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Conceptions in the Code - How Metaphors Explain Legal Challenges in Digital Times (Hardcover)
Loot Price: R2,649
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Conceptions in the Code - How Metaphors Explain Legal Challenges in Digital Times (Hardcover)
Series: Oxford Studies in Language and Law
Expected to ship within 12 - 17 working days
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Stefan Larsson's Conceptions in the Code makes a significant
contribution to sociolegal analysis, representing 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. By using Karl Renner's account of property,
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 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. The book also
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 oft-praised "openness" of digital
innovation.
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