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ANDERSEN, Niels Akerstrom - Public Market - Political Firms
ANDERSEN, Niels Akerstrom - Public Market - Political Firms
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ABSTRACT
The main argument in this paper is that private companies become an integral part of
the political system when public services are contracted out. Private companies begin to
compete for influence on political goals to strengthen their positions for future tenders.
Firms that are subcontractors to the public sector find that everyday financial decisions
may have an impact on the political process. It becomes necessary for a private firm in
the public market to internalize the logic of politics. The system theory developed by
Niklas Luhmann is the theoretical point of departure, while the empirical study
examines the Danish firm Scan Care and its attempt to construct a market for services
for elderly people in the first half of the 1990s. The author of this article believes that
when public services are contracted out to the private sector, the size of both sectors
changes, as does the quality of the relationship between public and private and the
semantic meaning of both terms. Contracting out not only leads to a larger market, but
also to more politics. Politics explode out of the framework of the public sector into the
private sector and become a basic condition for the involvement of firms in public
markets.
1. Introduction .
public market have to get used to a public life in unaffected by throwing a few grains either
which any internal event could be interpreted way. The boundary has been discussed as
politically. though when public services are moved into
Since the beginning of the 1980s contract- the market. nothing happens except quantita-
ing work out has been advocated as a form of tively : there is a larger market and a smaller
organization of the public sector of the future. public sector. New public management has
Together with privatization, direct payment by ontologized the private and public sectors,
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44
thinking in dualities (Townley 1998). The market for elder care service. The two
author of this article believes that when public companies already in the service sector.
were
sector work is contracted out. not only does the Falck is an old family company, established in
size of each sector change, but so do the quality 1906 and recently bought by a larger insurance
of the relationship between public and private company. Falck has for very many years been
and the meaning of both terms (Teubner 1999). the only private alternative to public fire
Ignoring these semantic changes means ignor- service in Denmark, and in recent decades it
ing the major effects of the strategies of has also been a large security firm in Denmark.
marketization. In this article it will be argued Recently it has entered the market for care
that we cannot expect to find the same qualities provision. Falck’s primary area is Denmark, but
in private firms in public markets that we expect nowadays it is also well established in Norway
in private firms in a private market. and Sweden. The company has more than
Privatization of public services entails a 10.000 employees and a turnover of
redefinition of the relationship between public $80?,000.000 IISD per annum (1997 figures).
and private. The thesis that the logic of politics The ISS is a very large service company, also in
moves together with the privatized services into the international market. ISS has divisions not
the private sector will be developed in the only in Scandinavia, but also in other parts of
following. Contracting out not only leads to a Europe, in Brazil and in Asia. It employs more
larger market, but also to more politics. Politics than 100.00() people and has a turnover
explode out of the frame of the public sector into of almost $20().000.000,000 USD. It provides
the private sector and become a basic condition cleaning and maintenance, health care, food
for the involvement of firms in public markets. hygiene, transport, care, cleaning products and
This article focuses on changes in the machinery, landscape gardening and catering.
conditions of competition and strategy-making. Elder care service in Denmark is entirely a
claiming that these are differentiated into two public issue. Except for hospitals, the local
orders. First-order competition occurs in an authorities control all elder care service. The
already existing market, where strategy-making regional authority controls hospitals. There is
is a question of internal co-ordination of many therefore also a clear-cut distinction between
functionally differentiated plans with one aim. hospitals and homes for the elderly, for example.
Second-order competition occurs when compet- The role of the State has not been to govern
ing firms determine the rules for future compe- individual health trusts, but only to decide the
tition, e.g. by constructing a public market and overall political and legal framework in which
its premises for tender. In this order, strategy- elder care takes place, including approval and
making becomes an inter-organizational matter price control of drugs and recommendation of
of co-ordination of strategies across organiza- treatment. Thus, private firms in the elder
tions, private and public firms, local authorities, service market were almost non-existent until
trade unions and government agencies, in the the creation of Scan Care in 1994, and until
business of politics. recently there has been a great deal of resistance
The development of second-order strategies from the majority of the Danish population
and the explosion of politics into the private against any private initiative in the health
sector goes on not only in relation to contract- sector. Danes would rather pay higher taxes.
ing out. Similar changes may be observed in Today, contracting out (not privatization) is on
relation to reflexive regulation in environmental the agenda. The basic idea is public financing
policies and in industrial policy networks, and private production.
especially in the Scandinavian countries
(Amin & Thomas 1996: Pedersen et al. 199?;
Andersen & Kjaer 1993). What is so special 2. Firm and politics as systems of
about contracting out is that the politicization is communication
an effect of marketization efforts.
