-
Esayas, Samson Yoseph
(2023)
The Important Role of Emergence in Conceptualizing the Challenges of New Technologies to Private Law
European Review of Private Law, 4.
Show summary
Consider the following legal quandaries: a victim of a wrongdoing without a perpetrator, a work of art without an author, or the possibility that the sum of legally compliant behaviors give rise to non-compliance. Welcome to the world of emergence in law.
The concept of emergent properties is central to systems thinking. It is commonly expressed as “the whole is more than the sum of its parts” where the “whole” represents the “emergent property.” This concept helps us understand how complexity emerges and allows systems engineers to look beyond the properties of individual components of a system and understand the system as a complex whole. In practice, this way of thinking militates against two kinds of fallacies: the fallacy of composition and the fallacy of division. The former occurs when one wrongfully attributes the properties of the component parts to the system as a whole whereas the latter arises when one wrongfully attributes the properties of the system as a whole to component parts.
I argue that emergence provides an overarching framework to explain the challenges that technological developments associated with big data, artificial intelligence (AI) and robotics pose for different domains of private law, including privacy, data protection, IP, and tort laws. By creating new objects, possibilities for new action and new relationships, changes associated with the above technologies encourage the formation of emergent properties, which in turn pose attribution challenges for these legal domains. Two attribution challenges are particularly noteworthy. If we fail to address them properly, they may lead to the fallacies of composition and/or division.
Further, emergence may help explain some of the regulatory responses and suggestions provoked by changes associated with the above technologies. For example, emergence and the desire to avoid the fallacy of division can explain suggestions to grant AI systems some form of legal (electronic) personhood and thereby bestow legal responsibility or entitlement on them. Thus, one way the law might usefully adapt during times of technological change would be by taking emergence seriously. This includes recognizing the possibility that the sum of fully complaint behaviours may create behaviour that is not compliant or not in the spirit of the law. Taking emergence seriously would also include being open to the prospect of a harm or legal entitlement existing without a perpetrator or a rightholder and finding new ways to address this prospect.
-
Espeli, Harald
(2023)
Handelslønnsloven 1918–1925 – et lokalhistorisk perspektiv
-
Lind, Yvette
(2023)
Auditioning for Hollywood. A comparative study of tax incentives offered to the film industry
Intertax, 51(1), p. 170-182.
-
Skjønberg, Alexander Sønderland & Inghammar, Andreas
(2023)
The Impact of Populism on Scandinavian Labour Law: The Cases of Norway and Sweden
International Journal of Comparative Labour Law and Industrial Relations, p. 97-120.
Show summary
Modern populism has developed in Scandinavia since at least the 1970s, first in Norway and Denmark but more recently also in Sweden. Populist political parties have been well-established in Scandinavian Parliaments for many years. However, from a labour law perspective, the populist impact, if any, has been limited and populist discourse has primarily focused on issues such as migration and the European Union (EU), and to some extent ‘welfare tourism’. This article examines the development of populist movements in Norway and Sweden and analyses the possible impact of populist policies on national labour law. The conclusion is that Nordic industrial relations and labour market regulations, based on strong and representative trade unions and well-organized and responsible employer federations, act as a robust counterweight to populist policies on the labour market.
Section 2 of the article consists of a discussion of how we understand the development of modern populism in a Norwegian and Swedish perspective. Section 3 explores the extent to which populist political ideas have directly impacted or indirectly influenced labour market regulations in the two countries. In concluding, section 4 monitors the potency of strong and well-established industrial relations as a countervailing force to populist political movements.
-
Tørstad, Vegard Heggelund
(2023)
Can transparency strengthen the legitimacy of international institutions? Evidence from the UN Security Council
Journal of Peace Research.
-
Gunnarson, Åsa & Lind, Yvette
(2023)
Swedish (tax) constitutionalism. Through the lens of equality and fairness
Review of international & European economic law, 2(3).
Show summary
Like any other country, Sweden has constitutional rules that affect the tax system. According to the authors, said constitutional norms focus on a certain tradition that must be evaluated on the basis of a new understanding of the function of tax constitutional law, and the formal and legal aspects of the constitution must be studied in the context of the political and economic objectives of these regulations. For the authors, this approach is particularly important since modern tax systems seem to increase the structural problems of fair and sustainable taxation. Likewise, they emphasize the relevance of human rights to frame tax policies and how they can serve as a bridge between tax policies and issues related to social and economic justice.
-
Birkeland, Kari
(2023)
Kommentarer til regnskapsførerloven 1993
Karnov lovkommentarer.
-
Sitter, Nick & Goldthau, Andreas
(2022)
The EU Green Deal and economic competitiveness
Baltic Rim Economies.
