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Unit of study_

LAWS6140: Corp Soc Responsibility: Theory/Pol

Intensive May, 2024 [Block mode] - Camperdown/Darlington, Sydney

Today there is an apparent consensus in favour of corporate responsibility, as reflected in instruments such as ASX Principle 3 (Act ethically and responsibly), but behind the appearance of consensus lie difficult questions of principle, policy and practical application. This unit aims to equip participants to engage in a sophisticated manner in the analysis of such questions. The seminar is organized around two broad themes. First, the seminar will examine corporate responsibility in the traditional sense of the consideration that corporations may be expected to give to the impact of their activities have on society, even as they strive to earn profits for their shareholders. Topics include environmental responsibility, corporate philanthropy, and the respective roles of directors, managers and shareholders. Second, the seminar will deal with current debates about the rights and responsibilities that arise from corporate personhood, including those concerning corporate criminal responsibility, corporate political participation, and the status of corporations under international law. Participants will learn to work with relevant primary and secondary legal materials, including materials from selected foreign jurisdictions, especially in North America. They will also become familiar with the conceptual tools available from various interdisciplinary perspectives (e.g., law, economics, philosophy, politics) for analysing problems of corporate responsibility. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

Unit details and rules

Unit code LAWS6140
Academic unit Law
Credit points 6
Prohibitions
? 
None
Prerequisites
? 
None
Corequisites
? 
None
Assumed knowledge
? 

None

Available to study abroad and exchange students

No

Teaching staff

Coordinator Jason Harris, jason.harris@sydney.edu.au
Lecturer(s) Ulysses Chioatto, ulysses.chioatto@sydney.edu.au
Type Description Weight Due Length
Presentation group assignment Class presentation-group exercise (20%)
One group exercise per class based on hypothetical scenarios
20% Ongoing 4 x student group exercises
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Small continuous assessment Discussion board submissions (20%)
A 500 word submission posted on Canvas discussion boards for each class
20% Ongoing
Closing date: 12 Apr 2024
2,000 words
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Assignment Final assignment (60%)
Students will complete an assignment based on hypothetical scenarios.
60% Week 03
Due date: 03 May 2024 at 18:00

Closing date: 10 May 2024
4000 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
group assignment = group assignment ?

Assessment summary

Class Presentation – Group Exercise (20%): 4 x student group exercises with specialised scenarios based on structured set questions to be completed on each day of intensive classes. This is a group exercise and the exercise question will be posted on Canvas before the class. There will be one Group Exercise for each class (4 in total). Groups will be allocated by the Lecturer. If a student receives special consideration for this task, the best mark for the other Group Exercises will be used. 

The assessment is based on the group's performance as a whole and the same assessment mark will be given for each group member which will reflect the level of collaboration and individual effort against all the Learning Outcomes as evident during the presentation.

Your final mark will be the best mark you achieve of the Exercises you attempt in that you will have 4 opportunities to achieve the best possible mark overall. 

Discussion Board Submissions (20%): 4 x 500 words individual student Discussion Submissions on the Unit Discussion Board are due by 5.30pm (Sydney Australia time) at the conclusion of each class day (due Day 1, 2, 3 and 4 of intensive classes). Late submissions of online postings will NOT BE accepted. This is an individual exercise in posting a thoughtful comment, observation or reflection on the material covered in the lecture sessions for that day. Alternatively, you may post a thoughtful response or added comment, observation or reflection to another student’s post of their thoughtful comment, observation or reflection. The posts to the Discussion Board for each class are to be no longer than 500 words (maximum). Marks will be awarded for the discussion post(s) for each class and the best mark out of 20 will count. If a student receives special consideration the best mark for the other postings will be used. 

Guidance on what constitutes a thoughtful comment other than the marking criteria also includes a critical analysis of the key themes of the day’s topics, based and connected to the day’ s readings, on contentious matters of law/policy/and reform issues.

  • The 4 Discussion Board Posts (1 per day) are based on the Exercises (presented by fellow students), the lectures and required readings for that day. The lecture/s will focus on certain key areas of the readings.
  • Each post on the Discussion Board will be assessed and general feedback given the following day in class, with the highest mark being weighted to the assessment.
  • The Discussion Board posts task is a continuous assessment task to allow you to demonstrate an ongoing engagement with the unit materials and with your peers’ perspectives. The posts are to be respectful and adhere to the University’s on-line etiquette, policies and guidelines.

Final assignment (60%): The assignment has a maximum word length of 4,000 words and will be based on one or more hypothetical scenarios. The assignment will be released on 12 April 6pm and due for submission on 3 May at 6pm (Sydney Australia time) and must be submitted via Canvas. If a student receives special consideration an alternative task may be granted, as appropriate.

