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Stakeholders as Citizens?

Andrew Crane
Rethinking Rights, Participation, and Dirk Matten
Democracy Jeremy Moon

ABSTRACT. This paper reviews and analyses the


Andrew Crane is a Senior Lecturer in Business Ethics at the
implications of citizenship thinking for building ethical
International Centre for Corporate Social Responsibility
institutional arrangements for business. The paper looks
(ICCSR) at the University of Nottingham, U.K. He has a
at various stakeholder groups whose relation with the
Ph.D. from the University of Nottingham and a B.Sc. from
company changes quite significantly when one starts to
the University of Warwick. He has ten years experience of
conceptualize it in terms of citizenship. Rather than being
teaching and researching business ethics, and has published
simply stakeholders, we could see those groups either as
and spoken widely on the subject. He has written over fifty
citizens, or as other constituencies participating in the
articles, books, book chapters, and conference papers, including
administration of citizenship for others, or in societal
publications in international journals such as the Academy of
governance more broadly. This raises crucial questions
Management Review, Journal of Business Ethics, Journal of
about accountability and democracy in stakeholder rela-
Business Research, and Organization Studies. His current
tions with the corporation. We sketch out the main
research interests include business ethics and organization,
currents informing and emerging from the citizenship
theoretical approaches to corporate citizenship, stakeholder
perspective on firm-stakeholder relations; analyze specific
communication, and organizational greening. His latest book
stakeholder groups and their particular relevance in the
Business Ethics: A European Perspective (co-authored with
context of a citizenship perspective; and conclude with a
Dirk Matten) was published by Oxford University Press in
discussion of the broader implications in terms of building
October 2003.
ethical institutions.
Dirk Matten is a Principal Research Fellow at the International
Centre for Corporate Social Responsibility at Nottingham
KEY WORDS: corporate citizenship, democracy, ethi-
University Business School. He holds a doctoral degree from
cal institutions, participation, rights, stakeholder
Dusseldorf University in Environmental and Strategic
Management. He publishes widely in International Journals
including the Academy of Management Review, Journal of
Business Ethics, Journal of Management Studies, and The
Geneva Papers on Risk and Insurance. He is the 2002 Introduction
winner of the prestigious Carolyn-Dexter Award for Best
International Paper at the 2002 Academy of Management The notions of citizens and citizenship have
Conference in Denver. begun to be increasingly discussed in relation to
Jeremy Moon is a Professor of CSR at Nottingham University corporations, whether in terms of their social role
Business School and the Director of the ICCSR. He has and responsibilities, or their stakeholders. For in-
published widely on a broad range of politics and public policy stance, the term corporate citizenship (CC) has
topics. His interest in CSR was stimulated by his research been in use for some time but has recently gained
into the responses of British business to unemployment and
significant currency in the discourse of business
urban decay in the early 1980s. He has also conducted
ethics (Matten et al., 2003). This has included a
extensive empirical research on CSR in Australia, specifically
regarding unemployment and education. These were the stream of work discussing the citizenship-like
subjects of government reports and submissions to an Aus- behaviors expected of corporations (e.g. Carroll,
tralian Senate committee. His current interests include theories 1998; Andriof and McIntosh, 2001). It has also given
of CSR, CSR and societal governance and comparative rise to an emerging stream of literature either critical
CSR. of these conventional views of CC (e.g. Bendell,

Journal of Business Ethics 53: 107122, 2004.


 2004 Kluwer Academic Publishers. Printed in the Netherlands.
108 Crane et al.

2000) or attempting to set out a more radical agenda specific stakeholder groups shareholders, employ-
for CC thinking (van Luijk, 2001). Most notably, ees, consumers, etc., and their particular relevance
this has involved looking at the role played by cor- in the context of a citizenship perspective. We shall
porations in administering citizenship for individ- then conclude by discussing the broader implications
ual citizens beyond basic stakeholder models (Matten of this analysis in terms of ethical institutions.
et al., 2003). Finally, we have also seen a number of
contributions examining the linkages between no-
tions of citizenship and specific stakeholders, such as Reframing the firm-stakeholder relation a
employees (Manville and Ober, 2003) and con- citizenship perspective
sumers (Danna and Gandy, 2002).
These developments are significant in that they The notion of citizenship has been introduced
alert us to certain important lines of enquiry quite broadly into the business ethics literature in
regarding the relationships between corporations and recent years. Although these are certainly interre-
their stakeholders. Specifically, the main traditions of lated, and not always as distinct as we might expect,
citizenship scholarship centre on three main aspects: we can categorize the three main approaches as
(i) the rights or entitlements of citizenship; (ii) the follows: corporations as citizens; corporations as
processes of participation involved in citizenship; and administrators of citizenship; and stakeholders as
(iii) the democratic context of citizenship. These are citizens. Let us briefly look at each of these in turn.
clearly all directly germane to stakeholder thinking,
in that notions of stakeholder rights, stakeholder
participation, and stakeholder democracy are all
Corporations as citizens
significant elements in the current discourse, and
more importantly in the context of the EBEN 2003
The idea that corporations can be thought of and
conference, have been strongly associated with re-
talked about as though they were in some ways like
cent developments in thinking about the moral
citizens is the underlying, and usually unstated,
quality of the institutional arrangements for business.
assumption in much of the discourse of corporate
This paper reviews and analyses the implications
citizenship, whether this appears in the exhortations
of citizenship thinking for building ethical institu-
of corporate websites or in academic or consultant-
tional arrangements for business. The paper partic-
speak about CC. Here, the suggestion is that cor-
ularly looks at various stakeholder groups whose
porations are legal entities with rights and duties, in
relations with the company changes quite signifi-
effect, citizens of states within they operate
cantly when one starts to conceptualize it in terms of
(Marsden, 2000, p. 11). Consequently, being a good
citizenship. Rather than being simply stakeholders,
corporate citizen has been widely identified as an
we could see those groups either as citizens (which
important criterion for socially responsible business
depend and expect from the corporation the
(e.g. Carroll, 1991).
administration of some of their citizenship rights), or
Citizenship in this context typically implies
as other constituencies participating in the adminis-
membership in a bounded political (normally
tration of citizenship for others, or in societal gov-
national) community (Hettne, 2000, p. 35), and
ernance more broadly. Either way, this raises crucial
would ordinarily be thought of as providing the
questions about accountability and democracy in
corporation with certain rights and responsibilities
stakeholder relations with the corporation. The
towards that community. Much of this writing
central question for us is therefore: what institutional
however has not actually tended to think through
and organizational frameworks are needed to make
the implications or assumptions implicit in thinking
corporations accountable to, and controllable by,
about corporations in such terms. Indeed, as Matten
citizens in the context of particular stakeholder
et al. (2003, p. 113) argue:
relations? In order to answer this question, we shall
first sketch out the main currents presently inform- [C]orporate citizenship just functions as a new, as it
ing and emerging from the citizenship perspective were, combination of letters for certain ideas without
on firm-stakeholder relations. We shall then analyze any serious reflection on the notion of citizenship and
Stakeholders as Citizens? 109

