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- Palmås, Karl, 1976, et al.
(författare)
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The liability of politicalness : Legitimacy and legality in piracy-proximate entrepreneurship
- 2014
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Ingår i: International Journal of Entrepreneurship and Small Business. - : InderScience Publishers. - 1476-1297 .- 1741-8054. ; 22:4, s. 408-425
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Tidskriftsartikel (refereegranskat)abstract
- This article explores three entrepreneurial ventures that have evolved in proximity to online piracy. In reviewing the respective cases of Spotify, Skype, and The Pirate Bay, the argument outlines the radically divergent strategies with which the entrepreneurs have sought to legitimise their ventures and underlying technologies. The article concludes that: 1) the context of practices labelled ‘pirate’ are paradigmatic examples of fields in which entrepreneurs must work exceptionally hard to legitimise themselves; 2) in this context, it is crucial that the role of law is analytically isolated from the role of institutionalised legitimacy; 3) success in legitimisation is largely dependent upon the entrepreneur’s ability to demonstrate that the venture is governed by ‘the natural order’ of the economy. It is further argued that piracy-proximate ventures may contribute to the entrepreneurship field, inasmuch as they teeter on the border of being considered too disruptive, and thus suffer from a ‘liability of politicalness’.
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| 2. |
- Bröchner, Jan, 1948, et al.
(författare)
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Intention in Hybrid Organizations: The Diffusion of the Business Metaphor in Swedish Laws
- 2015
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Ingår i: International Journal for the Semiotics of Law. - : Springer Science and Business Media LLC. - 0952-8059 .- 1572-8722. ; 28:2, s. 371-386
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Tidskriftsartikel (refereegranskat)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.
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