Corporate hypergoals, sustainable peace, and the adapted firm.

Vanderbilt Journal of Transnational LawVol. 36 Nbr. 2, March 2003

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Corporate hypergoals, sustainable peace, and the adapted firm.

ABSTRACT

Hypergoals are a set of specifiable goals applicable to all publicly-owned, for-profit corporations independent of their purpose, type, business, or legal governance. The identification of hypergoals should be limited to those factors for which a plausible empirical case can be made concerning their role as essential foundations for efficient business interaction. In the context of hypergoals, corporations have a role to play in working toward global, sustainable peace. In working toward the hypergoal of sustainable peace, corporations must attend to two tiers: an immediate, short-term orientation to foster solidarity with local populations in which the corporation works and a longer-term orientation to abide by the specific norms that have been linked to sustainable peace. A framework of corporate decision strategies for dealing with issues such as the violence associated with the distribution of conflict diamonds is presented. Traditional strategies include the Corporate Imperalist, the Corporate Chameleon, the Corporate Nationalist, and the Corporate Opportunist. The model of the Adapted Firm, which would pursue certain identified hypergoals, would better face the challenges posed by conflict diamonds than would other models.

TABLE OF CONTENTS I. INTRODUCTION II. HYPERGOALS AND CORPORATE GOVERNANCE A. The Case of Hypergoals 1. The Rational, Instrumental Argument 2. The Moral Argument: Deontological Positions a. The Social Contract Argument b. Ecumenical and Stakeholder Arguments 3. The Moral Argument: Naturalist/ Aspirational Considerations 4. The Normative Claims: Objections 5. Normative Considerations: Conclusion & Consistency With Legal and Political Constraints B. The Characteristics of Hypergoals III. CANDIDATES FOR HYPERGOALS A. The Transparency B. Contributing to Sustainable Peace 1. Defining Sustainable Peace 2. Corporate Dimensions of Sustainable Peace IV. STRATEGIES FOR COPING WITH CULTURAL CONFLICTS A. A Descriptive Typology of Corporate Strategy B. Demonstrating the Decision Frameworks: The Case of Conflict Diamonds C. The Adapted Firm: The Difference the Hypergoal of Peace Makes V. CONCLUSION I. INTRODUCTION

The ultimate survival of humanity depends on controlling a strong propensity toward the use of violence to resolve conflicts. Similarly, an environment conducive for business transactions requires certainty, minimized violence and maximized human choice. This Article explores the role of corporations in contributing to sustainable peace. It begins by analyzing the potential for identifying "hypergoals" applicable to all publicly-owned, for-profit corporations, independent of their purpose, type, business, or legal governance. Second, candidate hypergoals of transparency and contributing to sustainable peace are identified and discussed. Third, the specific role of business corporations in contributing to sustainable peace is explored and a decision framework is presented that helps to identify strategies corporations may follow in resolving conflicts and minimizing violence. The application of the framework is demonstrated through an analysis of the current controversy surrounding the marketing and distribution of conflict diamonds. Finally, the Article presents the aspirational Adapted Firm as a model of how business firms may best contribute to the hypergoal of sustainable peace.

The central point of this Article is that in identifying sustainable peace as a teleological end for corporate practice, a series of empirically grounded obligations becomes relevant. Given the scope of this Article, it will be beneficial to bear in mind the characteristics of the Adapted Firm, our model for how corporations can best contribute to peace. In many important respects, the Adapted Firm is simply a firm practicing good citizenship as advocated by others in the field of business ethics. However, by linking such behavior to a quest for peace, the motivations for being ethical become clearer. The Adapted Firm survives because it is attentive to the immediate, local emotions and sentiments of the stakeholders affected by corporate action. The Adapted Firm also contributes to a longer-term survival by insisting on certain practices correlated to peace, to wit: providing economic development, being open to external evaluation of actions (including transparency and support for the rule of law), and proactively practicing good citizenship--particularly with respect to strengthening the voice of corporate stakeholders. The Adapted Firm thus consciously commits itself to two levels of decision-making analysis: (1) a commitment to a hypergoal of sustainable peace and the practices associated with sustainable peace, and (2) a commitment to attending to the immediate sentiments of local constituents, including those of shareholders.

II. HYPERGOALS AND CORPORATE GOVERNANCE

Is it possible to identify a set of specifiable goals applicable to all publicly owned, for-profit corporations indep...

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