A final and verified theory will not be Most research on contracting out has privileged
presented. Instead, a case study will be pre- one system perspective. Economy research
sented. based on which heuristic theses will be focuses on the economic benefits of contracting
developed. The case is the Danish firm Scan out (Savas 19H i I. Legal research focuses on the
Care. Two leading companies established the problems of contracts about products such as
firm in Denmark. Falck and International welfare services (Osborne & Gaebler 1993).
Service Systems ( ISS I, in order to open a public Administrative research focuses on the effects of
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45
contracting out on the public capacity of defined as the unity of the distinction between
steering (Hood 1996). These are all of major the actual and the possible (Luhmann
importance. But exactly because they set one 198 5:1 O2 ). Whenever something is actualized
system as their point of observation, their blind in communication, a multitude of possibilities
spot is the relations and boundaries between arises: meaning is the relation between what we
systems. This is where Niklas Luhmann’s choose and what immediately arises as other
system theory becomes relevant. possible choices. For example, the television
The focus of this article is a boundary, the news about the Tour de France in 1998 focused
boundary between public and private, politics very much on doping scandals. The meaning of
and economy - not economy and not politics - these scandals consists exactly of the fact that
but the relationship between them. The subject they were highlighted against a background of
suggests that a choice of philosophy of difference is other possible highlights, e.g. more direct sport
required. Niklas Luhmann’s system theory has events. So meaning is not a reference relation-
been selected as the point of departure, which ship between words and things or signs and
implies that the distinction between system and concepts, and it is not one possibility in
environment becomes a guiding tool in obser- preference to another. Meaning is a simulta-
vations of firms in public markets. Exactly neous unity of the actual and the possible.
because Luhmann’s system theory is based on In the selection of information, form of
a philosophy of difference and not on a message and understanding, the communica-
philosophy of identity, it avoids ontogizing the tion process simultaneously draws a distinction
public and private sectors as pre-given entities, between itself and its environment. constantly
instead making their constructions an open referring either to itself or its environment. In
question. other words, the system is always using the
distinction between self-reference and other-
Social systems as communication reference, that is, between system and environ-
According to Luhmann’s system theory, society ment. Like all other distinctions. this one is, of
consists of social systems, and social systems course, a distinction in the media of meaning,
consist of nothing but communication. Politics, and an operation of meaning is always an
economy and firms are different social systems operation of a system. Whenever a commu-
of communication. nicative-meaning system draws a specific dis-
Communication is the basic element of tinction between itself and the other, it is also
social systems, be they interactions or more drawing a line between the actual and the
embracing systems like organizations. Luh- possible: thus. we are talking about the system-
mann describes communication as a process constitutive boundary. This boundary is a
including selection of information (what is to be boundary of meaning. It determines that out-
communicated), selection of form of message side a particular system (that is, in other
(shouting or e-mail) and selection of under- systems), meaning is created by other condi-
standing (what was communicated). In this tions. Systems are. so to speak, incommensur-
definition there is no communication until one able regarding their production of meaning.
communication has been opened for connection The idea about communicative meaning
and another communication has connected. systems has multi-faceted implications. First of
selecting one understanding from a multitude all. the environment is not an objective fact in
of possible understandings. So communication itself, but only an environment to a specific
is not necessarily speech acts, but always system, i.e. an internal construction in a system
an ongoing process of selection (Luhmann of communication. Both system and environ-
1995:137-176). Whenever a communication ment are constructed when the line between
process selects information, form of message them is drawn in the communication. In this
and understanding, it actualizes the distinction perspective environment is not a facticity
between the actual and the possible. The shifting with distinctions, but a contingency
selection of information always stands in rela- (Luhmann 1995:295-297). With shifts in
tion to a horizon of possihle information, the distinctions, indications and selections, the
selected form of message to possible forms and system and environment are constituted as
the selected understanding in relation to possihle difference and as horizons of possibilities, and
understandings. the environment is always more complex than
Communication as an ongoing process of the system boundary. Outside one system of
selection is intimately related to meaning. communication, meaning is always constructed
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46
differently by other systems, and whether or not of course, open to an endless number of
the alien constructions are noises heard from situations, just as it is open to a supplement of
the system depends on its own internal bound- many other distinctions.
