The Use and Misuse of Metaphors
Type
ArticleAbstract
The use of metaphors in legal reasoning has received renewed attention in recent decisions of the High Court of Australia and the UK Supreme Court. Reliance upon metaphor has a history of criticism as apt to confuse and mislead, but also has been described as a means of persuasion which assists in understanding legal doctrine. There are various species of legal metaphor. In this article, these are discussed under eight headings.The use of metaphors in legal reasoning has received renewed attention in recent decisions of the High Court of Australia and the UK Supreme Court. Reliance upon metaphor has a history of criticism as apt to confuse and mislead, but also has been described as a means of persuasion which assists in understanding legal doctrine. There are various species of legal metaphor. In this article, these are discussed under eight headings.
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Date
2024Source title
Australian Law JournalVolume
98Issue
10Publisher
Lawbook Co. Ltd.Licence
Copyright All Rights ReservedFaculty/School
The University of Sydney Law SchoolShare