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Intention in Hybrid Organizations: The Diffusion of the Business Metaphor in Swedish Laws

Bröchner, Jan; Åström, Karsten LU and Larsson, Stefan LU (2015) In International Journal for the Semiotics of Law 28(2). p.371-386
Abstract
Recent studies of conceptual metaphors in a legal context have often dealt with the power of embodiment. However, the connotations of culturally originated metaphors could be different when they appear in laws and regulations. In particular, the role of metaphor when the legislator wishes to define intention in hybrid organizations is investigated here. The case studied is how a conceptual metaphor of ‘business’ manifesting itself in the Swedish simile adjective affärsmässig (businesslike) has spread over 40 years. ‘Business’ early on acquired connotations such as impartiality and methodical approach, and can be used metaphorically. Introduced in the regulation of public procurement, ‘businesslike’ was later used to regulate conflicts of... (More)
Recent studies of conceptual metaphors in a legal context have often dealt with the power of embodiment. However, the connotations of culturally originated metaphors could be different when they appear in laws and regulations. In particular, the role of metaphor when the legislator wishes to define intention in hybrid organizations is investigated here. The case studied is how a conceptual metaphor of ‘business’ manifesting itself in the Swedish simile adjective affärsmässig (businesslike) has spread over 40 years. ‘Business’ early on acquired connotations such as impartiality and methodical approach, and can be used metaphorically. Introduced in the regulation of public procurement, ‘businesslike’ was later used to regulate conflicts of interest, restrict state aid and also entered tax legislation. Analysis of Swedish court decisions where ‘businesslike’ occurs shows how the emphasis has shifted from public sector efficiency to neo-liberal principles of competition, while stronger social norms related to environmental effects have led to the term being removed from the Public Procurement Act. Elements of a mixed jurisdiction arise from reliance on EU case-law, and national use of ambiguous cultural metaphors in legal texts and court decisions is a plausible response. (Less)
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Sweden, legal metaphor, business, appeal cases
in
International Journal for the Semiotics of Law
volume
28
issue
2
pages
371 - 386
publisher
Springer
external identifiers
  • scopus:84889044325
ISSN
0952-8059
language
English
LU publication?
yes
id
ba4d77ba-d72e-4168-b941-8a23cb267c95 (old id 4194833)
alternative location
http://link.springer.com/article/10.1007/s11196-013-9343-8
date added to LUP
2013-12-13 12:39:29
date last changed
2017-07-02 03:19:14
@article{ba4d77ba-d72e-4168-b941-8a23cb267c95,
  abstract     = {Recent studies of conceptual metaphors in a legal context have often dealt with the power of embodiment. However, the connotations of culturally originated metaphors could be different when they appear in laws and regulations. In particular, the role of metaphor when the legislator wishes to define intention in hybrid organizations is investigated here. The case studied is how a conceptual metaphor of ‘business’ manifesting itself in the Swedish simile adjective affärsmässig (businesslike) has spread over 40 years. ‘Business’ early on acquired connotations such as impartiality and methodical approach, and can be used metaphorically. Introduced in the regulation of public procurement, ‘businesslike’ was later used to regulate conflicts of interest, restrict state aid and also entered tax legislation. Analysis of Swedish court decisions where ‘businesslike’ occurs shows how the emphasis has shifted from public sector efficiency to neo-liberal principles of competition, while stronger social norms related to environmental effects have led to the term being removed from the Public Procurement Act. Elements of a mixed jurisdiction arise from reliance on EU case-law, and national use of ambiguous cultural metaphors in legal texts and court decisions is a plausible response.},
  author       = {Bröchner, Jan and Åström, Karsten and Larsson, Stefan},
  issn         = {0952-8059},
  keyword      = {Sweden,legal metaphor,business,appeal cases},
  language     = {eng},
  number       = {2},
  pages        = {371--386},
  publisher    = {Springer},
  series       = {International Journal for the Semiotics of Law},
  title        = {Intention in Hybrid Organizations: The Diffusion of the Business Metaphor in Swedish Laws},
  volume       = {28},
  year         = {2015},
}