibility of meeting local needs by means of economic efficiency. Calls are made for critical reflection on the key assumptions underlying dominant CSR theory and consideration is given to questions of guidance for CSR practitioners. (shrink)

We reflect on the nature of corporate codes of conduct is this article. Based on John Austin’s speech act theory, four characteristics of a performative concept of corporate codes will be introduced: 1) the existential self-performative of the firm identity, 2) which is demanded by and responsive to their stakeholders; 3) Because corporate codes are structurally threatened by the possibility of failure, 4) embracing the code not only consists in actual corporate responsible behaviour in light of the code, but in (...) the incessant recapturing of the code in the struggle of firms against the possible incongruence between their ethical principles and their actual responsible behaviour. A performative concept of corporate codes helps to bridge classical dichotomies like individualist versus collectivist approaches of moral agency and restrictive versus empowering ethics, and opens a new perspective on the interaction between individual ethical behaviour and the corporate institutionalisation of codes. (shrink)

Recent research suggests that corporate social responsibility is institutionalised amongst multinational corporations. Yet CSR scholarship faces considerable challenges. An agreed definition is lacking, even amongst researchers adopting aligned approaches. Studies remain heavily focused on making a business case for CSR, despite its widespread acceptance into business practice. Few studies examine CSR’s on-ground implications for the communities it purports to help, favouring instead a macro-level focus. And concerns about CSR’s sincerity, motivations and ethics perpetuate questions about its integrity. This article argues (...) that new institutionalism is well placed to respond to these core challenges for CSR, and that new institutionalist perspectives can complement and enrich other common theoretical approaches. It contributes a social mechanism-based framework for CSR, identifying and exploring the key social mechanisms that institutionalise it; namely, discourse, mimesis, normative learning and coercion. Understanding CSR as an institution facilitates new and different explorations of its causes and effects and opens new avenues for scholarly inquiry. Illustrative examples from a 3.5-year study of CSR in the global mining industry are presented to explore the implications of CSR as an institution and to suggest pathways for innovative research. (shrink)

Environmental regulation in middle-income and developing countries is often viewed with high degrees of pessimism. Although many countries have adopted protective laws, violations are widespread and institutions are weak. This paper analyzes the puzzle of shifting patterns of environmental regulation in Argentina, a country with widespread institutional weakness. Most regulators in Argentina take a firefighting approach, acting only when skirmishes emerge between communities and firms. Amidst regulatory chaos, improvements in the environmental performance of firms are few, and noncompliance remains the (...) norm. However, in the province of Tucumán, the pattern of regulation shifted, and officials began to systematically enforce regulations. This paper traces shifts in patterns of enforcement back to broad pressures that provoked industry and environmentalists to support increases in the internal and external components of state regulatory capacity. The analysis uncovers political dynamics that can contribute to strengthening the institutions necessary for sustainable development. (shrink)

In this chapter, we will consider the relationships between values, beliefs and Environmental Citizenship. The role of personal values, value orientations and environmental beliefs in explaining pro-environmental actions and behaviour is widely explored. It is already acknowledged that self-enhancement values are less predictive of pro-environmental actions than self-transcendence values. Additionally, beliefs are considered to be at the core of human behaviour in cognitive theories explaining pro-environmental behaviour and are an important part of many theories used to predict pro-environmental actions. We (...) regard Environmental Citizenship as a combination of certain pro-environmental actions and civic engagement, both public and private, that lead to the mitigation of environmental problems. It is important to answer the question of whether general values and beliefs can potentially be relevant antecedents of Environmental Citizenship. Understanding how values and beliefs relate to Environmental Citizenship would allow for evidence-based ways of promoting Environmental Citizenship in schools and communities and would empower educators to make effective decisions in promoting Environmental Citizenship. (shrink)