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Karl Renner and (Intellectual) Property – How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright

Larsson, Stefan LU (2014) In Law & Society Review 48(1). p.3-33
Abstract
This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto... (More)
This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto legal revisions in intellectual property faced with the challenges of digitization. Of particular relevance here is what Renner described in terms of property as an “institution of domination and control,” and thus the increased measures for control that are added to a digital context in the name of copyright. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
property, intellectual property, copyright, metaphors, control, corporeal, substratum, conceptual legal change
in
Law & Society Review
volume
48
issue
1
pages
3 - 33
publisher
John Wiley & Sons
external identifiers
  • wos:000331194100002
  • scopus:84892969981
ISSN
1540-5893
DOI
10.1111/lasr.12057
language
English
LU publication?
yes
id
cf291e71-02de-4ac8-ad83-6e59027690f0 (old id 4016751)
alternative location
http://onlinelibrary.wiley.com/doi/10.1111/lasr.12057/full
date added to LUP
2013-09-05 09:43:25
date last changed
2017-04-16 03:09:41
@article{cf291e71-02de-4ac8-ad83-6e59027690f0,
  abstract     = {This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto legal revisions in intellectual property faced with the challenges of digitization. Of particular relevance here is what Renner described in terms of property as an “institution of domination and control,” and thus the increased measures for control that are added to a digital context in the name of copyright.},
  author       = {Larsson, Stefan},
  issn         = {1540-5893},
  keyword      = {property,intellectual property,copyright,metaphors,control,corporeal,substratum,conceptual legal change},
  language     = {eng},
  number       = {1},
  pages        = {3--33},
  publisher    = {John Wiley & Sons},
  series       = {Law & Society Review},
  title        = {Karl Renner and (Intellectual) Property – How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright},
  url          = {http://dx.doi.org/10.1111/lasr.12057},
  volume       = {48},
  year         = {2014},
}