-
Goldthau, Andreas & Sitter, Nick
(2022)
Whither the Liberal European Union Energy Model? The Public Policy Consequences of Russia’s Weaponization of Energy
CESifo Forum, 23(6), p. 4-7.
-
Hemmingby, Anette
(2022)
The Right of Free Movement Must Yield to
Fundamental Human Right
International Labor Rights Case Law.
-
Rønning, Thomas & Bråthen, Gina
(2022)
HR-2021-2532-A. Arbeidsgivers trekk i lønn for påstått feilutbetaling (motregning). Tolkning av arbeidsavtale med klausul om lønnstrekk. Tilbakebetaling. Condictio indebiti. Dissens 4-1.
Nytt i privatretten : nyhetsbrev for informasjon på det privatret, 24(1).
-
Espeli, Harald
(2022)
The minimum wage regulations in the Act on Industrial Home Work 1918–1995
Show summary
Norges første og mest langvarige minstelønnslov, loven om industrielt hjemmearbeid, ble vedtatt enstemmig av Stortinget i januar 1918. Det var en tidsbegrenset lov for fem år som ble forlenget to ganger før den i 1933 ble gjort permanent. Bare et par ganger på 1920-tallet var det parlamentarisk strid om lovens utforming. Hjemmearbeidsloven skulle kontrollere lønns- og arbeidsforhold ved produksjon av klær og andre produkter av industriell karakter, som foregikk i arbeidernes hjem eller hos en mellommann. Loven åpnet for å innføre minstelønnsregulering, noe som ble innført i hovedstaden i 1920 og etter hvert også andre steder. Et overveldende flertall av hjemmearbeiderne var kvinner. Det var hensynet til disse lavtlønnede og ofte utbyttede kvinnene som var hovedbegrunnelsen for loven. Minstelønnsreguleringene omfattet langt mer enn halvparten av hjemmearbeiderne på 1930-tallet, og reguleringene økte lønningene for de aller fleste av disse. Loven ble ikke endret etter 1939 og ble gradvis foreldet. Da loven ble opphevet i 1995, hadde den for lengst sluttet å ha betydning.
-
Fjeldheim, Paul Henning
(2022)
Eiendomsmeglers plikt og rett til å varsle barnevernet
Show summary
Artikkelen tar for seg eiendomsmeglers plikt og rett til å varsle barnevernet i tilfeller hvor befaring av en eiendom gir opphav til bekymringer knyttet til barns bo- og familieforhold.
-
Skjønberg, Alexander Sønderland
(2022)
Kommentarer til arbeidsmiljøloven kapittel 11, 14 og 16.
Karnov lovkommentarer.
-
Midttun, Atle; Khanieva, Marina, Lia, Magne & Wenner, Eivind
(2022)
The greening of the European petroleum industry
-
Bråthen, Gina
(2022)
Kommentarer til allmennaksjeloven kapittel 1,2,10, 11, 15, 18, 19, 20.
Karnov lovkommentarer.
-
Espeli, Harald
(2022)
Fra lokal til nasjonal offentlighet: Offentlige skattelister gjennom mer enn 200 år.
-
Espeli, Harald
(2022)
Bør Riksrevisjonen fortsatt være Stortingets revisor?
-
Benestad Anderssen, Harald
(2022)
Lovkommentarer til avhendingsloven
Karnov lovkommentarer.
-
Novovic, Milos
(2022)
Privacy Nutrition Labels, App Store and the GDPR: Unintended Consequences?
Journal of Data Protection and Privacy, 5(3), p. 267-280.
-
Bråthen, Tore & Minde, Stine Winger
(2022)
Styrets arbeid med bærekraft
Nordisk Tidsskrift for Selskabsret.
-
Hemmingby, Anette
(2022)
Kommentar til Lov om 1 og 17 mai som høgtidsdager
Karnov lovkommentarer.
-
Innset, Ola
(2022)
Metahistory as Public History: On Introducing Metahistorical Perspectives in Events about Events
-
Skjønberg, Alexander Sønderland
(2022)
Arbeidstvistloven kapittel 1, 2 og 3
Karnov lovkommentarer.
-
Ellingsæter, Sjur Swensen; Hveem, Dag Jørgen & Meling, Marie
(2022)
Karnov lovkommentar (panteloven)
Karnov lovkommentarer.
-
Espeli, Harald
(2021)
Redernes motstand mot aksjeloven av 1910
Sjøfartshistorisk årbok, p. 7-64.
Show summary
Norway got its first limited liability company law in 1910. The
law was to regulate the establishment and management of limited
liability companies, which until then had been established and
operated based on freedom of contract. The law’s objective was
mainly to protect the company’s creditors and minority shareholders,
and to promote the legitimacy of the organizational form with
limited liability. This meant that the shareholders had no liability
beyond the share capital. However, the Companies Act did not
cover shipping companies – limited companies that operated
shipping – which was first regulated by the Shipping Companies
Act of 1916. The exemption for shipping companies came into the
Government’s Companies Bill in 1910, after shipowners’ opposition
to previous government bills from the government had
contributed significantly to the Storting discarding the bills in 1903
and 1905. The limited company had replaced the partner shipping
company and its pro rata liability, as the shipping companies’ basic
form of organization before 1910.
