Metaphor and Analogy- The Sun and Moon of Legal Persuasion
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Metaphor and Analogy- The Sun and Moon of Legal Persuasion
Metaphor and Analogy- The Sun and Moon of Legal Persuasion
Journal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasion: The Sun and Moon of Legal PersuasionLinda L BergerFollow this and additional works at: https://brooklynworks.brooklaw.edu/jlpRecommended CitationLtadỉ L Berber, MtapWWAtMfogy: The Sun and Moon ojLigal Períuaiiữn, 22 J. L & Poly (2013).Available at: https;//brooklynwwi:kbrooldaw.edu/jlp/vol22/lssl/ Metaphor and Analogy- The Sun and Moon of Legal Persuasion61 his Article is brought tứ you tor tree and open access by the Law Journals at BrouklynWixks. It has been accepted for inclusion in Journal of Law aMetaphor and Analogy- The Sun and Moon of Legal Persuasion
nd Policy by an authorized editor of Bnx’ilvnWorki,METAPHOR AND ANALOGY: THE SUN AND MOON OF LEGAL PERSUASIONLinda L. Berger*If lie insist upon confinJournal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasionisting biases....Against this, harnessing the power ofimagination to reconfigure our thoughts by more intuitive means may enable US to counteract these biases m a more thoroughgoing u-ạy.1IntroductionMetaphor and analog}- are the Sim and moon of legal persuasion. But which is the sun and which is th Metaphor and Analogy- The Sun and Moon of Legal Persuasione moon? Metaphor is the sun. according to linguist George Lakoff and philosopher Maik Johnson. because all human thought and expression revolve aroundMetaphor and Analogy- The Sun and Moon of Legal Persuasion
It.2 Analogy researcher Doug Hofstadter would counter that* Linda L. Berger is Family Foundation Piofessor of Law. William s. Boyd School of Law. UniJournal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasionposium on Cognitive Bias and Persuasion.1Elisabeth Camp. Two Varieties of Literary- Imagination: Metaphor, Fiction, and Thought Experiments. in 33 Midwest studies in philosophy 107. 128 (Petei A. French ed.. 2009) [hereinafter Camp. Two Varieties of Literary Imagination],2See. eg. Mark Johnson. the Metaphor and Analogy- The Sun and Moon of Legal Persuasionbody in the Mind: the bodily Basis of meaning. imagination. and reason (198"): GEORGE Lakoff. The Contemporary Theory of Metaphor, in Metaphor and ThoMetaphor and Analogy- The Sun and Moon of Legal Persuasion
ught 202 (Andrew Onony ed.. 2d ed. 1993): George L.akoff. Women, Fire, .and Dangerous things: What Categories repeal about the Mind (1987); GEORGE LakJournal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal PersuasionCYanalogy is like the sun because analogy tills the sky of human cognition.' And when Romeo proclaims that Juliet is the sun. Romeo is asking US to view Juliet through a perspective that reflects light on certain of her features and not others: “her beauty, her uniqueness, and the warmth with which Metaphor and Analogy- The Sun and Moon of Legal Persuasionshe fills his heart.”4101 those interested in legal persuasion, metaphor and analogy constitute both sun and moon. Providing comparison, categorizatioMetaphor and Analogy- The Sun and Moon of Legal Persuasion
n. and perspective, they arc our primary sources of generated and reflected light. Pur another way. because metaphor and analogy arc the primary ways Journal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasionetermine where something new likely fits (that looks like rhe right slot)-, or suggest a different point of view' (now Ỉ see what you mean).According to recent cognitive research mto the processing of analogy and metaphor, the important distinction is not between metaphor and analogy but rather betw Metaphor and Analogy- The Sun and Moon of Legal Persuasioneen novel and conventional metaphors.5 This research suggests that novel characterizations andPHILOSOPHY IN THE FLESH’ The Embodied mind and its challMetaphor and Analogy- The Sun and Moon of Legal Persuasion
enge TO WESTERN THOUGHT (1999) [hereinafter Lakoff & JOHNSON. Philosophy in THE Flesh]. Steven L. Winter, a Clearing in the Forest: Law. Life, .and MiJournal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasionlip [in (he broad blue sky of cognition]—rather, it’s the very blue that fills the whole sky' of cognition—analogy IS everything. or very' nearly so. Hl my view." Douglas R. Hofstadter. Epilogue: Analogy as the Core of Cognition, in The Analogical Mind: Perspectives from Cognitive Science 499,499 (U Metaphor and Analogy- The Sun and Moon of Legal Persuasionedre Gentner el al. eds., 2001).Elisabeth Camp. Showing. Telling and Seeing Metaphor ami “Poem " t.anguage. 3 Baltic IntT. Y.B. Cognition. LOGIC A: COMetaphor and Analogy- The Sun and Moon of Legal Persuasion
MXL, Aug. zoos, a! 1. 2 [hereinafter Camp. showing. Jelling, and Seeing]. The metaphor from WILLIAM Shakespeare. Romeo and Juliet act 2. sc. 2. has beJournal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasion likening Juliet to the "light of his world”): Dedre Gentner. Srrucrnnf-Mapping: A Theoretical Framework for Analogy. 1 COGNUIVE Set 155. 162 (1983) [hereinafter Gentner. Structure-Mapping] (describing it as chiefly conveying spatial and emotional relationships rather than similar features: Juliet a Metaphor and Analogy- The Sun and Moon of Legal Persuasionppears above him and brings him hope).1 ^though there arc obvious connections, the analogy research describedMETAPHOR AND ANALOGY149metaphors spark anMetaphor and Analogy- The Sun and Moon of Legal Persuasion
analogv-hke comparison and the resulting process of comparison may in turn generate new understanding ■ Tins new understanding emerges not because neJournal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy: Metaphor and Analogy- The Sun and Moon of Legal Persuasiony. The shift is not in what we see (content) but ill how ire see (perspective).7Journal of Law and PolicyVolume 22Issue 1SYMPOSIUM:The Impact of Cognitive Bias on Persuasion and Writing StrategiesArticle 62014Metaphor and Analogy:Gọi ngay
Chat zalo
Facebook