Saturday, January 7, 2012

Metaphors and Norms - Understanding Copy Right Law in a Digital Society - PhD Thesis Information

Thesis author: Stefan Larsson
Lund University
Can be downloaded from
In the foreword, the use of metaphors to describe concepts is given. Love is described as journey. The expressions,  "We have reached crossroads", "We have hit a dead end" etc. are the results of such a metaphor.
A paragraph in the conclusion
Legal and social changes

A common theme in the sociology of law can be described in terms of “the gap problem”. This refers to  value based differences between law and social norms. This can give rise to the idea or construct "law’s illegitimacy", and has often been the conceptual basis for studies of divergence between legislative promise and its performance (Nelken, 1981).

The importance of social norms for the enforcement of law is often emphasised. Consequently, legal enforcement that is performed without the support from social norms risks creating an unstable state, likely leading to directly dysfunctional consequences, and to ultimately fail its manifest purpose. In general explanation, laws are made to provide state support to social norms.

The importance of informal systems of external control, early recognised by Ellickson (1998, p. 540), is indisputably relevant also for copyright in a digital society.
It is an interesting thesis to be read by active internet participants.

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