Metaphors Matter: How Images of Battle, Sports and Sex Shape the Adversary System
Elizabeth G. Thornburg
Southern Methodist University - Dedman School of Law
Wisconsin Women's Law Journal, Vol. 10, p. 225, 1995
Metaphors are not pretty figures of speech; they affect the way people within cultures perceive reality. It is therefore significant that the metaphors most commonly used for the adversary system center on war and sports. This tends to over-emphasize the competitive aspects of litigation and disguise opportunities for more cooperative behavior. This article collects and analyzes those metaphors, and discusses the reasons for their powerful hold on legal culture. It also considers some of the negative effects of the metaphorical system and speculates about whether we could find and nurture alternative metaphors.
Number of Pages in PDF File: 58
Keywords: adversary system, metaphor, war, sports, sex, ethics, battle
JEL Classification: K41
Date posted: August 11, 2007
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