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
Condello, A.
2016-01-01
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.File in questo prodotto:
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