ary construction (Teubner 1992). In this framework we might see the
Secondly, communication is only possible political system as signified by a particular
within system. Different systems may com-
a function, medium and code (Luhmann 1968,
municate about each other, but they cannot 1971, 1972, 1974, 1977, 1984, 1990). Func-
communicate with each other, simply because tionally, the political system emerges as a par-
they produce meaning differently. The radical ticular communication giving itself the function
consequence of this approach is that every of making collectively binding decisions. The
communicative system establishes its own medium of communication is power, and in this
environment and, more importantly, only one connection, two codes provide the boundary of
environment. From the viewpoint of commu- meaning of the political system. The primary
nication, the world (space, time and objects) is coding of the political system is government/
mono-contextual. But from the viewpoint of governed, where government is the positive
differentiation, ’the world’ is a polycontextual value and governed the reflexive value. It is
flux swarming with ’ontological places’. The always better to be in government than to be
result of differentiation in communication is an governed. The democratization of the political
endless number of social systems, each with its system adds a secondary coding. Democratiza-
own environment, communicative closedness tion led to a bifurcation of the top of the political
and selection of meaning. system. Government becomes split into govern-
ment (+) and opposition (-). (designated as
Politics and economy as social systems +power/-power), where it is always better to be
Politics and economy belong to what Luhmann in government than in opposition; more power
calls ’functional systems’, that is, systems that is always better than less power. Government
close themselves around certain functions. Law, here means to have the right to make collec-
art, religion and science are also functional tively binding decisions. The primary and
systems. They may all be observed as functional secondary coding of the political system stipu-
systems consisting of nothing but communica- lates that all that can be made politically
tion, and in this communication differentiating relevant must serve either government or
themselves from each other: politic/not politics, governed in the primary coding or government
economy/not economy. art/not art. etc. through or opposition in the secondary coding. Finally,
functional differentiation. government and opposition are always rela-
Historically, functional systems have tional values or positions in the communica-
emerged parallel to different media of commu- tion, and nothing else. Opposition can only
nications. Economy co-evolves as an autono- reflect upon itself in the relation to the
mous system with money, politics with power possibility of government. Connecting to the
and science with theories. A medium of com- positive value simply means connecting to the
munication is a highly generalized loose coup- value of power, that is, how to stay in power or
ling of possibilities that can be found in an how to get into power, and connecting to the
endless number of communications without negative value means reflecting on how to do
losing its generality. Money can be used to buy better, assessing the risk of losing power, etc.
cookies, and ten minutes later the same money Wherever communications follow the selections
might be used to buy sex. Each of the transac- of the code, it is regarded as the political system
tions is bound to a specific meaning, but it does of communication. So the political system is not
not influence the money as such. limited to parliamentary institutions and poli-
Bound to the media of communication is tical parties, but extends also to the commu-
binary codes. A binary code is a difference in nicative connection to the political coding.
preference with a positive and negative side. The In parallel, the economic system can be
positive side defines a basic value orientation. signified with a particular function, medium
The negative side is the reflexive side. Binary and code (Luhmann 1994). Functionally, the
codes ensure the identity of the functional economic system emerges as a communication
systems. Communication in the system may giving itself the function of determining prices.
always connect to one or the other side of the The medium of communication is money, and
code. The code divides the world of the connected to this medium is the code owner-
particular system into two: + or A code is,
-.
ship/not ownership (or operatively pay/not
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47
pay). The whole world can be divided into what must exclude an endless number of possibilities.
I ownand what I do not own, where it is, of This can be done through the creation of a few
course, better to own than not to own. Again, alternatives from which to choose. By con-
the two sides of the code are only positions in the structing alternatives, decisions are implied
communication, and the code is open to many about which alternative alternatives to exclude.
other distinctions. To unfold this paradox organizations often
Economic communications can only com- refer to their environments. A private firm
municate with economic communications, and might refer to the market as a demanding factor
political communications only with political not to be ignored. A public organization might
communications. The two systems may, of refer to an authority. A kindergarten might refer
course, observe and communicate about each to the needs of the children, etc. What happens
other, but never with each other. The economic is that the organization decides what belongs to
system may understand everything it observes its environment and what belongs to itself. It
in the political system, but it will always make it decides what is the relevant environment. The
economically meaningful by connecting it to environment of the organization is an internal
one side of the economic code, and visa versa. construction within the organization. When the
Everything may be understood in the political organization describes its environment, it simul-
system, but always within the framework of the taneously defines what is relevant to the
distinctions government/governed and govern- organization, how the organization stands in
ment/opposition. Taxes provide a very mean- relation to its environment and what the
ingful theme in both systems, but in very objective conditions for decision-making are
different ways. Increasing taxes may be con- within the organization. When the organization
nected to the reflexive side of the code govern- describes its environment, it simultaneously
ment/opposition discussion, the risk of losing draws a boundary between itself and the
power in the ruling party. In contrast, taxes may environment. Neither organization nor envir-
be seen as potential future economic transac- onment exists as a precondition, but both
tions, a new market of consulting with the emerge drawing the boundary by means of
prospect of minimizing taxation. ,
their differences. So the identity of the organiza-
tion consists of nothing but its relationship with
Organizations as social systems and as the internally constructed environment. If the
forms environment of the organization is the point of
Organizations are another type of social system. reference that stops the argumentation about
Organizations may be defined as decision- alternative decisions, then the boundary
making systems. Organizations consist of between organization and environment is the
decisions, and they themselves produce the blind spot that makes decisions possible under
decisions they consist of. A decision is, then, the paradoxical condition of undecidability of
a communication, which implies a choice of decisions.
