L’emprise de la responsabilité sociale de l’entreprise par l’analyse économique du droit
The influence of corporate social responsibility through the economic analysis of law

Summary/Abstract: This paper offers a comprehensive analysis of Corporate Social Responsibility (CSR) through the lens of the economic analysis of law – an approach still largely unexplored in the European legal context. Originally introduced by Howard Bowen as a voluntary initiative, CSR has gradually become institutionalized through binding European legal instruments, notably the CSRD (Corporate Sustainability Reporting Directive) and the CSDDD (Corporate Sustainability Due Diligence Directive). These frameworks impose a mandatory duty of care on large corporations regarding human rights and environmental protection throughout their entire value chains. The study examines the effectiveness and economic legitimacy of the associated sanctions, drawing on agency theory, stakeholder theory, and the concept of the “cheapest cost avoider.” The analysis argues that CSR, by internalizing negative externalities, enhances the social efficiency of law while strengthening long-term corporate competitiveness. The findings emphasize the need for a balanced regulatory framework that combines economic incentives with legal constraints to foster a meaningful transformation of the contemporary corporate model.

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