The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain

Litor, Lilach; Menahem, Gila; Bar-Mor, Hadara

doi:10.1177/0002716220964385

Cited by 3 publications

(2 citation statements)

References 32 publications

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“…Hence, a doctrine of employment at will is quite prevalent. Mostly, the employer has the freedom to terminate employment with no need to show due cause, whereas, in Israel, the right to work and freedom of occupation have been considered fundamental rights (Litor et al , 2020). Hence, an employee can, in many cases, sue against dismissal without due cause and might also be granted reinstatement to a job.…”

Section: Csr Covid-19 Pandemic and The Right To Workmentioning

confidence: 99%

Corporate Social Responsibility policies and practices on unvaccinated employees during the COVID-19 pandemic: case studies of Israel and United States

Litor

2022

PAP

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PurposeThe article addresses the tension between Corporate Social Responsibility (CSR) and the right to work in times of the COVID-19 pandemic. Accordingly, it explores the operation of corporations in adopting policies of mandatory vaccination and the role of the courts regarding these CSR patterns.Design/methodology/approachThe article examines court case studies of CSR practices regarding unvaccinated employees during the COVID-19 pandemic in Israel and the United States.FindingsThe findings show that the Israeli system adopted the regulating for individual discretionary CSR approach, whereas the American system adopted the regulating for ethical-public CSR approach. Adopting the latter infringes upon the right to work of unvaccinated employees. While in Israel, the possibility of compelling employees to vaccinate is denied, in the American model, mandatory vaccination is possible. As opposed to the American model, in the Israeli model, there is an obligation to consider proportionate measures to isolate the employees while allowing them to continue working.Originality/valueThe article introduces two possible notions of regulating CSR in times of the pandemic – regulating for individual discretionary CSR which is labor-oriented and regulating for ethical-public CSR which is focused on public aspects. While the former posits that corporations should advance individual interests of employees and their right to work, the latter claims that corporations should advance the public interest in health. Following the problems resulting from the Israeli and American cases, the article draws on the lines for a suggested approach that courts should embrace.

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Section: Csr Covid-19 Pandemic and The Right To Workmentioning

confidence: 99%

Corporate Social Responsibility policies and practices on unvaccinated employees during the COVID-19 pandemic: case studies of Israel and United States

Litor

2022

PAP

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“…As professional bodies detached from political agendas and pressures, the courts are advantageous in dealing with ethical issues, unlike elite groups and corporations, which often have close connections to the political arena (Litor, 2019a; Litor, 2019b; Litor et al , 2020).…”

Section: Regulating Csr: Which Approach Should Be Applied?mentioning

confidence: 99%

Regulating corporate social responsibility practices of adopting codes of conduct through criminal law

Litor

2021

PAP

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PurposeThis paper explores different approaches to regulating corporate social responsibility (CSR) patterns of adopting codes of conduct, and discusses the approach that courts should embrace.Design/methodology/approachCase studies from various legal systems will be examined. The paper presents new typology relating to different patterns of the Corporate Social Performance (CSP) model, based on aspects of the CSR pyramid, namely, legislative CSR and ethical CSR. Legislative CSR includes adoption of thin codes which reflect compliance within current legal standards of the criminal code, while ethical CSR includes codes reflecting ethical norms and corporate social citizenship beyond mere compliance. The paper also includes the interplay of different patterns of CSR and three approaches to regulation regarding these patterns.FindingsBoth the Israeli negative CSR regulatory approach and the American legislative CSR regulatory approach present difficulties.Originality/valueThe paper introduces a theory for regulating CSR within criminal law, drawing on the pyramid of CSR. It presents an original discussion of distinct approaches to regulation of corporate liability, while further developing the institutional theory of CSR and the interplay of regulation and CSR. The paper suggests a novel solution regarding the regulation and acceptance of CSR: the granting of protection from criminal liability to corporations who adopt CSR.

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Heterarchy: Toward Paradigm Shift in World Politics

Belmonte

Cerny

2021

Journal of Political Power

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The Rise of the Regulatory Constitutional Welfare State, Publicization, and Constitutional Social Rights: The Case of Israel and Britain

Cited by 3 publications

References 32 publications

Corporate Social Responsibility policies and practices on unvaccinated employees during the COVID-19 pandemic: case studies of Israel and United States

Corporate Social Responsibility policies and practices on unvaccinated employees during the COVID-19 pandemic: case studies of Israel and United States

Regulating corporate social responsibility practices of adopting codes of conduct through criminal law

Heterarchy: Toward Paradigm Shift in World Politics

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