1,792 Works

Introduktion | Introduction

Bo Allesøe Christensen, Jørn Bjerre, Bent Sørensen & Ole Ertløv Hansen
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“Memoir” as Counter-Narrative

Howard Sklar
Philip Roth’s 2004 novel The Plot Against America famously imagines what America might have been like had the aviator Charles Lindbergh, a Nazi sympathizer, won the 1940 election for President of the United States. That alternate history is focalized through the experiences of Roth as a young boy – or those that the author-as-character has conceived within this radically altered world, with the real-world Holocaust as backdrop. By identifying a genuine counter-historical potentiality – one...

Strategic Design Fiction

Thessa Jensen & Peter Vistisen
This article aims to discuss the role of the dominant critical tradition of design fiction, as well as defending the merits of a pragmatic and strategic view on design fiction, as potentially real solutions. By adapting one of the most prominently referenced models for speculative design (Auger 2013), and using Ryan’s (1980) concepts of factual, non-factual, and fictional statements, we propose a way of clarifying how the ‘realness’ of a given design fiction places it...

As a matter of fact

Patrik Kjærsdam Telléus
In this day and age, facts seem to be equally relevant and irrelevant, depending on your view of the so-called post-factual society. In this article, I look closer at facts by using the philosophy of Ludwig Wittgenstein, supplemented by J.L. Austin and others. I analyze facts in terms of a) true and real, b) a propositional trait and a narrative trait, and c) independent and dependent on the knower/teller of facts. The analysis forces facts...

Goodman and Cavell on fakes

Bo Allesøe
What is a fake artwork? This is seldom asked in aesthetics even though judging an artwork as excellent or original implicitly posits criteria for fraudulent or dubious artworks as well. This article presents Nelson Goodman’s proposal of how we are to understand fakes. It will criticize his predominantly cognitive approach for failure of incorporating a sense of aesthetic value, thereby leaving the possibility of artworks which are fakes but nevertheless originals unexplained. Instead Stanley Cavell’s...

'Fake News'

Anders Horsbøl
Notions of fake news and post-truth have recently gained attention in public debates in several countries. To a large extent, these notions have been employed to criticize forms of communication and alleged deficits in political debates. The current article examines how the notion of fake news has been articulated in the Danish mass media in a selection of texts from autumn 2017. On the basis of this brief analysis, the article critically discusses the (implicit)...

Territorial stigmatisation and the negotiation of place

Jørgen Riber Christensen & Kim Toft Hansen
The article addresses the negotiated meaning of notorious places through a consideration of a recent tendency in Danish TV documentaries where marginalized, often peripheral, places are portrayed and debated. Based partly on sociological research about territorial stigmatisation, partly on location studies as a method, the article stresses that inhabitants often contest and contradict the mediated stigmatization of their towns from an ambivalent position. On the one hand, participants in the programs are aware of the...

Viden, virkelighed og curriculum.

Jørn Bjerre
Within sociology „Social Realism“ refers to a theoretical position based on the assumption that social reality is non-reducible to the experience of an individual. Within pedagogical sociology, curriculum theory and educational theory have used this theoretical position in their examination of what knowledge is, and why certain forms of knowledge have become, in the Michael Young’s term, powerful knowledge. This article presents Young’s notion of powerful knowledge, critically discussing its implicit assumption about the relation...

Viden og kampen om det virkelige

Jørn Bjerre & Bo Allesøe
In this final article we will reflect on the contributions to this volume, relating these to positions within philosophy of science, realism, constructivism, critical and social realism, and discuss relativism and critique of ideology as well. The article commences by examining a battle of what is to be understood as the real currently underway in politics and everyday life. Subsequently, the article tries to show how a parallel battle takes place in philosophy of science.

Foreword

Marie Jull Sørensen
New technology – new opportunities – new challenges – new regulation? This is the common line of thought in the 10 contributions in this special issue on online intermediary platforms. The 10 contributions each provide a critical view on how online intermediary platforms fit in the context of the authors’ areas of expertise. The contributions cover overarching regulatory models and frameworks along with specific problem areas such as consumer law, labour law and tax law...

EU Regulatory Models for Platforms on the Content and Carrier Layers: Convergence and Changing Policy Patterns

Andrej Savin
Digital “intermediaries” have been the subject of the lawmakers’ interest both in the EU and elsewhere for at least two decades now. In recent years, however, and coinciding with the introduction of the new Digital Single Market Strategy in 2015, “platforms” in specific - rather than “intermediaries”, “information society services (ISSs)” or “networks” - have incresingly been the target of EU regulators’ attention. This article traces the EU’s increased focus on platforms and argues that...

Intermediary Platforms – The Contractual Legal Framework

Marie Jull Sørensen
From a consumer protection perspective, this contribution analyses four contractual legal frames potentially applicable to the triangular contractual structure of online intermediary platforms. For each framework, criteria are derived, and it is discussed how and if these criteria are met in regards to intermediary platforms. The legal frameworks are 1. The Platform as employer; 2. The platform as the main contracting party; 3. The Platform as intermediary and 4. The platform as a secondary obligated...

Platforms as Private Governance Systems – The Example of Airbnb

Vibe Garf Ulfbeck, Clement Salung Petersen & Ole Hansen
Online platforms create legal systems that can best be described as private governance systems. By private governance we refer to the fact that a private actor can take on the roles as regulator, implementer and dispute resolution body, thereby mirroring the classical roles of the state and potentially replacing state governance with an alternative, private legal order. As an example, the Airbnb platform (www.airbnb.com) regulates the rights and duties between users of the platform (hosts...

