IDEAS home Printed from https://ideas.repec.org/a/kap/jbuset/v193y2024i3d10.1007_s10551-023-05540-8.html
   My bibliography  Save this article

The Independence of Judges and Corporate Social Responsibility

Author

Listed:
  • Senlin Miao

    (Central South University)

  • Gary Gang Tian

    (Macquarie University)

  • Fenghua Wen

    (Central South University
    Shanghai Lixin University of Accounting and Finance)

  • Jinli Xiao

    (Xiamen University)

Abstract

Limited research has focused on the influence of judge independence on firms' corporate social responsibility (CSR), despite extensive literature examining the impact of the legal environment on CSR. To address this gap, we analyze the staggered adoption of judicial delocalization reform in China. This reform aimed to enhance local judges' independence and our analysis shows that firms have exhibited higher CSR scores since its implementation. Our channel analysis reveals an increase in lawsuits and monetary claims against firms due to the reform, indicating that firms engage in CSR activities to mitigate the negative effects of legal proceedings. The impact of the reform on CSR is stronger for high-litigation-risk firms and weaker for politically connected firms. Moreover, the positive relationship between the reform and CSR is more pronounced in regions with higher levels of government interference with judges before the reform. In summary, our findings highlight the important role of a supportive legal environment in fostering CSR, emphasizing the influence of judge independence.

Suggested Citation

  • Senlin Miao & Gary Gang Tian & Fenghua Wen & Jinli Xiao, 2024. "The Independence of Judges and Corporate Social Responsibility," Journal of Business Ethics, Springer, vol. 193(3), pages 633-653, September.
  • Handle: RePEc:kap:jbuset:v:193:y:2024:i:3:d:10.1007_s10551-023-05540-8
    DOI: 10.1007/s10551-023-05540-8
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10551-023-05540-8
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.