attitude to a social expectation (a fixation of an Organizations are systems of decision-
expectation on an expectation). The decision making, but they are also forms forming general
makes a distinction between before and after. media of communication in concrete situations
Before the decision, alternatives appear as open of decision. Organizations are never a part of a
contingencies. After the decision, the same functional system. Organizations belong to the
contingencies are fixed; the decision might environments of the political system, the
have been decided differently. economic system, the system of art, of science,
Decisions are basically based on paradoxes: etc. They cannot communicate with each other.
only questions, which, in principle, are undecid- Though organizations always emerge in con-
able, mav be decided (Luhmann 199 31. If an nection with functional system, they are
a
answer can be found by analysis, it is not a always linked to at least one functional system.
matter of decision, but of calculation. Organiza- The link is a relationship between form and
tions as decision-making systems are therefore media. Decisions always form a medium. As
thrown into a maelstrom of choices, choices mentioned, media are generalized loose coup-
that do not vanish through careful analysis. To lings of possibilities open to many concrete
be able to arrive at a decision, organizations forms. Decisions as forms are opposing, tight
must unfold the paradox of decision-making : couplings of possibilities, bound to a very
that is, they must make the paradox invisible. To specific situation only for a moment. While it
create a situation of choice, the organization is easy to exchange elements of a medium, e.g.
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48
one coin with another, it is impossible to . The differentiation in a political system and
exchange elements of a form, e.g. one decision an economic system suddenly becomes a
for another decision. Though it is given that differentiation of communications inside the
organizational communication must link to a organization, oscillating between forming the
functional system forming its medium. it is political codes and the economic codes. We
basically open to choice as to which medium to may therefore expect disagreements or con-
form or whether to form several media (but frontations between incommensurable com-
never in the same operation). Again, as men- munications within the firm itself.
tioned, a general medium always carries a w The very construction of the decision as a
binary code. So the choice of medium in the decision will be influenced by the politiciza-
organization is a choice of closure of the tion process. To decide is simply not the same.
organizational communication. Using money It depends on the coding.
as a medium, decision-making basically .
Changes in the argumentation behind a
becomes a question of spending or not spending. decision can be observed, and therefore also
Using power as a medium; decision-making in the method of generating alternatives.
basically becomes a question of government . The organization will observe the environ-
versus opposition. ment differently using quite another seman-
We are now very close to a reformulation of tic developed in the political systems.
our research question about private companies Different and incoherent pictures of the
in public markets. A firm may be regarded as a environment can even be observed, depend-
kind of organization. In general it could be said ing on the code of communication.
that private firms are organizations forming the . The organization will recreate its descriptions
medium of money, that is, they are organiza- of itself. New types of reflexivity can be
tions closing themselves around the code expected to cope with the double coding of
spending/not spending, ownership/not owner- the organizational communication.
ship. They are, of course, open to form other In the following, the focus will be on Scan Care,
codes, but it is to be expected that the code
spending/not spending should play the most
not given actor, not as a given entity with a
as a
important role. This also means that the code given environment. Scan Care will be observed
as an organizational system emerging in com-
spending/not spending is the departure of the
munication: that is, communication and the
internal communicative description of the
distinctions between Scan Care and its environ-
organization itself as well as its environment. ment as they emerge in the communication will
The construction of the environment as a
be observed. It cannot be presumed that there is
market divided into segments, customers, com-
petitors, partners, etc. may be seen as a mirror
only one Scan Care. There may be many
communications referring to themselves as
of this.
’Scan Care’ while defining themselves-in-envir-
Other organizations might form other onment very differently. The observer has to be
codes, thereby constructing themselves as orga-
nization-in-environment, basically as ’different’. open to discontinuity not only in time (the
distinction Care/environment might
Scan
Public organizations form the code government/
governed and parties form the code govern- change significantly over time), but also in
space and from situation to situation.
ment/opposition, etc.
begin to form the medium of politics, that is, palities, such as letters and reports. Finally, I
they close themselves around the code govern- also conducted interviews.
ment/opposition. This is outlined in the follow- So the data are first of all made up of texts.
ing subtheses: The texts have not been read as expressions of
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49
an author. Neither they have been read as service for the elderly. The progressive defining
manifestations of a kind of structure. They were of this concept included elements such as the
read as communicative monuments, as recur- creation of a ’think-tank’ and running pilot
sive communicative selections, each of them projects. It was envisaged that this concept of
connecting to earlier selections, opening a service for the elderly would include cleaning,
horizon of possible future connections, alto- food delivery to the home, personal care, linen,
gether making a communicative net of articu- laundry, security, surveillance, on-call service,
lations (Andersen 1999). distribution of aids and transport (ISS 1990).