its potentially new meaning. . .. From the analysis of for a corporation in the direct sense (Wood and
the current academic thinking on CC, it would appear Logsdon, 2001). However, Matten et al. (2003,
that this is really just a rebranding or relaunch of extant p. 115) suggest that corporations then enter the
ideas in order to appeal better to business. After all, picture not because they have an entitlement to
there seems to be nothing in the CC literature certain rights as a real citizen would, but as
which is significantly different from the traditional
powerful public actors which have a responsibility to
CSR stance.
respect those real citizens rights in society. The
crucial argument here is that it is corporations rather
Notwithstanding this critique, talking about corpo-
than governments which have increasingly assumed,
rations as though they were citizens does alert us to
shared or even taken over the function of protecting,
questions about what exactly corporations would
facilitating, and enabling of citizens rights for-
need to do or be in order to be legitimately afforded
merly an expectation placed solely on the govern-
such a label. Moon et al. (2003) contend that the key
ment. We only have to look at the examples of
issue here is one of the process of participation that
business involvement in educational and community
corporations undertake in civic affairs and gover-
development programs, or provision of health and
nance. Simply put, crucial aspects of (human) citi-
educational services for workers in developing
zenship relate to participation in political processes.
countries, to see that they play a role in adminis-
This raises questions for us about the forms and
tering social rights. Protection of civil rights can also
norms of participation on the part of corporations in
be seen to have increasingly come under corporate
such processes. Similarly, it also raises similar ques-
influence, particularly in countries with oppressive
tions in relation to other collective entities such as
or unstable regimes such as Nigeria or Burma. And
trade unions, civil society groups, and governmental
evidence of citizens effecting their political choices
organizations. First, is it the case that these stake-
through anti-corporate actions rather than conven-
holders do and should also participate as citizens in
tional political channels, suggests that political rights
societal governance? And second, what role might
too have increasingly entered the corporate sphere
they and other stakeholders have in influencing or
of action.
contributing to corporate participation in gover-
The contention that corporations administer
nance? These are essentially questions about
certain aspects of citizenship for other constituencies
democracy and accountability in societal gover-
obviously has implications for our thinking about
nance.
stakeholders. In one sense, some stakeholders such as
employees, consumers, shareholders, and local resi-
dents are these citizens whose rights are at stake and
Corporations as administrators of citizenship whose fortunes are bound up with the corporation.
In other circumstances, the relationship will be more
Although participation may be the most legitimate indirect. Stakeholders such as civil society organi-
way of thinking about corporations as citizens, the zations and the government are supposed to represent
dominant understanding of citizenship in most citizens interests, and those such as suppliers are
industrialized societies is actually more rooted in the simply involved in the corporate administration of
liberal tradition (Schuck, 2002), which stresses citizens rights. More broadly, although the category
individual rights. Here, according to Marshal (1965), of citizens will include traditional stakeholders such
citizenship is defined as a bundle of rights conven- as employees, customers, or shareholders it will also
tionally granted by governments to individuals. include wider constituencies with no direct trans-
These are: civil rights (freedom from abuses), social actional relationship to the company, such as, for
rights (freedom to enjoy welfare) and political rights instance, civil society actors. Depending on the
(active participation in society). context then, this perspective certainly raises issues
If we analyze the term citizenship from this about the relevance and importance of citizenship
perspective it is, at first glance, somewhat hard to rights for stakeholders. But more fundamentally, it
relate this notion to corporations at all since few if also highlights further aspects of stakeholder partic-
any of these rights can be regarded as an entitlement ipation and democracy, especially given that we are
110 Crane et al.

talking here about corporations taking over what are a more far-reaching citizenship role for stakeholders
hitherto or in other circumstances governmental in building ethical institutions in society.
functions.

Stakeholders: rights, participation and


democracy
Stakeholders as citizens
As we have seen then in this brief review of the
The final way in which citizenship thinking is rel- literature, the relevance of citizenship thinking for
evant for our discussion is in relation to specific stakeholder theory raises several crucial issues the
stakeholder groups, as in consumers or employees or rights of stakeholders/citizens; their participation in
other stakeholders being considered not only as corporate decisions and governance; their participa-
stakeholders, but as citizens in themselves. This may tion in societal decisions and governance; and the
rest on assumptions set out above, namely either that democratic context under which stakeholders di-
stakeholders are citizens, or that they represent citi- rectly or indirectly influence corporations. In the
zens interests. This has been evident in work such following, we will explore these issues and questions
as: Manville and Obers (2003) attempt to develop for different stakeholder constituencies. We will, first
new a model of employee involvement from the of all, have a look at the nature of the citizenship
Athenian model of citizenship; Danna and Gandys rights relevant to a particular stakeholder group. The
(2002) examination of citizens exclusion from par- main focus of our argument, however, will be to look
ticipation in markets and the public sphere through at ways these stakeholders hold corporations
data mining; and Cummings (2001) analysis of accountable and control the administration of these
stakeholder involvement in social accounting using fundamental rights through democratic participation.
Arnsteins Ladder of Citizen Participation.
Thinking about corporations as dealing here with
citizens rather than with simply consumers or Shareholders
employees, etc. brings up several important issues.
One of these is obviously the social, civil, and In an age of pension funds and increased share-
political rights that such citizens might expect to holding, corporations administer a good deal of their
have respected and protected over and above their shareholders property rights, which in Marshals
rights as stakeholders. Significantly though, many of (1965) term can be considered as social rights. In
these studies are at least, if not more, concerned here addition, the rise in ethical investment on issues such
with aspects of stakeholder participation and as armaments, oppressive regimes, and tobacco
involvement in corporate decisions, and the devel- suggests that some shareholders are also exercising
opment of a more open and democratic model of some of their political rights through their share-
governance. As Manville and Ober (2003, p. 48) holdings rather than through the ballot box. This
make clear, this is not just concerned with decisions raises the question of how far corporations are
affecting the stakeholders immediate interests, but accountable for this administration of rights. Further,
about the direction and purpose of the overall it is important to examine the possibilities for
company. shareholders to actually participate in corporate
Considering stakeholders as representatives of decisions and use the leverage of shareholding to
citizens taken us onto even broader concerns. shift companies towards a desired treatment of these
Stakeholders such as governmental and non-gov- rights, and even, the rights of others.
ernmental organizations, trade unions, and consumer Shareholders have a particularly powerful position
associations essentially represent the collective from which to hold the company accountable on a
interests of groups of individual citizens. Under this variety of issues. The notion of shareholder democracy
remit, such groups have participated in the societal is a commonly discussed topic in corporate gover-
and regulatory environment that defines, enables, or nance (Parkinson, 1993, pp. 160166). The basic
constrains acceptable business activity, suggesting idea behind the term is that a shareholder of a
Stakeholders as Citizens? 111