    File URL: https://libkey.io/10.1007/s10551-023-05540-8?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Sandra A. Waddock & Samuel B. Graves, 1997. "The Corporate Social Performance–Financial Performance Link," Strategic Management Journal, Wiley Blackwell, vol. 18(4), pages 303-319, April.
    2. Chen, Tao & Dong, Hui & Lin, Chen, 2020. "Institutional shareholders and corporate social responsibility," Journal of Financial Economics, Elsevier, vol. 135(2), pages 483-504.
    3. Andrei Shleifer & Florencio Lopez-de-Silanes & Rafael La Porta, 2008. "The Economic Consequences of Legal Origins," Journal of Economic Literature, American Economic Association, vol. 46(2), pages 285-332, June.
    4. Callen, Jeffrey L. & Fang, Xiaohua & Zhang, Wenjun, 2020. "Protection of proprietary information and financial reporting opacity: Evidence from a natural experiment," Journal of Corporate Finance, Elsevier, vol. 64(C).
    5. Hao Liang & Luc Renneboog, 2017. "On the Foundations of Corporate Social Responsibility," Journal of Finance, American Finance Association, vol. 72(2), pages 853-910, April.
    6. Marion Dupire & Bouchra M’Zali, 2018. "CSR Strategies in Response to Competitive Pressures," Journal of Business Ethics, Springer, vol. 148(3), pages 603-623, March.
    7. Yu-Shu Peng & Shing-Shiuan Lin, 2009. "National Culture, Economic Development, Population Growth and Environmental Performance: The Mediating Role of Education," Journal of Business Ethics, Springer, vol. 90(2), pages 203-219, December.
    8. Wenjing Li & Ran Zhang, 2010. "Corporate Social Responsibility, Ownership Structure, and Political Interference: Evidence from China," Journal of Business Ethics, Springer, vol. 96(4), pages 631-645, November.
    9. Ernest Liu & Yi Lu & Wenwei Peng & Shaoda Wang, 2022. "Judicial Independence, Local Protectionism, and Economic Integration: Evidence from China," NBER Working Papers 30432, National Bureau of Economic Research, Inc.
    10. Boubakri, Narjess & Ghouma, Hatem, 2010. "Control/ownership structure, creditor rights protection, and the cost of debt financing: International evidence," Journal of Banking & Finance, Elsevier, vol. 34(10), pages 2481-2499, October.
    11. Ucar, Erdem & Staer, Arsenio, 2020. "Local corruption and corporate social responsibility," Journal of Business Research, Elsevier, vol. 116(C), pages 266-282.
    12. Liu, Qigui & Luo, Jinbo & Tian, Gary Gang, 2016. "Managerial professional connections versus political connections: Evidence from firms' access to informal financing resources," Journal of Corporate Finance, Elsevier, vol. 41(C), pages 179-200.
    13. Sihai Li & Xianzhong Song & Huiying Wu, 2015. "Political Connection, Ownership Structure, and Corporate Philanthropy in China: A Strategic-Political Perspective," Journal of Business Ethics, Springer, vol. 129(2), pages 399-411, June.
    14. Hossain, Ashrafee Tanvir & Kryzanowski, Lawrence, 2021. "Political corruption and Corporate Social Responsibility (CSR)," Journal of Behavioral and Experimental Finance, Elsevier, vol. 31(C).
    15. Bo Li & Jacopo Ponticelli, 2022. "Going Bankrupt in China [The politics of foreclosures]," Review of Finance, European Finance Association, vol. 26(3), pages 449-486.
    16. Manuel Branco & Lúcia Rodrigues, 2006. "Corporate Social Responsibility and Resource-Based Perspectives," Journal of Business Ethics, Springer, vol. 69(2), pages 111-132, December.
    17. Roland Bénabou & Jean Tirole, 2010. "Individual and Corporate Social Responsibility," Economica, London School of Economics and Political Science, vol. 77(305), pages 1-19, January.
    18. Ioannis Ioannou & George Serafeim, 2012. "What drives corporate social performance? The role of nation-level institutions," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 43(9), pages 834-864, December.
    19. Xue, Fei & Chen, Qinyuan & Chan, Kam C. & Yi, Zhihong, 2022. "Is corporate social responsibility value relevant? Evidence from a quasi-natural experiment of anti-corruption campaign," Journal of Business Research, Elsevier, vol. 140(C), pages 520-532.
    20. Kun Tracy Wang & Dejia Li, 2016. "Market Reactions to the First-Time Disclosure of Corporate Social Responsibility Reports: Evidence from China," Journal of Business Ethics, Springer, vol. 138(4), pages 661-682, November.
    21. Hoje Jo & Maretno Harjoto, 2012. "The Causal Effect of Corporate Governance on Corporate Social Responsibility," Journal of Business Ethics, Springer, vol. 106(1), pages 53-72, March.
    22. Michael Firth & Oliver M. Rui & Wenfeng Wu, 2011. "The Effects of Political Connections and State Ownership on Corporate Litigation in China," Journal of Law and Economics, University of Chicago Press, vol. 54(3), pages 573-607.
