Law As Metaphor
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Narrative and Metaphor in the Law
Author: Michael Hanne
language: en
Publisher: Cambridge University Press
Release Date: 2018-02-08
Scholars from many disciplines discuss the crucial roles played by narrative and metaphor in the theory and practice of law.
Lying Down Together
Law is understood, interpreted, and practiced by metaphor. The presently dominant, conceptual metaphor for law is that "law is the bulwark of freedom." Milner S. Ball, in this experimental statement, invites the reader to consider an alternate metaphor: "law is a medium of human solidarity." A more humane metaphor for law, Ball's alternative connotes an open-ended conductor allowing for exchange and flow rather than the defensive wall or barrier associated with "bulwark." To discover how this alternate metaphor may take concrete form, Ball explores the law of the sea and coast while basing his discussion in broad theological terms. This provocative analysis of jurisprudence will interest academic and practicing lawyers, theologians, philosophers, and political scientists concerned with legal studies. Law as bulwark suggests a static, defensive posture that is all divisions and boundaries--a contradiction to the meaning and purpose of law as well as destructive of human community. Law as medium, illuminated by Ball's analysis of international, federal, and state marine law, releases these barriers and promotes a flow of dialogue. When viewed in this way, law serves the dynamics of a transfigured society. The metaphorical context of law as bulwark, depicted by Ball, is "Fortress America"; the metaphorical context of law as medium is the "Peaceable Kingdom." Ball examines the possibilities and practice of law as the medium of the "Peaceable Kingdom" through a theological perspective based on a nonreligious, political theology of the natural. The author also draws imaginatively upon ecology, physics, art, literature, ethics, and rhetoric to persuade the reader to join him in his hope for a jurisprudence more authentically human and less inherently victimizing than that of the legal system today.
Metaphor in Legal Discourse
Author: Inesa Šeškauskienė
language: en
Publisher: Cambridge Scholars Publishing
Release Date: 2022-02-22
This book explores different aspects of metaphoricity in legal discourse, from court proceedings and written institutionalised texts to judges’ argumentation and in spoken records, among others. It brings together linguists and law professionals from six different countries to investigate metaphor as a conceptual phenomenon accessible through language and, more specifically, through actual linguistic contexts of use.