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Conceptions in the Code : How Metaphors Explain Legal Challenges in Digital Times

Larsson, Stefan LU (2016) In Oxford Studies in Language and Law
Abstract (Swedish)
Stefan Larsson’s Conceptions in the Code makes a significant contribution to sociolegal analysis and also represents a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. 
The overall analysis draws from conceptual studies of “property” in intellectual property, and is by using Karl Renner’s account of property showing how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Moreover, through an analysis of the... (More)
Stefan Larsson’s Conceptions in the Code makes a significant contribution to sociolegal analysis and also represents a valuable contribution to conceptual metaphor theory. By utilising the case of copyright in a digital context it explains the role that metaphor plays when the law is dealing with technological change, displaying both conceptual path-dependence as well as what is called non-legislative developments in the law. 
The overall analysis draws from conceptual studies of “property” in intellectual property, and is by using Karl Renner’s account of property showing how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Moreover, through an analysis of the concept of “copy” in copyright as well as the metaphorical battle of defining the BitTorrent site The Pirate Bay in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena, in law, and thereby how normative aspects of the source concept also stains the target domain. For example, was The Pirate Bay a platform, a storage service or a bulletin board? – the outcome of this metaphorical battle fought through legal means came to define the outcome of the case. 
In addition, the book draws from empirical studies on file sharing and historical expressions of the conceptualisation of law, revealing both the cultural bias of both file sharing and law. Also law is thereby shown to be largely depending on metaphors and embodiment to be reified and understood. The contribution is relevant for the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to copyright and file sharing, including big data and the often praised “openness” of digital innovation. (Less)
Abstract
Stefan Larsson's Conceptions in the Code contributes invaluably to socio-legal analysis and conceptual metaphor theory. By examining cases of digital copyright, Larsson elucidates the role that metaphor plays when law is accommodating technological change, displaying both conceptual path-dependence as well as non-legislative developments in law.

Analyses draw from conceptual studies of property specific to intellectual property. By using Karl Renner's account, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an investigation of the concept of “copy” in copyright, as well as the metaphorical battle of defining the... (More)
Stefan Larsson's Conceptions in the Code contributes invaluably to socio-legal analysis and conceptual metaphor theory. By examining cases of digital copyright, Larsson elucidates the role that metaphor plays when law is accommodating technological change, displaying both conceptual path-dependence as well as non-legislative developments in law.

Analyses draw from conceptual studies of property specific to intellectual property. By using Karl Renner's account, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an investigation of the concept of “copy” in copyright, as well as the metaphorical battle of defining the BitTorrent site “The Pirate Bay” in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and how normative aspects of the source concept also stain the target domain.

Larsson draws from empirical studies on file sharing and historical expressions of the conceptualization of law, revealing the cultural biases of file sharing and law. Law is thereby shown to depend largely on metaphors of embodiment. The book engages the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to issues of copyright and file sharing, including big data and the oft-praised “openness” of digital innovation. (Less)
Please use this url to cite or link to this publication:
@misc{b7435f9d-f4b9-4fb3-8b5f-34d41c58d198,
  abstract     = {Stefan Larsson's Conceptions in the Code contributes invaluably to socio-legal analysis and conceptual metaphor theory. By examining cases of digital copyright, Larsson elucidates the role that metaphor plays when law is accommodating technological change, displaying both conceptual path-dependence as well as non-legislative developments in law.<br/> <br/>Analyses draw from conceptual studies of property specific to intellectual property. By using Karl Renner's account, Larsson demonstrates how the property regime of copyright is the projection of an older regime of control onto a new set of digital social relations. Further, through an investigation of the concept of “copy” in copyright, as well as the metaphorical battle of defining the BitTorrent site “The Pirate Bay” in the Swedish court case with its founders, Larsson shows the historical and embodied dependence of digital phenomena in law, and how normative aspects of the source concept also stain the target domain.<br/> <br/>Larsson draws from empirical studies on file sharing and historical expressions of the conceptualization of law, revealing the cultural biases of file sharing and law. Law is thereby shown to depend largely on metaphors of embodiment. The book engages the conceptual and regulatory struggles of a multitude of contemporary socio-digital phenomena in addition to issues of copyright and file sharing, including big data and the oft-praised “openness” of digital innovation.},
  author       = {Larsson, Stefan},
  isbn         = {9780190650384},
  keyword      = {technology and social change,metaphor,metaphor theory,conceptual metaphor theory,cognitive theory,path dependence,conceptual path dependence,skeuomorphs,skeuomorphism,copyright,intellectual property,file sharing,piracy,the pirate bay,platforms,sociology of law,framing,socio-legal research,law & society,Lakoff,Lessig,creativity,innovation,legitimacy,legality,social norms,sociolegal analysis,conceptual metaphor theory,copyright,intellectual property,metaphor,file-sharing,the pirate bay,path dependence,skeumorphs,skeuomorphs,social norms,sociology of law,cognitive theory,embodiment,law,media consumers,platform,Karl Renner,openness,big data,liquidity,conceptual path dependence},
  language     = {eng},
  month        = {01},
  pages        = {256},
  publisher    = {ARRAY(0xb303d50)},
  series       = {Oxford Studies in Language and Law},
  title        = {Conceptions in the Code : How Metaphors Explain Legal Challenges in Digital Times},
  year         = {2016},
}