    23. Li, Hongbin & Zhou, Li-An, 2005. "Political turnover and economic performance: the incentive role of personnel control in China," Journal of Public Economics, Elsevier, vol. 89(9-10), pages 1743-1762, September.
    24. Shah, Attaullah & Shah, Hamid Ali & Smith, Jason M. & Labianca, Giuseppe (Joe), 2017. "Judicial efficiency and capital structure: An international study," Journal of Corporate Finance, Elsevier, vol. 44(C), pages 255-274.
    25. Quan, Yi & Zhang, Wenlan, 2021. "Geographic distance and board monitoring: Evidence from the relocation of independent directors," Journal of Corporate Finance, Elsevier, vol. 66(C).
    26. Cai, Ye & Pan, Carrie H. & Statman, Meir, 2016. "Why do countries matter so much in corporate social performance?," Journal of Corporate Finance, Elsevier, vol. 41(C), pages 591-609.
    27. Demirbag, Mehmet & Wood, Geoffrey & Makhmadshoev, Dilshod & Rymkevich, Olga, 2017. "Varieties of CSR: Institutions and Socially Responsible Behaviour," International Business Review, Elsevier, vol. 26(6), pages 1064-1074.
    28. Kim, Irene & Skinner, Douglas J., 2012. "Measuring securities litigation risk," Journal of Accounting and Economics, Elsevier, vol. 53(1), pages 290-310.
    29. María del Mar Miras‐Rodríguez & Amalia Carrasco‐Gallego & Bernabé Escobar‐Pérez, 2015. "Has the CSR engagement of electrical companies had an effect on their performance? A closer look at the environment," Business Strategy and the Environment, Wiley Blackwell, vol. 24(8), pages 819-835, December.
    30. Stefan Voigt, 2016. "Determinants of judicial efficiency: a survey," European Journal of Law and Economics, Springer, vol. 42(2), pages 183-208, October.
    31. Lai, Shaojie & Yang, Laifeng & Wang, Qing & Anderson, Hamish D., 2023. "Judicial independence and corporate innovation: Evidence from the establishment of circuit courts," Journal of Corporate Finance, Elsevier, vol. 80(C).
    32. Jha, Anand & Cox, James, 2015. "Corporate social responsibility and social capital," Journal of Banking & Finance, Elsevier, vol. 60(C), pages 252-270.
    33. Jia, Ning & Mao, Xinshu & Yuan, Rongli, 2019. "Political connections and directors' and officers' liability insurance – Evidence from China," Journal of Corporate Finance, Elsevier, vol. 58(C), pages 353-372.
    34. Alvaro Cuervo-Cazurra, 2006. "Who cares about corruption?," Journal of International Business Studies, Palgrave Macmillan;Academy of International Business, vol. 37(6), pages 807-822, November.
    35. Karl V. Lins & Henri Servaes & Ane Tamayo, 2017. "Social Capital, Trust, and Firm Performance: The Value of Corporate Social Responsibility during the Financial Crisis," Journal of Finance, American Finance Association, vol. 72(4), pages 1785-1824, August.
    36. Fuxiu Jiang & Kenneth A Kim, 2020. "Corporate Governance in China: A Survey [The role of boards of directors in corporate governance: a conceptual framework and survey]," Review of Finance, European Finance Association, vol. 24(4), pages 733-772.
    37. Di Giuli, Alberta & Kostovetsky, Leonard, 2014. "Are red or blue companies more likely to go green? Politics and corporate social responsibility," Journal of Financial Economics, Elsevier, vol. 111(1), pages 158-180.
    38. Na Shen & Kevin Au & Weiwen Li, 2020. "Strategic alignment of intangible assets: The role of corporate social responsibility," Asia Pacific Journal of Management, Springer, vol. 37(4), pages 1119-1139, December.
    39. Raffaele Conti & Giovanni Valentini, 2018. "Super Partes? Assessing the Effect of Judicial Independence on Entry," Management Science, INFORMS, vol. 64(8), pages 3517-3535, August.
    40. Xiaomeng Chen & Xiao Liang & Hai Wu, 2023. "Cross-Border Mergers and Acquisitions and CSR Performance: Evidence from China," Journal of Business Ethics, Springer, vol. 183(1), pages 255-288, February.
    41. Chen, Zhiwu, 2003. "Capital markets and legal development: The China case," China Economic Review, Elsevier, vol. 14(4), pages 451-472.
    42. Chen, Yi-Chun & Hung, Mingyi & Wang, Yongxiang, 2018. "The effect of mandatory CSR disclosure on firm profitability and social externalities: Evidence from China," Journal of Accounting and Economics, Elsevier, vol. 65(1), pages 169-190.
    43. Laeven, Luc & Majnoni, Giovanni, 2005. "Does judicial efficiency lower the cost of credit?," Journal of Banking & Finance, Elsevier, vol. 29(7), pages 1791-1812, July.
    44. Hongjin Zhu & Yue Pan & Jiaping Qiu & Jinli Xiao, 2022. "Hometown Ties and Favoritism in Chinese Corporations: Evidence from CEO Dismissals and Corporate Social Responsibility," Journal of Business Ethics, Springer, vol. 176(2), pages 283-310, March.
