Cui bono, benefit corporation? An experiment inspired by social enterprise legislation in Germany and the US

Sven Fischer, Sebastian J. Goerg, Hanjo Hamann

Research output: Contribution to journalArticlepeer-review

7 Scopus citations

Abstract

How do barely incentivized norms impact incentive-rich environments? We take social enterprise legislation as a case in point. It establishes rules on behalf of constituencies without institutionalized means of enforcement. By relying primarily on managers' other-regarding concerns while leaving corporate incentive structures unaltered, how effective can such legislation be? We ran a laboratory experiment with a framing likened to German corporate law which traditionally includes social standards. Our results show that a stakeholder provision, as found in both Germany and more recent US regulation, cannot overcome material incentives. Yet even in the absence of adverse incentives the stakeholder duty does not foster other-regarding behavior. Our experiment illustrates the paramount importance of taking into account both incentives and framing effects when designing institutions. We tentatively discuss potential policy implications for social enterprise legislation and the stakeholder debate.

Original languageEnglish
Pages (from-to)79-110
Number of pages32
JournalReview of Law and Economics
Volume11
Issue number1
DOIs
StatePublished - 1 Mar 2015

Keywords

  • benefit corporation
  • corporate law
  • experiment
  • social enterprise
  • stakeholder value

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