The Hidden Ball: A Substantive Critique of Baseball Metaphors in Judicial Opinions

35 Pages Posted: 12 Oct 2008

Date Written: Fall 1994

Abstract

This article draws on literary and linguistic theory, as well as prior work studying the effects of metaphor in judicial opinions, to study the use of a specific type of metaphor - baseball metaphors - in judicial opinions. The article surveys several specific metaphors that have been recurrently used - including the judge as "umpire," "hit-and-run," and "three strikes and you're out" - and considers the ways in which the use of such metaphors might direct thought about the underlying subject matter in inappropriate directions. (And it is, in reality, more interesting than those two sentences might make it sound. You should totally download it.)

Keywords: baseball, metaphor, judicial opinion, judge, umpire, hit and run

JEL Classification: k4, k40

Suggested Citation

Oldfather, Chad M., The Hidden Ball: A Substantive Critique of Baseball Metaphors in Judicial Opinions (Fall 1994). Connecticut Law Review, Vol. 27, No. 1, 1994. Available at SSRN: https://ssrn.com/abstract=1281731

Chad M. Oldfather (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
414.288.8031 (Phone)

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