The ISS department for strategic marketing
completed its plan for Project ISS Service for the
3. Scan Care between politics and market Elderly in January 1991. The aim of the project
was to develop a service package, which would
Construction of the market for elderly contribute to the realization of the socio-
services and the development of Scan Care political aims for the elderly care sector as
The story of Scan Care begins with the ISS. In cheaply as possible. It had to be broadly based.
October 1990 the ISS’ department for strategic modular and suitable for export in its entirety. A
marketing wrote a ’Background Paper for a draft was developed for a course of action
Project to Develop the Concept of an ISS Service starting with a clarification phase, during
for the Elderly’ (ISS 1990). This paper provided which a market analysis was carried out, the
the initiative for the company’s first step in the need for product development was identified,
development of an internal construction of a the framework for creating a service image was
market segment for elderly care service. Based set, and the aims for exporting the system were
on a population prognosis from the Danish clarified. Furthermore, a series of key questions
Office of Statistics (Danmarks Statistik) and on a were raised about the limits of the market
market analysis carried out by The Danish segment, the structure of the delivery system.
Bureau for Technical Information (Dansk project management and the extent to which
Teknisk Oplysningsforbund), ’From Baby Boom the ISS service for the elderly would be an
to Senior Market’, an expanding market for independent organizational unit. The argument
elderly care service was identified. for independence was that it is very important
Three trends were highlighted: (1) in the that an organization be perceived and perceive
near future there will be more elderly people. itself as a unit with its own identity (ISS 1991b).
especially elderly people with very great need of In August 1991 Project ISS Service for the
care; (2)the demands for care of the elderly will Elderly published a quantitative report on the
increase; and (3) more and more elderly people market for elderly care in Denmark. It included
will remain in their own homes longer. Finally, an analysis of the size of the market, market
the financial circumstances of local authorities shares, extent of coverage, etc. The market was
had deteriorated during the 1980s, and the identified as the world, which is the primary
economy did not look like it would improve in subject for analysis in this report (ISS 1991a).
the 1990s. Together, these three tendencies Towards the end of 1991 a department for
created a potential drain on resources, which domestic service was set up with the aim of
would force local authorities to think laterally providing cleaning of pensioners’ homes. Sev-
and use private companies to provide service for eral contacts were made with local authorities
the elderly. It was therefore predicted that local during the autumn of 1991, and the following
authorities would be forced to open a new spring a series of seminars were held on service
market. At the same time it was thought that for the elderly, which were attended by staff of
these circumstances were not uniquely Danish; all grades from various local authorities. From
similar circumstances prevailed in other coun- the point of view of the ISS, the aim of these
tries such as the USA, Japan and Canada. New seminars was to gain insight into the sector
outlines were being drawn not only for the with a view to laying the foundations for
Danish domestic market, but also for a great negotiating on equal terms with local auth-
export market for elderly care. The construction orities. In late summer of 199?, the first major
of this potential market became a reference local co-operative project was commenced with
point in the ISS’ consideration of new product the municipality of Crcested-Gilleleje.
investment. In 1993, conditions for the Project
With reference to this potential market, it changed significantly. Falck bought up ISS-
was proposed that the ISS developDownloaded
a concept for Securitas, which eliminated competition be-
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50
tween the ISS and Falck for on-call service. They systems within the two companies. The paper
could now be said to be ’completely comple- emphasized that ’... by combining the current
mentary as regards service delivery’ (Steffensen services of Falck and the ISS it will be possible to
1995). Falck had the know-how about alarms offer local authorities a concept which will meet
and security, while the ISS were experts on the need for security for the elderly ... A
cleaning and catering. With the purchase, both combination concept is unique and by making it
companies became contractually obliged to possible for the public and the private to
explore the potential for joint co-operation in pick’n’mix the services as necessary, the provi-
the field of care for the elderly (Falck 1995). sion can be tailored to individual needs’. The
In the summer of 1993 the ISS and Falck paper recommended that a company be set up
were well into the negotiations about joint work not as a provider, but as a buyer of services and
on elderly care. At the same time the coalition products from the ISS and Falck. This company
government led by the Social Democratic Party would:
sent out messages about co-operation between . have responsibility for the customers
the public and private sectors. The report The
Public Sector in a New Light published in June
.
identify and describe the need for products
and services within the field of elderly care
1993 mentions joint developmental work,
including contracting out and contracts for
.
gather intelligence about the market and its
development. The report stated that ’creating a possibilities, threats, norms, standards,
close dialogue and co-operation will be a agents and interest groups
. a network in the social sector
develop
challenge which will break down the old influence opinion
barriers between the sectors and replace them
with common ’growth areas’ where the product lobby the public and agents in the sector
create an independent image of the company
development and export potential of private initiate and participate in joint product and
companies will be in the centre’ (Finansminis- method development between the sector and
teriet 199 3a. 1993b:5).