This fundamental change in the shipping company’s organizational
form is an important theme in Norwegian shipping history,
but it has to a small extent been linked to the legal and political
tug-of-war over the Companies Act. Shipowners’ opposition and
arguments against a common company law for all business activities
are the main topic of this article. The shipowners are here
understood as the shipping companies’ general managers, who
were often referred to as manager or managing shipowners in a
shipping company or partner shipping company. The manager or
managing shipowner often had a significant shareholding in the
shipping company(s) they managed. The article sheds new light
on the shipowners’ views on corporate governance in limited
companies. It differed markedly from other parts of the business
community that used this organizational form, and where the
Companies Act’s mechanisms for protecting minority shareholders
and creditors were not controversial.
Four questions are central in the article. Which provisions in the draft of Companies Act did the shipowners oppose? Why did the shipowners react so late if the bill was as important as they claimed? To what extent was the government willing to comply with the shipowners’ demands within the framework of a Companies Act? And, why did Norway get its own Ship Companies Act despite the shipowners being relatively satisfied with the changes proposed in the Companies Bill of 1904-1905?
-
Birkeland, Kari
(2021)
Kommentarer til aksjeloven og allmennaksjeloven kapittel 7
Karnov lovkommentarer.
-
Sitter, Nick
(2021)
Defending the State: Nationalism, Geopolitics and Differentiated Integration in Visegrád Four Security Policy
Show summary
During the second half of the 2010s the governments of Poland and Hungary took a sharp turn away from liberal democracy and the rule of law. As they slipped down the international democracy rankings, the European Union initiated its procedures under Article 7 to investigate possible breaches of its fundamental laws and values. However, the two governments sought to distinguish between their conflict with the European Commission over the rule of law on one hand and their commitment to collective security on the other. The central question in this article is whether they managed to do this, and to what extent democratic backsliding poses security challenges for the EU by weakening its actorness in the field of security, defence and foreign policy. A comparative assessment of Poland, Hungary, Slovakia, and the Czech Republic suggests that democratic backsliding does indeed have security implications for the EU, but that this is only one of several factors driving differentiated integration in the Visegrád Four in this field. Developments in the region are part of a wider EU trend of re-nationalization of security policy. Indeed, in the security field, vertical differentiated integration (in the sense of different mixes of supranational and intergovernmental regimes) is a key factor in mitigating the consequences of horizontal differentiation (different Member State policies).
-
Sogner, Knut
(2021)
Creating and Protecting paths. Learning in an entrepreneurial state
-
Collste, David; Cornell, Sarah E., Randers, Jørgen, Rockström, Johan & Stoknes, Per Espen
(2021)
Human well-being in the Anthropocene: Limits to growth
-
Jåstad, Eirik Ogner; Bolkesjø, Torjus Folsland, Rørstad, Per Kr., Midttun, Atle, Sandquist, Judit & Trømborg, Erik
(2021)
The future role of forest-based biofuels: Industrial impacts in the Nordic countries
Show summary
This study applies a partial equilibrium forest sector model to analyse the impacts of biofuel deployment for road transport in the Nordic countries, when alternative use of the biomass resources and transport sector electrification are considered. We foresee a strong electrification of the transport sector, resulting in a demand for biofuels of approximately 2.5 billion L in 2035 and 1 billion L in 2050 in a 100% fossil-free base scenario. The simultaneous increase in demand from pulping industries and biofuel will cause an overall increase in wood use, of which the biofuels share will constitute approximately 20–25%. The utilization of harvest residues will increase more than 300% compared to the current level, since biofuel production will reallocate some of the current raw material used in district heating. Biofuel consumption in road transport will likely reduce after 2040 due to increasing electrification, but it is plausible that the declining domestic demand will be replaced by increasing demand from international biofuel markets in aviation and shipping. The main uncertainties in the scenarios are the future costs and profitability of forest-based biofuel technologies and the public acceptance of the close to 100 TWh of new renewable electricity production needed for the electrification of Nordic road transport
-
Stoknes, Per Espen; Bjerke Soldal, Olav, Hansen, Sissel, Kvande, Ingvar & Skjelderup, Sylvia Weddegjerde
(2021)
Willingness to Pay for Crowdfunding Local Agricultural Climate Solutions
-
Goldthau, Andreas & Sitter, Nick
(2021)
Horses for courses. The roles of IPE and Global Public Policy in global energy research