engleski

Metaphors Lawyers Live by

The usage of metaphor in languages for specific purposes has been in the focus of interest of cognitive linguistics for years, especially after Lakoff and Johnson published their famous book “Metaphors We Live by” in 1980. Inspired by that book, the author strives to prove that metaphor was not only intensely present in the history of law but also that it pervades the language of contemporary legal theory and practice. Terms like injury of law, the burden of evidence, soft laws, hard laws, etc. are so often used by lawyers in their professional communication that they are hardly recognizable as metaphors. In the theoretical part, the terms conceptual metaphor and lexical metaphor, as well as the source domain and the target domain of the metaphor are defined. Accordingly, conceptual metaphor and lexical metaphor are interpreted from the perspective of the language of law. As an introduction to the discussion on metaphoric terms in the field of law, a number of metaphors is presented and discussed from the point of view of legal history, as the metaphoric and other poetic expressions were recognized as the features of legalese back in the early seventeenth century. In the main part, the author presents and discusses the most common conceptual metaphors in connection with the terms law, justice, court, and the types of metaphors typically used in specific branches of law as criminal law, company law, and contract law. The empirical part of the paper is focused on two research tasks. Firstly, metaphors occurring in selected Legal English textbooks are explored and discussed by using a qualitative and a quantitative approach, and secondly, metaphoric terms and phrases of the EU Law are excerpted from the Treaty Establishing the European Community (Consolidated version 2002), the main task being to establish the frequency of metaphors in this relatively young branch of law and the types of conceptual metaphors they belong to. In the closing part, conclusions on similarities and differences in the use of metaphor between two different types of legal texts are drawn with specific reference to the frequency, lexical structures, and typology of conceptual metaphors in the field of law.

Metaphor ; The language of law ; Cognitive linguistics ; Conceptual metaphors

nije evidentirano