the managing companies
A subsequent report in September 19933
. take the lead in making,
from the Ministry for the Co-ordination of sustaining and
Employment Politics caused even greater excite- following up contacts with agents in the
ment at Falck and the ISS. It stated, among elderly sector (ISS & Falck 199 3 ).
other things, that ’There are prospects for both Scan Care was set up in January 1994. It held
strategic contracting out and the establishment itsinaugural management committee meeting
of public-cum-private companies in the field of on January 28, at which were discussed, among
elderly care. Public-cum-private companies other things, Scan Care’s mission statement,
could be in charge of setting up and running aims, common strategy, organizational plan,
nursing homes, and such companies will action plan and timetable (until August 1994),
subsequently have an edge in the competition common projects, contacts and the interested
for export of the system to other countries’ parties surrounding the new company. A
(Ministeriet for Erhvervspolitisk Samordning technical committee was set up to co-opt
1993:77). influential agents within the sector as well
In this positive atmosphere the ISS and (Scan Care 1994).
Falck wrote a paper to describe their potential
for joint work (ISS & Falck 1993). In this paper Attempts at keeping politics out of Project
the environment that the ISS had originally Eldercare
constructed for its project on service for the Setting up Scan Care was. as shown above,
elderly became a shared one of co-operation closely related to a process whereby the image of
between the ISS and Falck. Thus. the par- a market for elderly care was constructed. Then
ameters for co-operation were established. It a position was developed from which the
was the purpose of this paper to define a company could be active in this market, and
common position for the ISS and Falck in the finally a legal framework was established
market, based on that originally identified by through which this position could be held and
the ISS. expanded.
Among the objectives of the paper was the Although the perception of Scan Care in a
intention of discovering whether there was a market and reference to the economic code
need for care among the elderly, which could be dominated its early development, political
met by the current product range and delivery aspects were not absent as a theme. Most
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51
people carrying out separate duties. Instead one authorities, local government and personnel,
or two carers would perform several functions the elderly and local citizens in general)and also
and develop closer relationships with individual in its internal criteria for decision-making. Scan
elderly people. At this point Scan Care realized Care moved from a natural use of financial
that there was not great market potential for arguments identical with its justification of itself
’service only’ delivery. in relation to the trends in the elderly care
This new situation generated a lot of dis- market to creation of a range of comparable
cussion at Scan Care and its parent companies, models for argumentation. In the end, its
ISS and Falck. The ISS found it immediately arguments were political, with the political
problematic to offer the total service because it code of government/opposition as a background
would imply crossing the boundary between model implemented by questions such as: ’Does
physical and mental care of elderly people. this line of argument lead to dialogue or
moving into areas where they currently had no conflict?’ and: ’Which agents can be included
competence and risking politicization. in which argumentation models?’
However, Scan Care accepted the condi- The three argumentation models used by
tions made by the local authorities. To quote Scan Care have been designated as follows: The
Scan Care, the company was now ’moving from Politics of Expenditure Model. The Synergy
a strategic situation focusing on market devel- Model and the Value Model. These models can
opment into a business development situation in be characterized using three variables:
which products as well as clients are new’. This 1.The final argument: what is the final argument.
change of direction meant that Scan Care the last reference, on which all other arguments
became the focus of attention for ISS manage- are based? If this final argument is rejected, the
ment. It was feared that control would be lost in entire model is refuted.
a turbulent situation arising from lack of 2. Subject positions: which possible stands can
competence and politics. They were aware that agents take and argue from within the model? and
the automatic response in general would be that 3. Open/closed: to which arguments is the model
’profit and care don’t mix’, and a political open and closed?
reaction was expected (Steffensen 1995). Organizations can relate to argumentation
From August 1994 Scan Care worked on models in two ways. They can either have a
the basis of integrating nursing, care and model and base arguments on it, or they can
’service only’. Care aspects, such as reading
aloud and attending elderly people on holidays.
develop a model and reflect on the argumenta-
tion. In the case of the former, the border
were developed, as were nursing aspects such as
between the organization and the outside world
dispensing medicines, physiotherapy and exer- is a known certainty. In the case of the latter, the
cise.
border is played with during learning processes.