    45. Harrison Hong & Jeffrey D. Kubik & Jose A. Scheinkman, 2012. "Financial Constraints on Corporate Goodness," NBER Working Papers 18476, National Bureau of Economic Research, Inc.
    46. Li, Oliver Zhen & Liu, Hang & Ni, Chenkai & Ye, Kangtao, 2017. "Individual Investors’ Dividend Taxes and Corporate Payout Policies," Journal of Financial and Quantitative Analysis, Cambridge University Press, vol. 52(3), pages 963-990, June.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Liu, Xianda & Hou, Wenxuan & Main, Brian G.M., 2022. "Anti-market sentiment and corporate social responsibility: Evidence from anti-Jewish pogroms," Journal of Corporate Finance, Elsevier, vol. 76(C).
    2. Gillan, Stuart L. & Koch, Andrew & Starks, Laura T., 2021. "Firms and social responsibility: A review of ESG and CSR research in corporate finance," Journal of Corporate Finance, Elsevier, vol. 66(C).
    3. Zhe Li & Ping Wang, 2023. "Cross‐border mergers and acquisitions and corporate social responsibility: Evidence from Chinese listed firms," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 50(1-2), pages 335-376, January.
    4. Choi, Changhwan & Chung, Chune Young, 2024. "The effect of shale gas booms on environmental CSR activity," International Review of Financial Analysis, Elsevier, vol. 95(PB).
    5. Hans B. Christensen & Luzi Hail & Christian Leuz, 2021. "Mandatory CSR and sustainability reporting: economic analysis and literature review," Review of Accounting Studies, Springer, vol. 26(3), pages 1176-1248, September.
    6. Liu, Haiming & Chiang, Yao-Min, 2024. "Employment protection and environmental corporate social responsibility: Evidence from China," International Review of Financial Analysis, Elsevier, vol. 92(C).
    7. Marshall, Andrew & Rao, Sandeep & Roy, Partha P. & Thapa, Chandra, 2022. "Mandatory corporate social responsibility and foreign institutional investor preferences," Journal of Corporate Finance, Elsevier, vol. 76(C).
    8. Wang, Shuangshi & Yan, Cheng & Zhao, Yuqian, 2024. "Technological peer pressure and corporate sustainability," Energy Economics, Elsevier, vol. 130(C).
    9. Liu, Xianda & An, Jiafu & Duan, Tinghua & Hou, Wenxuan & Zhao, Ruoran, 2023. "Lawyers in the boardroom and firms’ environmental performance," Journal of International Financial Markets, Institutions and Money, Elsevier, vol. 89(C).
    10. Kong, Dongmin & Cheng, Xu & Jiang, Xiandeng, 2021. "Effects of political promotion on local firms’ social responsibility in China," Economic Modelling, Elsevier, vol. 95(C), pages 418-429.
    11. Douglas Cumming & Jun Hu & Huiying Wu, 2024. "Leaving a Legacy for my Children: The One-Child Policy Reform and Engagement in CSR Among Family Firms in China," Journal of Business Ethics, Springer, vol. 193(3), pages 611-632, September.
    12. Ucar, Erdem & Staer, Arsenio, 2020. "Local corruption and corporate social responsibility," Journal of Business Research, Elsevier, vol. 116(C), pages 266-282.
    13. Lin, Xiaowei & Li, Ao & Xu, Yonghao & Ding, Zijun, 2023. "Does internal whistleblowing build more socially responsible firms?," International Review of Economics & Finance, Elsevier, vol. 86(C), pages 197-214.
    14. Hasan, Iftekhar & Karavitis, Panagiotis & Kazakis, Pantelis & Leung, Woon Sau, 2019. "Corporate Social Responsibility and Profit Shifting," MPRA Paper 91580, University Library of Munich, Germany.
    15. Xu, Shen & Chen, Xia & Li, Antai & Xia, Xinping, 2020. "Disclosure for whom? Government involvement, CSR disclosure and firm value," Emerging Markets Review, Elsevier, vol. 44(C).
    16. Glavas, Dejan & Bancel, Franck, 2018. "Are Agency Problems a Determinant of Green Bond Issuance?," MPRA Paper 88377, University Library of Munich, Germany.
    17. Jingjing Huang, 2023. "Doing good in periods of political turnover: the turnover of local officials, local corruption and corporate social responsibility," Eurasian Business Review, Springer;Eurasia Business and Economics Society, vol. 13(4), pages 781-833, December.
    18. Zhe Li & Ping Wang & Tianlong Wu, 2021. "Do foreign institutional investors drive corporate social responsibility? Evidence from listed firms in China," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 48(1-2), pages 338-373, January.
    19. He, Jingbin & Ma, Xinru, 2023. "Is corporate social responsibility engagement influenced by nearby firms? Evidence from China," International Review of Financial Analysis, Elsevier, vol. 86(C).
    20. Xiaomeng Chen & Xiao Liang & Hai Wu, 2023. "Cross-Border Mergers and Acquisitions and CSR Performance: Evidence from China," Journal of Business Ethics, Springer, vol. 183(1), pages 255-288, February.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:jbuset:v:193:y:2024:i:3:d:10.1007_s10551-023-05540-8. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.