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.
Metaphor as Analogy: Reproduction and Production of Legal Concepts / A. Condello. - In: JOURNAL OF LAW AND SOCIETY. - ISSN 0263-323X. - 43:1(2016 Mar), pp. 8-26. [10.1111/j.1467-6478.2016.00738.x]
Metaphor as Analogy: Reproduction and Production of Legal Concepts
A. Condello
2016
Abstract
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.
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