Suddenly, it was no longer possible to keep
politics out. As expressed by a Scan Care
director: ’We were suddenly on the political The politics of the Expenditure Model
agenda. We were knee-deep in it’ (Steffensen This model is identical to the one on which the
1995). Television and the national papers aim of Project Eldercare was based in 199().
covered the issue and demonstrations against This model is therefore connected with the
contracting out service for the elderly were held vision of Project Eldercare within a market. The
in some areas. basic assertion is, very simply, that there are
Crossing the political line effected a shift in trends that will force local authorities to
the argumentation model from economic to consider contracting out for financial reasons.
political, and a change of view of the outside The justifications for contracting out are there-
world, attaching greater importance to asses- fore solely financial.
sing the political environment and thus shifting The following quotation is an example of
the company’s own position. this model:
’There will be many more senior citizens in the
From economic to political argumentation
municipality of Graested-Gilleleje in the years to
In the transition from trying to keep politics out
come. There will particularly be more of the very
(by distinguishing between mental and physical old who will be in need of the greater care services.
services) to segregating and subsequently poli- Elderly care services in the municipality of
ticizing on all levels. Scan Care shifted in its Graested-Gilleleje will therefore need many more
argumentation to the outside world (local resources to maintain the present quality standard
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53
the key local public services, nursing and care. believes that ’the trend of the undercurrents in
(Scan Care 199 Sa 1)1 the developments in society is in a direction
which is favourable to Scan Care, all things
On August 24, 1995 another management being equal; however, the immediate political
meeting was called. According to the agenda. manifestations are becoming problematic to
plans for 1996 were to be discussed, among Scan Care. The current is with us; but wind
other things. This item was supported by two and waves are p.t. against’ (Scan Care 1995c).
documents: Developmental Scenarios 1995- It is concluded that ’The strategic challenge
2000 (Scan Care 1995d) and Strntegic Plan for Scan Care consists of realizing its aims in
1996 prognosis 2000 (Scan Care 1995c). The a market and a political situation which
analysis of Scan Care’s political environment is is characterized by a widespread but not un-
the decisive factor in these papers. The former equivocal political-ideological opposition, pro-
outlines scenarios for each individual existing fessional scepticism and major technical
project, plus a number of potential projects. For challenges of setting up a complex and untested
each project four possible scenarios are delivery system’ (Scan Care 1995c).
described: the best possible situation, an opti- Closing down Scan Care was seriously
mistic assessment, the realistic assessment and considered from September of that year
the worst possible case. ( Jorgensen 1995). On October 12 a public
It is characteristic of the analysis that the announcement was made that Scan Care’s
causes typically identified in the ’realistic’ or activities would be wound down in such a way
’worst possible’ scenarios are mostly related to that it could be revived with 24 hours’ notice
politics. There are. in almost every case, political when Denmark is ready for it. The reason given
reasons for a project failing. The political aspects was Prime Minister Nyrup Rasmussen’s nega-
are described in the following terms: ’a long tive statements about privatizing elderly care.
political process’, ’political opposition’, ’political Internally, the reason for winding down was
turbulence delays the start’, ’no political basis’, understood to be that ’The public market is not
’the political majority is maintained’, ’the yet sufficiently ripe for Scan Care to maintain an
political majority is lost at the election’ and organization of the present size on a sensible
’for political reasons the time is not ripe’ (Scan basis’ (Johansen 1995).
Care 1995d). Everywhere politics is referred to. z
opposition to privatization. Thus, the economic and second-order is therefore suggested. First-
code took second place, and its realization order is competition for a given market with
became dependent on Scan Care’s political given premises. Second-order is competition
endeavours. with the intention of defining the premises of
The shift in code is even more visible in future competition. Second-order markets are
Scan Care’s observation of the world around it. markets under construction, which involves not
Until the dissolution of the boundary between only the creation of demand, but also of
the mental and physical. Scan Care constructed institutional frameworks and the rules of the
its environment as a market. After the dissolu- game.
tion of the boundary, the environment was In relation to contracting out, second-order
constructed as a political one with political allies competition is important. When Scan Care was
and opponents. The focus was on political risks created, a market for elder care simply did not
and processes. exist. Despite this situation, Scan Care defined
Finally, we saw how the economic code and itself as a company in the market for service for
the political code clashed. It became a problem the elderly. There was no such thing as first-
for Scan Care (and especially the ISS) to be order competition. There was no other company
patient, that is, to decide when to end its defining itself in the same sector. Scan Care
political involvement (with or without success) contextualized itself in an imaginary market, in
and let the economic code take over. a potential but not yet actual market, and it
realized that it could secure an important future
position if it opened and defined the new public
market. Competition was recognized as a
4. Conclusion: language games and second-order activity.
second-order strategies
It could be said that second-order competi-
tion is a passing phase, but it should be
Does contracting out then lead to more market remembered that the conditions of public
and less politics? The experience of this case markets are political and thus open to change
study suggests a change towards more market and influence. The specifications of product
and more politics. In this last part of the article
seven more theoretical theses about the parti- quality in tenders are closely connected with the
cular conditions for a company in a public policies of the relevant areas of interest, such as
older people’s needs, general health or chil-
market are outlined.
dren’s needs. To formulate and decide a policy is
therefore also to define the premises of future
Thesis no. I
competition.