company is entitled to have a say in corporate right to speak in the AGM and at other occasions
decisions.1 where shareholders (and usually only shareholders)
As in systems of mass representative democracy, are allowed to voice their opinions on the com-
given the vast number of shares this influence for the panys policies. Perhaps even most importantly, they
single shareholder is rather small. However, with open the possibility to get broad media attention for
institutional investors or holders of larger share these issues by bringing their voice to the meeting.
packages the situation looks considerably different, In this situation, what we essentially have is a
since they are able to bring their collective share- stakeholder group that adopts the role of a share-
holder power to bear through participation either holder, but does so in a way that potentially provides
formally at shareholder meetings or more informally it with greater leverage.
between these. Nevertheless, the actual ways of Shareholder activism is an established practice but
influencing the board of the corporation and the is most famously associated with the US, for instance
institutions of proxy vary across countries. Moreover, in the campaign to improve race relations at General
since the crucial occasion where shareholders vote is Motors in the 1970s (Carroll and Buchholtz, 2000,
the annual meeting, their power is mainly focused p. 571). In the U.K. it is quite difficult to raise issues
retrospectively. They may or may not approve of the in the AGM as this would need the involvement of
companys activities during the last year, whereas larger institutional investors (Taylor, 2000, p. 174).
their influence on future plans is somewhat limited. There have been some recent signs of their greater
Clearly though, these limitations and qualifica- preparedness to contest company decisions over
tions do not exclude corporations from being executive remuneration and appointments, such as
accountable to their shareholders. Corporations and recently witnessed at GlaxoSmithKline, and at
their managers are (at least in principle) answerable BSkyB (see Crane and Matten, 2004, pp. 191193).
to their shareholders, mainly through the annual There are also a few examples of shareholder activ-
general meeting (AGM) but also through the ism in recent years where NGOs have used share-
shareholders representatives on the board of direc- holdings to challenge corporations on issues such as
tors. In empowering shareholders to exert power treatment of indigenous populations, pollution, or
over the corporation, a crucial role also falls to the animal testing. The most prominent example in re-
annual report, since this is the main vehicle through cent years is probably the decision by the construc-
which shareholders learn about their company. tion firm Balfour Beatty to abandon the Ilisu Dam
There are, however some important issues to be Project in Turkey, which is credited to a great deal
considered when extending this to incorporate social to shareholder activism by the campaigning group
and ethical considerations, including the scope of the Ilisu Dam Campaign (see Crane and Matten,
activities (it is one thing to say that corporations 2004, pp. 445448). Embedded in larger campaigns,
need to answer for their financial performance, but it the filing of shareholder resolutions, talking at annual
is quite another to suggest that they need to also be meetings or even filing law suits as a shareholder can
accountable for all sorts of other social impacts) and be very effective ways of making corporations
the provision of adequate information (standards of change their behavior. Clearly though, this is only an
social reporting are still relatively under-developed option for reasonably wealthy individuals as -
and are non-mandatory). depending on the legal system - a certain amount of
Probably the key issue here though is the po- shares is necessary to attain visibility and influence.
tential mechanism for change open to shareholders The second main mechanism, ethical investment, is
concerned about social and ethical issues. The op- more removed from the corporation and certainly
tions open to shareholders here broadly fall into two less active than confronting managers head-on in
categories: shareholder activism and ethical investment AGMs. However, with the general public apparently
(Sparkes, 2001). The first of these suggests that one getting increasingly concerned about corporate
of the potential levers with which to make corpo- accountability, a large and rapidly growing body of
rations accountable for their ethical behavior is to shareholders has emerged who specifically include
make positive use of the rights of shareholder ethical concerns into their investment decisions
democracy. The most important right here is the (Rivoli, 1995; Taylor, 2001). According to Cowton
112 Crane et al.