Word limit penalty

A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude all footnotes and any bibliography (if required).

Use of editors and automated writing tools: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking). The use of Studiosity does not breach this rule but must be acknowledged. 

Assessment requirement to pass a unit of study

A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2021 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

• Completely answers the question.
• Contains striking originality of approach or analysis.
• Demonstrates exhaustive or innovative research (where independent research
required).
• Exceptionally well written, structured and expressed.
• Is otherwise exceptional in some way.

Distinction

75 - 84

• Completely answers the question.
• Achieves a critical and evaluative approach to the issues.
• Content and structure is well organised in support of the argument.
• Demonstrates extensive research and analysis to support a well-documented
argument.
• Generally well expressed and free from errors.
• Has a clear structure and is well articulated.

Credit

65 - 74

• Covers main issues fairly well in answering the question.
• Contains no significant errors
• Demonstrates an attempted critical approach to the issues.
• Demonstrates reasonably sound research and analysis in addressing the key issues.
• Has a clear structure and reasonably clear expression.

Pass

50 - 64

• Identifies the key issues, but does not follow through with a reasoned argument.
• Contains some significant errors.
• Displays satisfactory engagement with the key issues.
• Offers descriptive summary of material relevant to the question.
• Superficial use of material, and may display a tendency to paraphrase.
• Demonstrates little evidence of in-depth research or analysis.
• Adequate expression.
• Overall, demonstrates the minimum level of competence in the assessment and
satisfies the requirements to proceed to higher-level studies in the degree or subject
area.

Fail

0 - 49

• Does not answer the question.
• Contains significant or numerous errors.
• Few or no identifiable arguments.
• Content that is inappropriate or irrelevant.
• Lack of research or analysis.
• Difficult or impossible to understand through poor grammar, expression or
structure.
• Overall, does not demonstrate the minimum level of competence in the
assessment.

For more information see sydney.edu.au/students/guide-to-grades

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after the due time but before the same time the following day will attract a 10% penalty. Late penalties will be subject to a grace period of 15 minutes after the deadline. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. Late submissions of online postings will NOT BE accepted.

Academic integrity

The Current Student website  provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.  

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

You may only use artificial intelligence and writing assistance tools in assessment tasks if you are permitted to by your unit coordinator, and if you do use them, you must also acknowledge this in your work, either in a footnote or an acknowledgement section.

Studiosity is permitted for postgraduate units unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 DAY 1: A concept of “company/corporation”: Anglo-Australian a) What is CSR & eroding business confidence; b) The modern company: Salomon v Salomon & UK Companies Act; c) Contrast and compare company purpose: Japan and Germany; d) Governance + CSR - Transcending the law: models, concepts/ theories; e) Corporate adoption of the UN Social Development Goals; f) Exercise 1: CSR Failures: Union Carbide international case Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
DAY 2: a) Tensions of power and control – directors' duties & shareholders rights; b) The legal core of corporate law, governance and CSR; c) Introduction: CSR’s place in Corporate Governance Codes; d) Overview of the system of corporate law and governance; e) ASX Corporate Governance Council’s Corporate Governance Principles and Recommendations (Principles 3 and 7); f) Exercise 2: ACCR vs CBA cases - shareholder resolutions Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
Week 02 DAY 3: a) Corporate Social Responsibility: in Developing Economies. Exercise 3 Bangladesh Accord; Globalisation & CSR b) How CSR is managed: i) CSR and governance – reporting; ii) Stakeholder management and engagement; iii) Socially responsible investment Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
DAY 4: The future of CSR though the governance vehicle - Exercise 4 BHP (Brasil) institutional shareholders class action cases; a) Impact of CSR; b) Criticisms of CSR; c) Future of corporate social responsibility; d) Directors duties and climate change Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from submitting the final assessment. 

For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit. 

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

The Reading Guide document which will be posted on Canvas.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. critically evaluate the central role of the board of directors in corporate governance, including enforcement of directors’ duties and the role of independent directors
  • LO2. demonstrate an advanced understanding of the key themes and theories involved in contemporary corporate social responsibility discourse and be able to communicate effectively this understanding in written and oral form during class
  • LO3. become skilled at evaluating, critically and in a nuanced manner, claims about the legal status of corporate social responsibility
  • LO4. evaluate and synthesise different approaches to stakeholder protection in corporate law during class discussion and in completing assessment tasks
  • LO5. form a defensible view on questions of theory and policy concerning the social responsibilities of corporations and corporate personhood, and to be able to defend this view effectively

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

The Final Assignment task duration was changed

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.