Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR
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Components of Legal Concepts : Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR. / Slosser, Jacob Livingston.
I: European Law Journal, Bind 25, Nr. 6, 2019, s. 593-607.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Components of Legal Concepts
T2 - Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR
AU - Slosser, Jacob Livingston
PY - 2019
Y1 - 2019
N2 - This paper looks at the use of metaphor and its effect on the interpretation of the ‘quality of law’ in Art. 8 cases of the European Court of Human Rights. It demonstrates the Court's reproduction of specific metaphorical frames - a finding consistent with the use of metaphor in judgment experiments in cognitive linguistics. The Court employs metaphors conceptually coherent with those used in their cited precedent, in their representation of the successful pleadings within their judgments and insists (implicitly) on different metaphors in dissent. This paper argues that the use of congruent metaphors may be indicative of metaphor as a contributing factor in how judges reason. In the least, it is a significantly understudied phenomenon and this paper provides evidence for the salience of its approach for understanding judicial reasoning.
AB - This paper looks at the use of metaphor and its effect on the interpretation of the ‘quality of law’ in Art. 8 cases of the European Court of Human Rights. It demonstrates the Court's reproduction of specific metaphorical frames - a finding consistent with the use of metaphor in judgment experiments in cognitive linguistics. The Court employs metaphors conceptually coherent with those used in their cited precedent, in their representation of the successful pleadings within their judgments and insists (implicitly) on different metaphors in dissent. This paper argues that the use of congruent metaphors may be indicative of metaphor as a contributing factor in how judges reason. In the least, it is a significantly understudied phenomenon and this paper provides evidence for the salience of its approach for understanding judicial reasoning.
U2 - 10.1111/eulj.12347
DO - 10.1111/eulj.12347
M3 - Journal article
AN - SCOPUS:85076597389
VL - 25
SP - 593
EP - 607
JO - European Law Journal
JF - European Law Journal
SN - 1351-5993
IS - 6
ER -
ID: 241605692