(1994), ethical investment is the use of ethical, social, including aspects of health and safety, fair wages,
and environmental criteria in the selection and education, etc. This is particularly the case in
management of investment portfolios, generally developing countries where governments have
consisting of company shares. Investors can either proven unwilling or unable to protect such rights,
exclude certain companies with undesired features leaving it open to the discretion of corporations.
(negative screening) or adopt companies with certain This raises questions about the mechanisms of
desired features (positive screening). Besides invest- influence open to employees to shape this provision,
ment brokers and portfolio management companies, including models of employee participation and
the key actors in ethical investment are funds that co-determination (Ferner and Hyman, 1998).
offer investment opportunities in company shares The recognition that employees might be more
complying with certain defined ethical criteria. In than just human resources in the production pro-
2002, there were nearly three hundred such funds in cess has given rise to the claim that employees should
Europe, although they accounted for less than one also have a certain degree of influence on their tasks,
per cent of the total stocks managed by European their job environments, and their companys goals
funds (Anon, 2002). i.e. a right to participation (see Cludts, 1999; Clay-
Ethical investment is quite a striking example for don, 2000). The key issue at a practical level is not so
what we referred to at the beginning of this section as much whether at all employees should have a right
shareholder democracy. By allocating their invest- to participate in decisions, but rather to what degree
ment to corporations which comply with certain this should take place. There are two main areas to
ethical standards, investors not only have some which a right to participation expands (Kaler, 1999):
influence on the companys policy but they also set (i) Financial participation allows employees a share
incentives for other companies to review their poli- in the ownership or income of the corporation.
cies. Increasingly, analysts and investment firms Traditionally co-operatives have been thought of as
question companies on their ethical policies, as the the main mechanism enabling such participation.
existence of ethical funds has proven to be not just Some recent initiatives predicated on (partly)
simply a new niche in the market, but has raised remunerating employees with shares or share options
attention to a previously ignored issue. As Rob have also tried to work into this direction.
Hardy, an asset manager from the Investment Banker (ii) Operational participation occurs at a more
JP Morgan Fleming in London puts it: we monitor practical level, and can include a number of different
the environmental and social profiles of the compa- dimensions. Starting with delegation of tasks, often
nies we invest in and adopt an engagement approach labeled as job enrichment or job enlargement
with the worst performers. I like to think were schemes, operational participation may also include
waking companies up to these issues. (Cowe, 2002). the provision of crucial information on the company
Interestingly some investment funds also use rating or even consultation in decisions that have a signif-
agencies (e.g. Ethibel), which collect data on corpo- icant impact on workers lives. The strongest form
rations social and environmental performance, often would be co-determination where employees have a
in conjunction with their own stakeholder networks. full and codified right to determine major decisions
This is akin to human citizens using pressure groups in the company. This is the strongest form of par-
and think-tanks to evaluate governmental perfor- ticipation and would include decisions about the
mance. Ultimately, ethical investment obviously has strategic future of the corporation, such as mergers
an ongoing disciplinary effect on a wide range of or diversification into new markets (Ferner and
companies, mainly because unethical behavior makes Hyman, 1998).
them less attractive for a growing number of investors. Internationally, there is still quite a variety with
regard to the degree of participation allocated to
employees. Whereas employees in Britain, for in-
Employees stance, mostly learn from the papers if their jobs are
on the line, Swedish or French companies usually
Corporations have a strong influence on the cannot take these measures without detailed com-
administration of social rights of their employees, munication, consultation, and agreement with
Stakeholders as Citizens? 113

employees. In many such countries, there is a quite able to tame, neutralize, or subvert systems of em-
extensive body of legislation that focuses on the ployee representation, especially at a workplace le-
representative organization of the workforce. Con- vel. In Germany, for instance, they argue that the
sequently, many of these participatory rights are not company successfully managed to avoid collective
practised by employees directly but by their repre- agreements for eighteen years, and continues to resist
sentatives in works councils, trade unions, or other works councils. This illustrates the pivotal position
bodies. With converging legislation and a constant of corporations structuring stakeholder citizenship
extension of the EU, there is reasonable ground for even in polities, which aspire to ensure these.
expecting future convergence of legislation regard- The rights of workers to participate and associate
ing worker participation, as the example of Euro- therefore remain crucial issues for corporations,
pean Works Councils illustrates (Ferner and Hyman, especially when moving to countries where the
1998). legislative framework is different from at home. The
The European model of capitalism branded as motivation, however, does not only have to come
Rhenish Capitalism2 by Albert (1991) appears to from concerns about compliance with legislation or
consider the interests of employees to a greater de- issues of fairness and equity. Increasingly, in modern
gree than the Anglo-American model. The key organizations participation at least has been identi-
concept in this context is the idea of codetermina- fied as a means to enhance workers efficiency,
tion, which describes the relationship between labor especially when jobs ask for flexibility and creativity
(employees) and capital (shareholders) in Europe, on behalf of the employee (Collier and Esteban,
namely that both parties have an equal say in gov- 1999). Ultimately though, the rights to participation
erning the company (Ferner and Hyman, 1998). In and association within a company follow a similar
Germany and France, in particular, this has resulted line of argument to that concerning participation of
in a very strong legal position for workers, works citizens in the political process (Ellerman, 1999).
councils, and trade unions. So for instance, in Ger- Corporations have power over one of the most
man companies in the metal industry, half of the important areas of an employees life, namely their
supervisory board consists of employee representa- economic prospects. Consequently, the principles
tives and the executive board member for personnel of a democratic society can be applied to participa-
has to be appointed by the workers directly. Con- tion in the firm. This is usually through a repre-
sequently, the employees and their rights tend to sentative body of some kind such as a trade union.
be far better protected than where shareholders are Trade unions may also allow employees some
regarded as the most important group. degree of indirect participation in broader issues of
Given the important role for works councils and societal governance, for instance through union
trade unions in facilitating the right to participation, involvement in developing workplace standards and
we must also consider here the underlying question regulation.
of whether employees have a right to join together
in such organizations. The crucial factor here is that
without a right to associate, employees often lack an Consumers
effective form of representation of their interests to
employers, leaving them in a far weaker position Corporations predetermine a considerable scope for
than management in bargaining over pay and con- the exercise of consumers citizenship rights, such as
ditions. Such rights are in fact enshrined in many by denying them access to certain products, or en-
parts of continental Europe, especially France, Ger- abling freedom of expression. The role of corpora-
many and the Netherlands, although far less so in tions actually pertains to all three citizenship rights
countries such as the U.K. and U.S. Still, even for consumers. In the area of social rights, corpora-
where rights to associate are legally protected, tions provide an increasing amount of services,
companies may seek to obstruct or avoid them. For which in developed countries have long been linked
example, Royle and Towers (2002) illustrate how, to the welfare state. Corporations administer civil
in the fast food industry, companies with a strong rights as they shape the freedom to engage in mar-
anti-union stance such as McDonalds have been kets by shaping the offer of goods and services as well
114 Crane et al.

