Introduction of sustainability literacy into a company law module

Subject/module: company law (year long elective)
Level: undergraduate (level 2-3)
Pre-requisites: Legal System and Method
Cohort: 50 (lectures); 10-20 (tutorial groups)
Summary: introduction of sustainability concepts into the study of company models
Contact: Nigel Firth, University of Plymouth (e-mail: nigel.firth@plymouth.ac.uk)

The company law module engages the learner in the exploration of different forms of company model. From session 2008-09 a wider understanding of company structure is to be introduced, looking at the community interest company (CIC), and, in relation to publicly listed companies, exploring the duty to consider corporate social responsibility (CSR). Both CICs and the CSR duty have been the subject of recent legislation, and hence pose an opportunity to discuss a legal model premised upon the language of sustainability.

The aim is to build on the students’ knowledge of sustainability gained in stage 1 via the legal system and method module (see case study), reintroducing sustainability concepts in a definite context. Law students are often, and rightly, preoccupied with the ‘how’ and ‘what’ rather than the ‘why’ when it comes to learning and offering critique on the operation of systems of regulation, and it is hoped that adopting a more critical analytical position will contribute towards rebalancing this.

Mode of delivery

The mode of delivery for the module is an hour long introductory lecture (both stages taught in common), picked up in a fortnightly tutorial (separate tutorials for stages 2 and 3). Lectures explain key concepts, identify relevant issues and provide a framework for learning. Pre-set tutorial tasks for both stages focus on key aspects, and may sometimes require subgroup collaborative activity, for example drafting and presenting a company CSR ‘policy’.

Handouts posted on the VLE provide materials and structure, with directed references and links to principal (and primary) sources of information. A further learning resource is offered through the materials held in the library for the Centre for Sustainable Futures (based at Plymouth). Greater involvement of the local legal profession will provide a useful additional learner resource, through the provision of a dedicated, and practice focused, introductory lecture.

Topics taught in outline only require the learner to engage in further research, which may then form the substance of a subgroup presentation within a tutorial. The vision is that the learners will undertake the ‘tasks’ primarily on their own or within groups, with limited direction or lecturer support. CSR in particular provides a rich opportunity to engage the learners in thinking about reform, and the extent to which the policy landscape can affect the content of laws.

A separate tutorial programme and assessment regime is prescribed for learners at stage 3, reflecting their greater experience and progress towards being autonomous learners, and to demand evidence of higher level skills. For this group after the initial session the learners are left to their own devices as autonomous researchers to prepare their assignment.

Learning approach and intended outcomes

Learners will be required to locate and read certain materials (for example to navigate the UK Government gateway to corporate social responsibility, which notes, in relation to policy and legislation, that “government has a role in promoting continuous improvement in the business contribution to the three pillars – economic, social and environmental – of sustainable development”). There is potential to examine the role of the CIC as a non-charitable status vehicle for the delivery of local services, and links are being made with local law firms involved in CSR to enable discussion among the student body.

Limited direction will be given, enabling the learners to, for example, assess the CSR duty by reference to legislative provision reflecting it, or to examine what companies are actually doing in relation to their CSR policy and practice as a basis for assessing the contribution of the law.

The general module aims are:

• the study of the nature and method of the creation, growth, funding, operation, management and insolvency of different business media, including proposals for reform
• included is a practical skill – the learner should plan and undertake research from standard legal information sources with guidance
  It is also anticipated that learners will be able to demonstrate a clear understanding of principles of sustainability, including key concepts and values in relation to company formation and management. At stage 2 this is expressed in the required ability of the learner to be able to demonstrate contextual knowledge and understanding of the principles, values and limitations of the law relating to business organisations. At stage 3 the outcome is nuanced, requiring the learner to demonstrate an in-depth and contextual knowledge and understanding.

Assessment strategy

The module is differentially assessed for stages 2 and 3. Stage 2 students are given the opportunity to engage with CSR concepts more generally, whereas stage 3 students are required to base an assignment on an area. Initial thoughts relate to drawing up a CSR policy in line with current guidance, and director’s duties under the relevant legislation.

In the tutorial context feedback will be instantaneous, and an intrinsic element of the task for discussion in that environment. Where there is an element of assessment, as with the stage 3 cohort, feedback will be provided via grade and comment.

Reflections

The module has not yet run with the new content, so it is not possible to report on performance, and probably unwise to predict the success of the approach or otherwise. So far any reflection relates to taking the opportunity presented by slight changes in the legal policy field to reflect changes in the curriculum. Changes of emphasis seem to engage students – the corporate world is often the subject of high profile critique, and it is hoped that demonstrating sustainability concepts as informative of the operational environment may inform and/or balance that critique.

Last Modified: 4 June 2010