Competition will differentiate into two orders. Second- When companies compete in the second
order competition is about defining premises of future order, other conditions of strategy-making,
competition. If a company does not participate in learning, cognition, etc. may be expected to
second-order competitIOn. it risks being excluded from
arise. Second-order companies are not only
participating in first-order competition as well. economic organizations; they are also political
The public market is in many cases not yet organizations taking parts in political games of
established. It is a market under construction; negotiation together with a whole range of
therefore the rules of the game have not yet different actors.
been created nor fixed. The companies involved The strategic challenges differ for the two
must relate not only to the market, but also to a orders of competition. A distinction between
potential market that is not yet open. Even in first- and second-order strategies similar to that
areas with a tradition of tendering, the political between the two orders of competition is sug-
game constantly redefines the conditions of the gested (Andersen 199?: Jessop et al. 1993). In
market, changing budgets, priorities, policies strategies of first order, an individual company
and procedures. Under such circumstances co-ordinates internal activities and plans for
competition has to do with the very opening of a known future. In strategies of second order,
the public markets and the definition of its various different organizations (e.g. private
premises. Competition is about the constructing firms, local authorities, unions, government
of a market already in the making, creating departments and agencies) co-ordinate their
advantageous opportunities for future expan- first-order strategies for the long-term future.
sion. In other words, second-order strategies have
A distinction between competition of first- to do with the definition of imaginary com-
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57
The question is: how can each company blocking, the self-reflexivity of other systems
deal with the blind spots of the others? This is (Andersen 1995).
what second-order learning is all about: to
’hack’ through models of argumentation, Thesis no. 6
through the system boundaries of others.
However, models of argumentation can never Learning about one’s own boundary of meaning is only
be broken from the outside. The ’hacker’ has to possible within a boundary of meaning. The blind spot
be located inside the model as a prisoner of a ova system may only be displaced and never dismissed.
particular semantic and bound to particular Companies may learn about effects of bound-
blind spots. ary-making. However, in the case of Scan Care,
A distinction can be made between first it is important to note that the company always
and second-order learning. Learning of the first observed models of argumentation from within
order can be defined as learning based on a non- another model of argumentation (the Politics of
reflected system boundary about the effects of Expenditure Model, the Synergy Model and the
decisions in relation to expected effects.The Value Model). When Scan Care discussed the
system boundary, that is, the boundary of weakness of the politics of expenditure model, it
meaning of the communication system, found always did so from the point of view of another
learning of the first order by founding the model. The illumination of a blind spot of one
expectations of the system, and of course, the argumentation model always came from
boundary changes slowly as an implicit out- another model with another blind spot. So the
come of the learning process. In contrast, blind spot can only be displaced, but can never
second-order learning is defined as learning disappear completely. Learning of the second
based on self-reflexivity of one’s own boundary order means self-reflexivity of the system/
about the effects of boundary-making. For environment boundary, but a situation is
instance, how does this particular distinction never without a boundary and never outside a
between inside and outside our system reduce model of argumentation.
our possibilities of dealing with the blind spots of
other systems? Learning of the second order Thesis no. 7
assumes that boundary-making affects the
To question your boundary in second-order learning
reception of oneself into other systems. The
search to be recognized is a part of what other processes also means putting your identity at stake.
systems define as a relevant environment. The A company can redefine its system/
never
effect of failure is that you turn into pure noise. environment a new model of
boundary using
argumentation without also redefining its
Thesis no. 5 identity. When Scan Care moved from the
Politics of Expenditure Model to the Synergy
The firm has to reconcile itself to the fact that it cannot Model, it also redefined the very mission of its
declare its own image of the environment as a valid work. As a concrete example, the concept of
image to all other systems. There can be no hierarchy oJ service for the elderly changed when the model
‘realities’.’.
of argumentation was displaced.
To insist on one’s own construction of the The identity of a company is at stake when
environment as superior would mean ignoring it enters the second-order learning process, and
the fact that systems in general are not able to it is arguable whether this involves the very
be in direct contact with their environment. character of identification, not of the identity per
They only make sense to their environment and se, but of the way identity is constructed. On one
events in it via an internal construction of the hand, a company might gain greater autonomy,
environment. The internal construction of the making itself master of argumentation models
environment enables the system to observe the and boundary constructions. On the other, the
environment, but always restricted by a blind company risks becoming a stranger in its own
spot. If a system, e.g. a company, still insists on home because boundaries no longer constitute
its superior construction of the environment, it a solid universe, protecting the company against
risks losing credibility in other systems. The the paradoxes of decision-making.
company risks being dismissed as meaningless In short: privatization and the opening of a
noise. Instead, the company has to limit itself to public market do not in a general sense lead to
the presentation of future images open to marketization. The dogma of new public man-
different interpretations, and Downloaded
supporting, not agement cannot be taken for granted. Privatiza-
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distribution.
60
flexibility and budget balance. It has been Co-operation with the ISS. Working Title: Project Home
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