as influencing consumer preferences through by corporations, with consumers using the lever
advertising. Moreover, consumption decisions are of the all-important corporate reputation to effect
also increasingly framed by consumers as political social change. Although we would qualify these
votes on corporate policies or a step further on developments as gradual, and partial, still leaving
social and political issues for which the company considerable leverage in the traditional mechanisms
assumes a representative or symbolic role. of the electoral process, this shift takes ethical con-
Obviously, the main mechanism of influence open sumption away from merely being a way for con-
to consumers is the market. Indeed the basic idea of sumers to assuage their consciences, towards active
consumer sovereignty, which underlies much neo- participation in making social and political choices.
classical economic thinking, suggests that consumers The connection between consumers, corporations,
have power over producers. Ostensibly, they express and these traditional governmental issues expands
their needs and desires as a demand, which firms the significance of corporations in providing an
subsequently respond to by supplying them with the arena for citizenship.
goods and services that they require. This idea is also In the absence of better ways to make citizens
the basis for conceptions of ethical consumption, views heard, ethical consumption is certainly a po-
which suggests that consumers to some extent can act sitive phenomenon. However, there are also limits to
as a social control of business (Smith, 1990). If con- the consumers influence on corporations. First,
sumers demand improved business ethics through the however socially responsible they may be, the mo-
market, then business might be expected to listen and tives of corporations will always be primarily eco-
respond (McWilliams and Siegel, 2001). Hence, the nomic rather than moral. Hence, their attention to
consumer is effectively using their purchases as votes social concerns will always be driven by market ap-
to support or criticize certain business practices rather peal. As in mass representative democracies, minority
than using the ballot box to vote for political solu- interests or unattractive causes are likely to be ig-
tions through government and regulation. This is nored or pushed aside. Market choices are also
significant since the corporation then begins to act as predicated on an ability and willingness to pay on the
a conduit for the exercise of consumers political part of consumers. If consumers decide they no
rights as a citizen. longer want to pay extra for these ethical accesso-
As Hertz (2001b) has noted, increased political ries, or if they can no longer afford them, they
apathy has taken hold in many European countries, will be dropped or firms will reduce costs. Moreover,
the U.S. and elsewhere, yet consumer activism ap- if purchases are votes then the rich get far more
pears to be on the increase. As she contends (Hertz, voting power than the poor. The market is hardly
2001b, p. 190), . . . instead of showing up at the egalitarian in the way that democratic elections are.
voting booth to register their demands and wants, Finally, notwithstanding the practical limits in con-
people are turning to corporations. The most effec- sumers ability to gain information, compare between
tive way to be political today is not to cast your vote alternatives, choose a viable alternative etc. (see
at the ballot box but to do so at the supermarket or at Smith, 1995) the market appears to offer little real
a shareholders meeting. Why? Because corporations opportunity for true consumer participation in cor-
respond. For example, when the public registered porate decisions. Choosing between alternatives,
their concerns about the health value of GM foods, deciding not to purchase, or even offering opinions
governments across Europe did little, yet many major to a market researcher all fall far short of genuine
supermarkets soon removed the products from their participation. Corporations may listen to consumers,
shelves. The Cooperative Society even solicited but usually only within the closely circumscribed
consumer opinion on this question, thereby creating ambit of market preferences.
a citizenship opportunity for these stakeholders to
inform the company policy (CWS, 1995).
Food safety regulation, child welfare, and Suppliers
oppressive regimes have traditionally been issues
dealt with by governments. In Hertzs (2001a) As corporations themselves, the issue with suppliers
words, such issues have undergone a silent takeover is less about their citizenship rights (since again,
Stakeholders as Citizens? 115

suppliers as with any other corporation cannot really supply chain pressure can be an effective form of
be said to enjoy rights to citizenship), but more regulation on these companies. Although this is not
about their participation in corporate efforts towards regulation in the formal sense of ensuring compli-
societal governance. Hence, one of the most crucial ance with government legislation, the pressure ex-
areas where corporations enter the realm of citi- erted by powerful corporate customers to comply
zenship and begin to take on formerly governmental with ethical sourcing guidelines and criteria does
roles is in the ethical regulation and control of their constitute strong and indeed often very effective
suppliers. This can be mainly seen to happen regulation of supply chain members (Cashore,
through the supply chain, via a process known as 2002). The threat of losing business or being de-
ethical sourcing, namely when a supply chain member listed by a major customer can act as a powerful force
introduces social and environmental criteria into for change, particularly when the threat is shown to
their purchase decisions in order to support certain be more than just an idle one. In particular, when
practices and/or suppliers. Although far from com- competitors within an industry collaborate to intro-
prehensive, increasing numbers of European com- duce ethical guidelines for suppliers, it is often dif-
panies now include some criteria of this kind into ficult for the suppliers to avoid compliance.
their purchasing policies and agreements, although This kind of pressure on suppliers can effect fur-
most tend to focus almost exclusively on environ- ther change through the supply chain, and even into
mental issues (Young and Kielkiewicz-Young, the wider business network. This is because not only
2001). are suppliers own suppliers often involved in any
There appear to be two main ways in which firms progress towards compliance with ethical sourcing
can effect such control of their suppliers (see Win- guidelines (and in turn their suppliers, and so on), but
stanley et al., 2002). First, disengagement which in- competing suppliers also have a chance to gain
volves the setting of clear standards for suppliers (e.g. a business if they have the right ethical policies or
code of conduct) coupled with a means for assessing accreditations. Hence, a purchasing multiplier ef-
compliance with those standards (such as an ethics fect can be set in motion which has the potential to
audit). Failure to meet standards in the short to med- achieve social change more quickly and thoroughly
ium term will result in disengagement by the company than any other single activity that a particular firm
in order to do business elsewhere. Reeboks zero could undertake (Preuss, 2000).
tolerance policy on child labor is illustrative of this The mechanism by which ethical sourcing works
approach (Winstanley et al., 2002). Second, engage- is very much the same as the process of ethical
ment which also involves setting standards and com- consumption except here it is a corporation (or
pliance procedures, but tends to rely on longer term group of corporations) that is the customer, not an
aims together with incremental targets in order to individual person. This obviously constitutes a
foster a step-by-step approach to improving standards. concentration of buying power far in excess of that
Here, the firm is likely to work with other businesses wielded by individual consumers. This is particularly
to achieve improvements. Whichever strategy an pronounced when it is not just solo firms intro-
organization adopts, an ethics code, or supplier code ducing ethical sourcing criteria, but whole groups of
of conduct is likely to play an important role. competing firms joining together in a coalition to
Studies have shown that supply chain pressure has address the problem. Such industry alliances can take
been a key factor in prompting firms to seek various a number of forms, from setting up supplier codes of
social and environmental certifications of one sort or conduct, to systems of supplier auditing and evalu-
another, even if they are not necessarily perceived as ation. Frequently, they also involve pressure groups
intrinsically valuable.3 These include accreditations or government agencies as advisors or even managers
such as the staff training and development award, of the programme. Either way though, the partici-
Investors in People (Ram, 2000) and the environ- pation of suppliers in such programmes appears to be
mental quality standard, ISO 14001. In the absence very limited, with the emphasis apparently more on
of specific or insufficient legislation in suppliers enforcing certain supplier behaviors rather than
countries, or more usually, where there is simply involving them in democratic corporate governance
weak enforcement of existing legislation, this kind of programmes.
116 Crane et al.

