Metaphor as Analogy: Reproduction and Production of Legal Concepts

Metaphor can be compared to analogy because they both have, additionally to their rhetorical competence, an epistemic force. Through analogy legal concepts are reproduced according to similarity; reproduction is always a new production and thus analogy and metaphor in law have a poietic force. The r...

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Bibliographic Details
Published inJournal of law and society Vol. 43; no. 1; pp. 8 - 26
Main Author Condello, Angela
Format Journal Article
LanguageEnglish
Published Oxford Blackwell Publishing Ltd 01.03.2016
Subjects
Competence
Concepts
Epistemology
Law
Metaphor
Metaphors
Ontology
Production
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Summary:Metaphor can be compared to analogy because they both have, additionally to their rhetorical competence, an epistemic force. Through analogy legal concepts are reproduced according to similarity; reproduction is always a new production and thus analogy and metaphor in law have a poietic force. The reproduction and production (poiesis) of legal concepts through metaphor by analogy concerns the interference between classificatory operations in law and legal epistemology: in every categorization of the unknown by means of the known, legal ontology and legal epistemology intersect.
Bibliography:ark:/67375/WNG-BMTM56F0-3
istex:D451D8FCE3FECBD7F3E57964DBD7FA9C1481865B
ArticleID:JOLS738
ObjectType-Article-1
SourceType-Scholarly Journals-1
ObjectType-Feature-2
content type line 23
ISSN:0263-323X
1467-6478
DOI:10.1111/j.1467-6478.2016.00738.x