Persuasive authority beyond the state: A theoretical analysis of transnational corporate social responsibility norms as legal reasons within positive legal systems

By recourse to legal theory this thesis considers whether and how transnational corporate social responsibility ("CSR") norms may be related to positive legal systems. Razian positivism describes positive legal systems as open systems. This trait of positive legal systems makes transnational CSR norms relatable to legal obligation within positive systems of law. Where an institutional nexus exists between a transnational norm and a positive legal system the transnational norm may be applied in making conclusive determinations of legal situations. Transnational CSR norms serve as ready standards of conduct, that can provide persuasive and justifying reasons within a legal discourse. In particular, transnational CSR norms exhibiting traits such as "efficacy" and "authority", operating as systems of social control, may be used as persuasive and justifying legal reasons by norm-applying institutions. In this way they can be seen to exist as a form of prima facie persuasive authority beyond the State.