A slightly different form of ethical sourcing, where process is sometimes known as civil regulation (Zadek,
organizations seek in particular to improve the 2001).
prospects and involvement of suppliers, is fair trade. In a sense then, CSOs act like proxies or re-
The aim of the fair trade movement is to foster the presentatives for citizens, similar to the role of
protection and empowerment of growers as well as to parliament and its members in a (democratic) gov-
encourage community development by guaranteeing ern-mental context. Furthermore, in effecting civil
minimum prices and conditions (Brown, 1993). This regulation, CSOs sometimes participate in the pro-
is effected through the application, monitoring, and cess of governance itself, either in conjunction with
enforcement of a fair trade supply agreement and corporations, in opposition to corporations, or
code of conduct typically verified by an independent alone. This is particularly evident when CSOs work
social auditing system operated by a national body together with corporations to introduce forms of
such as the FairTrade Foundation (U.K.), Max civil regulation, such as workplace standards and
Havelaar (The Netherlands) or Reilun Kaupan other codes of conduct because here there is often
(Finland). As a result, growers are prevented from a relatively significant degree of CSO participation.
sinking into poverty at the whim of commodity Ultimately, however, given that CSOs essentially
markets. Products such as filter coffee, chocolate bars, act on behalf of third party interests, the question of
and bananas sourced and produced according to the the accountability of CSOs themselves is also a
strict fair trade conditions are permitted to use a fair crucial one. This issue has been raised with
trade label, indicating to consumers that growers increasing regularity in recent years (Hilhorst, 2002).
have received a fair price and been afforded decent This is perhaps not surprising when one considers
conditions and community support. Many growers that they have often been the parties most vocifer-
involved in the fair trade system organize into local ously questioning the accountability of corporations.
co-ops in order to ensure that the benefits are shared Questions about CSO accountability have largely
appropriately and so that community development mirrored the same questions that have been raised in
can be promoted (Brown, 1993). relation to corporations. For example, who exactly is
an organization such as Greenpeace supposed to be
serving? Are the interests of its managers aligned
Civil society organizations with those of its principal constituents? To what
extent and to whom is Greenpeace responsible for
Civil society organizations (CSO), namely pressure the consequences of their actions? This suggests that
groups, non-governmental organizations (NGOs), we can conceptualize CSO managers as agents for a
community organizations and other civil actors play broader collective of civil society principals in the
an important role in holding corporations account- same way that we do for corporate managers and
able for the way they administer citizenship rights. shareholders (see Doh and Teegen, 2002). Likewise,
For example, CSOs may co-ordinate boycott actions we can model CSOs as representative of different
or other forms of direct or indirect action against stakeholder interests just as we can with corporations
corporations. At one level, this may help consumers (e.g. Hilhorst, 2002).
to exercise their own political rights. For example, Given such a range of stakeholders, issues of
while governments across the world stalled on accountability, participation, and democracy are
applying sanctions to Burma, the threat of a high clearly quite complex. Still, it is in fact the
profile boycott orchestrated by the Free Burma accountability of CSOs to their supposed benefi-
Coalition encouraged major multinationals such as ciaries that tends to raise the most debate. A number
Philips, Heineken, C&A, and Carlsberg to pull of problems are evident here (see Ali, 2000; Bendell,
out of the country (Hertz, 2001b). At another level, 2000; Hilhorst, 2002), including:
CSOs may attend to the social and civil rights of
the citizens ultimately affected by such campaigns. CSOs in developed countries purporting to
The above example of Burma is also evidence of represent the interests of people in the deve-
a CSO attempting to protect the social and civil loping world have been accused of imposing
rights of workers under an oppressive regime. This their own agendas on local people without
Stakeholders as Citizens? 117

adequately understanding their situation and enable business activities to ensure that citizens
needs. rights are protected.
The participation of beneficiaries in agenda Recently however, we have witnessed the emer-
setting, defining priorities, and making strategic gence of quite significant innovations and new styles
decisions is often limited. of regulation used to enact this role. Specifically, the
The need for financial support and other re- new regulatory approach usually includes business (as
sources can focus CSOs interests on donors well as other actors) in the regulatory process itself.
priorities rather than those of their intended And because regulation is essentially about creating
beneficiaries. rules to benefit society, this inevitably involves cor-
Beneficiaries typically lack effective mecha- porations more heavily in the administration and
nisms to voice approval or disapproval of CSO protection of citizen rights, and presupposes business
performance. participation in governing.
There is a plethora of different labels by which this
In some ways then it would appear that many new trend in regulation is described. The most
CSOs have tended to be equally as inattentive to common one would be self-regulation (Doyle, 1997),
issues of participation and democracy as many cor- sometimes known as reflexive regulation (Orts,
porations have. Given their largely positive impact 1995). Here, the central idea is that the actors are
on society, their moral orientation and compara- involved in setting up the very regulation that they
tively high levels of popular trust, it could be argued themselves will be subsequently affected by. A typical
that perhaps these issues are less crucial. However, example here is the regulation of financial markets in
given the growing importance of their role in society the U.K., which is handled by the Financial Services
in general, as well as their involvement in business Authority a self-regulating industry body rather
specifically, these questions are only really likely to than a government organization. Other forms of self-
gain in significance otherwise they will be accused regulation include codes of conduct and programmes
of power without responsibility. dedicated to enforcing them such as the Marine
Stewardship Council (MSC) or the Ethical Trading
Initiative (ETI).
Governments This then is closely related to the idea of privati-
zation, since regulation is no longer a task only for
In our review of citizenship and stakeholders, we public (government) actors, but for private
suggested that issues of citizenship rights and par- actors such as industry associations and CSOs
ticipation typically arose when businesses (or their (Ronit, 2001; Knill and Lehmkuhl, 2002). More-
stakeholders) became involved in functions and over, much of this regulation is voluntary in that
processes, which in other circumstances, particularly business gets involved in these regulatory processes
in democratic welfare states, are carried out by not because they are forced by government, but
governments. This becomes particularly visible, because they see it as being in their own self-interest
though somewhat complicated, in the context of (van Calster and Deketelaere, 2001). Regulation
the government as a stakeholder of corporations. might therefore be regarded as softer and more
Unlike many other stakeholders, such as share- flexible, since it can adjust reasonably easily to new
holders, employees, or suppliers, government in circumstances, issues, and actors (Martnez Lucio and
principle represents an entire community, since it Weston, 2000). One example here is the 1996
claims authority and in democracies is elected by the amendment to the U.K. Occupational Pensions
citizens of towns, regions, countries, or in the case of Schemes (Investment) Regulations which required
the EU, groups of nations. In this respect, govern- pension funds to disclose how they take account of
ments are similar to CSOs in that they administer social, environmental and ethical factors in their
and represent the interest of a wider community. In investment decisions from 2000 onwards. This does
this role as the elected representative of citizens not require any particular behavior other than to
interests, government mainly defines the conditions report but, thereby, encourages greater responsibility
for the license to operate of business, and constrain or through the requirement for transparency, which
118 Crane et al.

