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13 Environmental Code, Chapter 11, Section 6. blindfold and scales. The weighing of interests and concerns, reinforced by this icon, suggests that the court is able to objectively and precisely balance one interest against the other – as if put on scales. The metaphor, thus, helps legitimising the work of the court.
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- Introduction
- I. Thinking About The Law: Cognitive Research’s Take on Narratives and Metaphors
- II. A Lawyer’S Guide to Narrative Theory: Key Concepts For The Study of Law
- III. Metaphors of The Canadian Constitution
- IV. Stories of The Constitution
- Conclusion
“Man is the storytelling animal.” ―Salman Rushdie1×1.Luka and the Fire of Life (New York: Random House, 2010) at 34.Show more Complex ideas are more easily understood by the mind when presented in the form of stories and metaphors.2×2. See Jennifer Sheppard, “Once Upon a Time, Happily Ever After, and In a Galaxy Far, Far Away: Using Narrative to Fi...
“[The human species] thinks in metaphors and learns through stories.” ―Mary Catherine Bateson16×16.Peripheral Visions: Learning Along the Way, 1st ed (New York: Harper Collins, 1994) at 11.Show more Historian Louis O. Mink once suggested that narrative is a “primary cognitive instrument—an instrument rivalled only by theory and by metaphor as irred...
If we are to study the stories of law, we first need to understand the vocabulary and master the tools to do so. For this reason, this Part defines what a “story” is, identifies its basic building blocks, and offers an overview of two plot structures commonly used in law: “birth” and “rescue” stories. The main goal of this Part is to allow the read...
Canadian constitutional law is largely shaped by two main types of metaphors: dynamic and static. Each conveys a distinct conception of the Constitution and, as such, influences the kinds of stories we tell about it. The next Part will make the case that these two categories, exemplified by the “living tree” and “constitutional architecture” metaph...
A. Stories We Tell of the Constitution: From Birth to Rescue
Having demonstrated that Canadian constitutional law is deeply influenced by two competing types of metaphors, dynamic and static, we can now turn to the last part of our demonstration—that of uncovering how these metaphors shape the types of stories jurists tell about the Constitution. Specifically, it will be argued that the dynamic and staticmetaphors of Canadian constitutional law sustain dominant narratives—narratives whose structure essentially correspond to “birth” and “rescue” stories...
This article has sought to shed light on the fundamental role that metaphors and stories play in shaping how we talk, think, and argue about our Constitution. It has argued that Canadian constitutional law is fashioned, to a large extent, by two competing types of metaphors: dynamic and static. Prime examples of these can be found, as this article ...
The first category-or level--of metaphor implicated by the existing "law and metaphor" literature is what I call "doctrinal metaphor." This level of metaphor refers to aspects of doctrinal law that are expressed in metaphoric terms. Many of the legal rules and principles governing the analysis of an issue are expressed in the form of a metaphor.
Jan 10, 2006 · The overall effect for the metaphor-literal comparison for attitude change was r = .07, which supported the claim that metaphors enhance persuasion. The effect rose to r = .42 under optimal conditions, when a single, nonextended metaphor was novel, had a familiar target, and was used early in a message. Metaphor appeared to exert a small effect ...
- Pradeep Sopory, James Price Dillard
- 2002
Jan 10, 2006 · The overall effect for the metaphor-literal comparison for attitude change was r = .07, which supported the claim that metaphors enhance persuasion. The effect rose to r = .42 under optimal conditions, when a single, nonextended metaphor was novel, had a familiar target, and was used early in a message.
- Pradeep Sopory, James Price Dillard
- 2002
Nov 5, 2022 · Life is a beach. Love is a battlefield. Laughter is the best medicine. The literal meaning of ‘life is a beach’ is that a life actually is a beach, which is a physical impossibility, so if someone uses the metaphor they intend to compare ‘life’ with the associations and connotations of the word beach, for example, that it is relaxing and enjoyable.
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Jan 12, 2021 · Persuasive and Explanatory Metaphors. Two functions of metaphorical utterances have been analyzed in the literature as the most important or common ones, namely explaining and persuading. However, these two functions are often considered separately, as two goals that are pursued independently of each other.
