Cannabis Indica

Authors
Jonathan H Blavin, I Glenn Cohen
Publication date
2002
Journal
Harv. JL & Tech.
Volume
16
Pages
265
Description
metaphors as heuristics to generate hypotheses about the application of law to novel, unexplored domains. Metaphors structure the way lawyers conceptualize legal events, as they infiltrate, consciously and unconsciously, legal discourse. Under the classic formalist view of common law analogy as syllogism, analogical reasoning from precedent begins with the establishment of a rule behind a case or group of similar cases. Judges then apply the rule fairly mechanically to the case at hand to yield a result that is understood through the background of precedent. In contrast to figurative literary metaphors, highly structured analogical, metaphorical mappings may be used to make persuasive, logical arguments. 9 Like all metaphors, however, legal metaphors possess a paradoxical quality, embodied in the constant tension between the legal metaphor's literal incongruence and metaphorical congruence with reality …
Total citations
200320042005200620072008200920102011201220132014201520162017201820192020202120222023202472456445412662468965745

Leave a Reply