again encourages businesses to be explicit about their citizenship terms: in which ways citizenship rights
social responsibility. translate into the purview of corporate decision-
There are a number of reasons why these new making; in what fashion their participation in corpo-
forms of regulation have emerged. According to van rate and societal governance might take place; and to
Calster and Deketelaere (2001), the main goals for what extent this lends itself to sustaining a democratic
those trying to introduce new types of rulemaking context for the enactment of citizenship in relation
in this area are the encouragement of a pro-active to corporations.
approach to social and environmental issues from The issue of citizenship rights for stakeholders
industry, cost-effectiveness and faster achievement of certainly extends the notion of relevant rights be-
objectives. However, as Orts and Deketelaere (2001) yond those typically considered in a stakeholder
point out, on the national level this innovative ap- context. When discussing the relationship to share-
proach to regulation is foremost a European ap- holders, we identified quite a substantial influence of
proach, and one that has only fairly recently been corporations over civil rights, most notably the right
adopted in other parts of the world and, most nota- to property of this constituency. We then surveyed
bly, on the global level. In particular, then, it has been various employee rights corporations have to
countries such as France, Germany, and the Neth- administer, many of which touched on their social
erlands that have been among the early adopters of and civil rights. Corporations often provide an
this approach on the national level since the 1970s. additional channel for consumers and CSOs to ex-
It would appear that the whole area of business press their political preferences without going to the
involvement in self-regulation is multifaceted, multi- ballot box. Corporate and civil society involvement
level, and highly dynamic. That business is involved in lobbying, as well as self-regulation and voluntary
in regulation is clear thereby providing support for codes of conduct, further underline their role in
the argument that corporations have increasingly areas that, in other circumstances, would be occu-
become involved in the protection (or otherwise) of pied by governments. Similarly, if a large corpora-
citizens rights. In discussing various actors in the tion requires certain ethical standards from its
field of regulation though, it is apparent that the suppliers, such as environmental quality or human
roles of business and government have increasingly rights, they have considerable power to shape the
become inseparable. In terms of governments role as manner in which citizenship rights of third parties
a stakeholder of business then, it seems to be moving are enacted.
from one of dominating the rule-setting process, to It remains an open and debatable question in
one of accommodating corporate participation in its how far these institutional settings actually allow
sphere of activities. Hence, we might further con- for effective and democratic control of corpora-
tend that since the government acts as a represen- tions by stakeholders. The main criticism and limi-
tative of citizens interests, citizens have a right to be tation of stakeholders democratic influence
informed about governmental decisions with other on corporation lies in the fact that most institu-
constituencies (such as business), and to be able to tions used for that purpose were originally created
determine whether it is acting in their interests or for other purposes. Particularly in the cases of
not. The relationship between business and gov- shareholders and consumers, obviously the main
ernment therefore has also to answer the criterion of leverage is the market where these stakeholders ei-
accountability. The problem here is not so much ther provide their consent or retract it in case they
corporate accountability to its stakeholder (i.e. disapprove of the corporation. This mechanism,
government), but the accountability of both parties does not, however, always function as perfectly as
to society about their relationship. economists tend to assume. As in representative
democracy it normally takes a very large number of
consumers or shareholders to inform corporate
Implications and conclusions behavior and as the huge number of boycotts shows,
not all of these consumption decisions/votes of
Our analysis has shown in which areas stakeholders consent have been overly effective in the past
relations with corporations can be understood in (Friedman, 1999).
Stakeholders as Citizens? 119

