Download This PaperThe Use and Misuse of Metaphors
(2024) 98(10) Australian Law Journal 738
12 Pages Posted: 21 Nov 2024
Date Written: March 01, 2024
Abstract
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.
Keywords: Legal reasoning, Legal theory, Jurisprudence, Metaphors, Constitutional Interpretation, Legal interpretation, Equity
Suggested Citation: Suggested Citation
Mohseni, Aryan and Gummow AC, William, The Use and Misuse of Metaphors (March 01, 2024). (2024) 98(10) Australian Law Journal 738, Available at SSRN: https://ssrn.com/abstract=4976855 or http://dx.doi.org/10.2139/ssrn.4976855
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