Digital collaborative platforms: A challenge for social partners in the Nordic model

Annamaria Westregård
Crowdworkers—workers in the new digital economy—face new employment situations not covered by the existing legislation. This paper focuses on the specific problems in the labour and social security legislation as it relates to crowdworkers, analysing their place in labour markets, and especially in the collective agreements which are the standard means of regulating working conditions in the Nordic model. Exactly how the concept of employment should be framed when someone works for an online platform...

Platform Work and the Danish Model – Legal Perspectives

Natalie Videbæk Munkholm & Christian Højer Schjøler
Labour law and services provided via online platforms or digital apps, platform work, appear to be an ill-matched couple as the business model of the platforms often relies on the worker not being an employee, whereas labour law categorises persons performing work as either self-employed or employees, depending on the circumstances of the relationship. Recent European and national case law concerning Uber illustrate that the classification of platform work is complicated. This article examines platform...

Allocation of the Right to Tax Income from Digital Intermediary Platforms – Challenges and Possibilities for Taxation in the Jurisdiction of the User

Louise Fjord Kjærsgaard & Peter Koerver Schmidt
The authors analyse the current (lack of) possibilities for userjurisdictions to tax the value generated by the increased use of digital intermediary platforms. Focus is on analysing the possibilities for userjurisdictions to tax the remuneration received by a foreign enterprise owning a digital intermediary platform and on disucussing whether the users’ provision of personal data in exchange for access to the platform could be considered a barter transaction for tax purposes in the userjurisdiction. Among...

Airbnb and the Swedish Tenancy Legislation: An Analysis of Unexplored Possibilities

Robert Einefors
This article discusses the possibilities of Airbnb in a Swedish context, with a focus on rental apartments. Although Airbnb has become more common, it has so far had a limited impact in Sweden compared to many other countries. One of the presumed reasons for this is the relatively strict tenancy legislation. Two aspects of the tenancy legislation that are central in an Airbnbcontext are that a tenant may not sublet an apartment without the permission...

Regulating Equity Crowdfunding Service Providers - An Innovation-Oriented Approach to Alternative Financing

Elif Härkönen
In recent years the advancements in technology have led to an upheaval in many markets. In the financial sector, technological innovations have led to the emergence of technology-enabled financial services, ranging from new product offerings to new business concepts. In this article, the regulatory challenges facing online intermediary platforms, and in particular equity-based crowdfunding platforms, are discussed more in detail. An integral part of crowdfunding is the prevalence of actors who provide crowdfunding services, operating...

Peer-to-Peer Lending – A New Digital Intermediary, New Legal Challenges

Tanja Jørgensen
In an increasingly digitalised world, this article deals with peer-topeer (P2P) lending as a new online source of financing, which differs from e.g. financing in traditional banks. The article elaborates on the following questions: How should P2P lending be put in the context of the existing legislation? Is the existing legislation sufficient to meet the impact that P2P lending may have on modern society? Or is new special legislation necessary? Lenders can be both individuals...

Jurisdictional Clauses in Platform Work Contracts: A Danish Perspective

Asger Lund-Sørensen
Recent technological developments have increased the need for a restatement of some of the prescriptive concepts in labour law, consumer law, completion law, contract law as well as in other areas. Many researchers have increased their scrutiny of these concepts, and for this special issue of the Nordic Journal of Commercial Law, this article tries to deal with what might be an overarching legal issue - the issue of where to solve potential disputes. This...

Forskning og formidling 2018

Poul Meier Melchiorsen, Louise Thomsen, Anne Marya Greve, Søren Vidmar, Maria Abildgaard Haladyn, Nils Thidemann, Anne Lyhne Høj, Anne Lykke & Karin Rosen Christensen

PBL and mixed-background groups on Master’s programmes

Mie Engen, Mia Arp Fallov, Rune Hagel Skaarup Jensen, Julie Borup Jensen & Ole Ravn
This article presents the main findings of an applied research project, which studied student experiences of the challenges and opportunities of Problem-Based Learning (PBL) in two master programmes (MPs) at Aalborg University (AAU) characterised by diverse student groups, who bring different educational backgrounds, skills and experiences to the table. Research shows that PBL holds a potential for integrating and promoting learning outcomes for diverse student population, but also that heterogeneity can have negative influence on...

Editorial: Introduction to the Special Issue based on papers presented at the Business Model Conference 2018

Marco Montemari
Editorial introducing the short papers selected from the 2nd Business Model Conference, where more than 60 academics and practitioners attended and more than 40 papers were presented.

Business Model and Non-Financial Key Performance Indicator Disclosure

Laura Bini, Lorenzo Simoni, Francesco Dainelli & Francesco Giunta
Business model disclosure is proposed as a communication tool for companies to increase the effectiveness of non-financial key performance indicator (NFKPI) disclosure. First, business model enables the identification of indicators that are aligned with strategic objectives. Moreover, it acts as an integrated framework, showing how different capitals are combined to create value.

Business Model Creativity:

Kristian Brøndum, Christian Byrge & Søren Hansen
This paper presents a model for feasibility testing of novel ideas for business model innovators. It suggests a five-step systematic involvement of non-domain-related knowledge intended to deliver more unique ideas that are feasible in the decision-making phase of business model innovation.

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