METAPHOR AND METONYMY IN CIVIL LAW COMMON LAW AND ISLAMIC LAW - COMPLETE LIST Rev 190314.docx (original) (raw)
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Metaphor and metonymy in comparative law - Conference - 190402R
Metaphor and metonymy are not mere tropes, but instruments for reasoning in law and about law. Another illustration that Law is a cognitive tool created by homo sapiens. La métaphore et la métonymie ne sont pas seulement des tropes, mais des instruments pour raisonner en droit et à propos du droit. Un autre exemple de ce que le droit est un instrument cognitif créé par homo sapiens.
METAPHOR AND METONYMY IN COMPARATIVE LAW - PRESENTATION 190307R.pptx
SUMMARY Metaphor and metonymy are not mere tropes, but instruments for reasoning in law and about law. Another illustration that Law is a cognitive tool created by homo sapiens. La métaphore et la métonymie ne sont pas seulement des tropes, mais des instruments pour raisonner en droit et à propos du droit. Un autre exemple de ce que le droit est un instrument cognitif créé par homo sapiens.
METAPHOR AND METONYMY IN COMPARATIVE LAW - ARTICLE 190307.docx
AMENDMENT AT p. 14: - movable property (conceptual metonymy, in civil law) and - personal property (conceptual metaphor, in common law). SUMMARY Metaphor and metonymy are not mere tropes, but instruments for reasoning in law and about law. Another illustration that Law is a cognitive tool created by homo sapiens. La métaphore et la métonymie ne sont pas seulement des tropes, mais des instruments pour raisonner en droit et à propos du droit. Un autre exemple de ce que le droit est un instrument cognitif créé par homo sapiens.
Metaphor and metonymy in legal texts
Jezikoslovlje, 2013
Legal discourse has been studied so far by numerous linguists and legal experts. Linguistic studies have predominantly focused on stylistic elements of the legal register, such as morphological and syntactic features. Until recently the figurative nature of legal register and its great potential were completely disregarded by linguists. While legal experts realised the importance and power of metaphor and metonymy decades ago, linguists have been slow to follow. The aim of this paper is a contrastive analysis of conceptual metaphors and metonymies in the legislation systems of Bosnia and Herzegovina, the UK and the US. The metaphors and metonymies used in the analysis are collected from Higher Education Acts from these three countries.
METAPHORS AND LEGAL LANGUAGE: A FEW COMMENTS ON ORDINARY, SPECIALISED AND LEGAL MEANING
Research in Language, 2019
The present text offers a few comments on the metaphorical dimension of legal language and the nature of legal language as such. The authors discuss selected metaphors in the context of the Polish legislation with the aim to show how the metaphorical dimension of language can be used and abused. It is also demonstrated that the metaphorical dimension of language can cross-cut the interface between language and law on different levels. There are metaphors in legal texts that can be deliberately used to emphasise or cover selected aspects of meaning, and others that can just happen to act irrespective of any premeditated action on the part of the legislator. Finally, in a wider perspective, it is shown that the relation between ordinary language and the language of the law, i.e. ordinary meaning and legal meaning, may itself be seen as a relation between two domains within which metaphorical mapping takes place. It is claimed that the divide between the realm of law and the "real world" goes beyond a trivial division relative to expertise in the law and expertise in legal discourse, but can be better understood as the division between the legal community and the non-legal community including the academia where linguists reside.
“TOWARDS A HERMENEUTICAL APPROACH TO LEGAL METAPHOR”
Towards a HermeneuTical approacH To legal meTapHor i law and meTapHor "Normative language is metaphorical." 1 With these words, Italian scholar Alessandro Giuliani called upon legal scholars to venture into the field of metaphor studies, in order to deepen their awareness of legal terms and doctrines. Legal practitioners and scholars work with words to resolve disputes and pursue justice, but also to obscure, mislead and promote unspoken interests. The inevitable, sometimes insidious use of metaphor reflects the ambiguous nature of law and of language; metaphors can be used to further communication and clarification, but also to produce disinformation and confusion:
Metaphors and Models in Legal Theory
(2011) 52 Les Cahiers de Droit 397
"In this article, the author argues that metaphors can be used as the basis for creating models in legal theory. Drawing on the literature on metaphor from the philosophy of language, he contends that metaphors are best understood as speech acts that propose a hypothesis of similarity between two separate domains. This kind of domain mapping, he argues, is the same procedure that underlies many scientific models, which allow us to transpose our understanding of well-understood phenomena to other areas of inquiry. He concludes with the assertion that — far from being merely ornamental uses of language or rhetorical devices — metaphors are important methodological tools in both the construction and critique of legal theory."
"Formed out of fire and earth" 1 . Legal metaphors and the quest for rational commensurability
In recent years, the influence of the second generation of cognitive science on legal literature has led to an important flourishing of studies dedicated to the role of metaphor in legal experience. This topic has been underestimated by legal scholars for long time, as it can be seen by a comparison of the academic production in almost every other field of research since the Fifties. Notwithstanding this "metaphor renaissance", the current approach moves towards the application of the framework elaborated for conceptual metaphor in general to instances of it in legal matters, in other words, legal metaphors are studied simply as metaphors tout court. But our western classical tradition assigns a very special place to metaphor exactly in the heart of legal practices, in a framework that see Rhetoric as the art of building that specific kind of discourses. Researching into the core of this intimate connection between ancient Rhetoric and metaphor we find that a major issue that is at stake there has been completely removed from contemporary approach because of the detachment of Rhetoric from its specific traditional fields. That issue is the epistemic necessity as well as the ethical and political duty to avoid the fall of oppositions into incommensurable claims.
Günter Thomas and Heike Springhart, eds., Risiko und Vertrauen / Risk and Trust: Festschrift für Michael Welker zum 70. Geburtstag , 2017
This chapter explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the chapter explores the ample use of the sacred number three in the law, and speculates tentatively whether this legal appetite for “triads” might provide traction for the development of a Trinitarian jurisprudence. This chapter is dedicated to Michael Welker, a leading German systematic theologian and Christian philosopher, who has helped build a strong trans-Atlantic discourse on law and religion.