Furthermore, there is the issue of representation. more that they are actively participating in rule
If the market is the mechanism for controlling the setting and other forms of governance, supposedly in
administration of stakeholders rights, or participat- the name of their member citizens.
ing in corporate or societal governance, what are the An interesting intermediate form of those three
options for those stakeholders who lack the financial institutions is the emergence of corporate self-reg-
resources to influence the corporations by means of ulation or civil regulation. These approaches are
shareholding or consumption? If we accept the partly initiated by market pressure, partly by po-
market as the sole means of controlling corporations, tential regulatory moves of governments and in
only a rather small number of stakeholders will be many cases rely on the involvement of third parties,
able to offer voice and exert their influence. most notably CSOs. The advantage of self-regula-
The second main institution, apart from the tion is the enhanced flexibility of corporations to
market, is the legal framework of corporate activi- react to differing and new stakeholder demands and
ties. Most notably the regulations about corporate rights. Furthermore, the process of participation is
governance are centre stage in this context. This quite often part of the regulatory process, which
partly pertains to the way that markets are regulated, frequently includes negotiation between the parties
but particularly focuses on the legal position guar- affected.
anteed to certain stakeholder constituencies. This is Finally, an important element of ethical institu-
particularly evident with regard to employees: the tion building consists of the cultural system of a
extent to which they are granted control and to certain country. More collectivist and feminine
which corporations have to be accountable to them cultures to use Hofstedes (2001) terms would
or their proxy institutions is in large parts deter- encourage ethical institutions that embed corpora-
mined by the legal framework of a country. We tions deeper in societies than those cultural contexts
briefly discussed some of the differences here, sug- that are more individualistic. This particularly per-
gesting different models of capitalism across and tains to the collaborative regulatory approaches we
outside Europe, as well as country-specific varia- discussed. As Donaldson (2001) argues, different
tions. The main limitation, however, of this insti- nations have different inherent cultural tendencies
tution for sustaining stakeholder participation and [that] make a society more likely to succeed with
control is the fact that corporations can quite easily democratic institutions (pp. 2526). We would
circumvent national legislation in a global economy. argue that these factors play a particular role in
Not only are countries reluctant to impose too much providing the basis on which innovative institutional
unfavorable legislation for fear of discouraging arrangements for corporate accountability and
investment and employment opportunities, but also stakeholder control can grow. This pertains partic-
corporations are able to locate their investment in ularly to different forms of participation of citizens
part according to the amount of legislation and (turned stakeholders) in societal government along-
control imposed over their operations. side with co-operations. As Moon et al. (2003) have
An important third factor in the plethora of eth- shown, participation is enabled and institutionalized
ical institutions for stakeholder control are civil differently in different models of democracy. Some
society organizations. In the history of stakeholder of these differences, we argue here, are part of the
activism, they arguably have had the most substantial cultural fabric of a country and will thus shape
influence on corporations in the past. Their main modes and intensities of stakeholder participation.
leverage, however, is publicity and their capacity to The latter reflections shed an interesting light on
mobilize public attention and subsequently public recent developments in business-society relations on
pressure on corporations or governments. An ele- the global level. The most recent innovation here,
ment of concern, however, is their legitimacy and the UN-Global Compact (for a recent overview see
accountability to those constituencies of stakeholder McIntosh et al., 2003) aims at institutionalizing
whose interests they supposedly advocate. The relations between firms and stakeholders particularly
legitimacy question increases now that CSOs are beyond the institution of laws and regulations.
getting more constructively and cooperatively in- Having witnessed more than three decades of rela-
volved with corporations and governments, and the tively unsuccessful experimenting with codes of
120 Crane et al.

conducts or other forms of transnational legislation, stretch these relationships much further. Moreover,
the UN has now deliberately chosen a different democratic conceptions of citizenship in the age of
institutional lever. Building on a mix of market welfare states (Marshall, 1965) were predicated upon
pressure (or rather peer pressure at the moment), assumptions that the state could coordinate activities
NGO involvement, and trust in corporate intent to to deliver social, political, and economic rights,
behave ethically, the Global Compact institutional- which, in turn, earned the citizens loyalty. In such
izes specific forms of corporate participation in polities, the relative exclusivity of citizen loyalty and
governing, most notably in the form of multi- government responsibility made for much simpler, if
stakeholder based Learning Forums and Policy thinner, lines of accountability than the corporations
Dialogues. Though the Global Compact is still a stakeholder relations afford. Similarly, membership of
fairly new venture, one could argue that more one or very few political systems enables the demo-
accountable corporate governance of stakeholder cratic citizen a reasonable capacity for participation
interests and rights will increasingly focus on an without intruding on their other activities (e.g.
institutional level beyond (nation-state-based) gov- employment, gardening, reading, family life, etc.). In
ernmental legislation. This coincides with the recent a similar vein, they enable organized interests such as
growth in new CSOs active on the global level to industry associations and CSOs to organize their af-
tackle some of the negative side effects of economic fairs in respect of the governmental authorities pre-
globalization. The expectation then would be that siding in a small number of polities. There are
corporations can expect to face still quite a plethora questions about how stakeholders of multiple corpo-
of new forms of stakeholder representation inter- rations as well as of governments can emulate
acting with corporations on platforms beyond the these levels of engagement. These, though, are
institutional setting firms are familiar with at present. questions for further consideration.
Introducing the metaphor of citizenship (Moon
et al., 2003) to the relationships between corpora-
tions and their stakeholders has clearly illuminated
issues of, and opportunities for, new forms of Notes
stakeholder rights and participation in corporate 1
behavior. However, several questions require Paradoxically in this context, the fear of corporations
empirical and theoretical attention. Perhaps the most being unaccountable to shareholders is precisely what
inspired Friedmans (1970) caution against corporate
central one concerns the extent to which, and ways
managers the agents developing social responsibility
in which, the metaphor can be maintained if cor-
policies without the authority of the shareholders the
porations are regarded as metaphorical govern- principals.
ments in relation to their stakeholder citizens. 2
This alludes to the fact that the heartland of this
Most obviously, whereas humans may be citizens in approach lies particularly in those countries bordering the
between, say, one and four polities (e.g. local, state/ river Rhine: France, Germany, The Netherlands, Swit-
regional, national, supranational), in their role as zerland, and Austria. In a broader sense though, key
shareholders, consumers, and suppliers they may be features of this capitalist approach can also be traced in the
citizens of multiple corporations. Scandinavian countries as well as in Italy, Spain or
This raises questions about the corollaries of citi- Portugal.
3
zenship rights and opportunities, namely: obligations Incidentally, this mechanism equally applies to govern-
and duties. In the Athenian model, citizenship was an ments as a (in many economies even the) major purchaser.
There are numerous examples in various European
exclusive relationship that explicitly included the
countries where governments have used their purchasing
duty to defend the polity. Although federalism,
power to impose certain ethical and environmental
regionalism and international integration may have standards on their suppliers. In effect then, government
problematised this exclusivity such that, for example, appear in a double role here: it is a stakeholder of the
taxes may now be paid in two or three polities, the corporation (see Section Governments below) but it
relationships that stakeholders have with tens and can also be seen in a similar role to corporations, in that it
even hundreds of corporations in market societies, may apply analogous mechanisms to its stakeholders
where choices for exit are foundational, clearly (Mitchell, 1990), here, namely, suppliers.
Stakeholders as Citizens? 121

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