In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic (...) metaphysics) over the last twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

This essay partly builds on and partly criticizes a striking idea of Dieter Henrich. Henrich argues that Kant's distinction in the first Critique between the question of fact (quid facti) and the question of law (quid juris) provides clues to the argumentative structure of a philosophical "Deduction". Henrich suggests that the unity of apperception plays a role analogous to a legal factum. By contrast, I argue, first, that the question of fact in the first Critique is settled by the (...) Metaphysical Deduction, which establishes the purity of origin of the Categories, and, second, that in the second Critique, the relevant factum is the Fact of Reason, which amounts to the fact that the Moral Law is pure in origin. (shrink)

Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...) wrongly appear as simply given. Similarly, in the context of their redacted appellate cases, many current students may only see constraint in IRAC (Issue-Rule-Application-Conclusion) and other thought forms rather than the fastidious freedoms such forms both provide and create. -/- Overlooking such freedoms is not only misleading in itself. It also misses the need to study how such freedoms are and should be exercised. When facts are simply presented as “given” and strategic and other choices go unrecorded and unnoticed in redacted appellate opinions, no thorough analysis of these overlooked subjects can occur. This is extremely troubling since such overlooked subjects are at the very heart of the lawyer’s craft. -/- Attempting to remedy such Langdellian shortcomings, this article explores, among other things, five basic levels of thought and the framing choices in such levels of thought: references, issues, rules, application of rules, and conclusions. Though often merely taken as “given” in redacted appellate opinions, a good grasp of reference assures that parties are in fact talking about the same matter or matters (the “reference”). It also increases the likelihood of ascertaining and properly framing all the relevant “facts” in a manner reasonably and ethically consistent with a client’s real interests. Similarly, focusing on flexibility of issue framing both brings necessary focus on what is important in the reference and, to the extent reasonable and ethical, again increases the likelihood of frames most consistent with a client’s real interests. A good grasp of applicable rules and how to frame and apply them on its face increases the likelihood of representing a client well. A good grasp of conclusions and how to frame and hedge them also does the same. -/- Grasping the multilevel complexities in play at these multiple levels pushes us beyond briefing redacted appellate cases to the much more difficult and stimulating work of exploring and teaching good legal thought at all its levels. Legal writing professors are pioneers in this regard and others in the academy can learn much from them. -/- Keywords: RIRAC, IRAC, CREAC, Reference, Issue, Analysis, Rule, Application, Conclusion, Frame, Framing, Metaphor, Concept, Category, Legal Thought, Legal Analysis, Rhetoric, Langdell, Wordsworth, Form, Formalism, Sonnet, Text. (shrink)

Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.

This study aimed to assess the effectiveness of remedial instruction in improving the numeracy skills of Grade 7 students at Malbug National High School during the school year 2023-2024. Adopting a quasi-experimental research design, the research focused on Grade 7 students at Malbug National High School, Cawayan East District, Masbate Province Division, Philippines, identified as non-numerates, employing pre-tests and post-tests as essential research tools. The independent variable was the remedial instruction in numeracy, while the dependent variable was students' numeracy performance (...) measured through pre-tests and post-tests. Before the intervention, the pre-test numeracy performance exhibited a varied distribution of students across different score ranges. A majority fell into the "Needs Major Support" category, emphasizing the necessity for targeted interventions. The post-test results, however, revealed a remarkable improvement, with 87.88% of initially non-numerate students achieving scores in the "Transforming" range. A thorough statistical examination validated a notable disparity in the scores obtained before and after the instructional intervention, substantiating the favorable influence of remedial instruction. The calculated t-value of 19.594, exceeding the critical t-value, led to rejecting the null hypothesis. In conclusion, the study emphasizes the need for tailored interventions based on the initial deficiency in numeracy skills. The post-test results underscored the success of remedial instruction in fostering substantial growth. The study recommends sustaining the remedial program, implementing periodic assessments, providing teacher training, involving parents in students' development, allocating adequate resources, and further research in other schools to strengthen findings. (shrink)

This capstone project aimed to enhance the operational efficiency of school transactions at Mary Perpetua E. Brioso National High School (MPEBNHS) in response to challenges posed by the COVID-19 pandemic. This goal was achieved by developing and implementing the Mobile-Based Selected School Services Application, "iSkulSerb." The development of iSkulSerb followed the systematic approach of Borg and Gall's (1983) Research and Development (R&D) methodology for creating and validating educational products. To ensure the validity and reliability of the application, it underwent rigorous (...) examination by both IT and education experts. Additionally, survey questionnaires were administered during the project's implementation to assess the impact of iSkulSerb's features on school stakeholders. The research findings highlighted positive perceptions and outcomes related to iSkulSerb. Stakeholders demonstrated a favorable acceptance of the application, as evidenced by an overall weighted mean of 4.34. The accessibility of school services saw a substantial improvement, reflected in the weighted mean of 4.37. User-friendliness also received positive feedback, with an overall weighted mean of 4.27. These findings suggest that iSkulSerb effectively addresses the challenges faced by the school, contributing to enhanced operational efficiency and improved stakeholder experiences. Given the demonstrated reliability and efficacy of iSkulSerb, there is a compelling case for its widespread adoption across other public schools within the Schools Division of Masbate Province. The positive reception and success metrics indicate that iSkulSerb can serve as a benchmark for other regional schools. (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues (...) with two professor types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in (...) common with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

European Journal of Political Theory, Volume 21, Issue 3, Page 601-607, July 2022. Ayelet Shachar's The Shifting Border deploys a powerful map metaphor to support rethinking of borders and their functions. I interrogate this metaphor, developing some of the representational, constructive, and normative functions of maps, along with their connections to legal mechanisms for decoupling migration from territory. I survey three responses to the extra-territorialization of migration: a cynical response that rejects the possibility of migration justice, an (...) abolitionist response connected to open borders, and a revisionist response that advocates for widescale institutional reform. The revisionist response illuminates how Shachar's essay challenges us to reflect on what sorts of maps and accompanying social and political organizations would best support migrant justice. (shrink)

After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation can (...) be understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

Our best social scientific theories try to tell us something about the social world. But is talk of a “social world” a metaphor that we ought not take too seriously? In particular, do the denizens of the social world—cultural values like the Protestant work ethic, firms like ExxonMobil, norms like standards of dress and behavior, institutions like the legal system, teams like FC Barcelona, conventions like marriages—exist? The question is not merely academic. Social scientists use these different social (...) entities to explain social phenomena such as the rise of capitalism, the decline in oil prices, or the effect of unions on the sports labor market. But how could these explanations possibly work if social entities don’t exist? (shrink)

Understanding the ethical concerns of paid and altruistic surrogacy requires a knowledge of reproductive freedom and procreative autonomy. An accurate approach must be sensitive enough of the nature of sexual oppression, specifically in its influence in women’s choices, self-identity and personal relationships. The aim of this essay is to stand up for the prominence of radical feminism in questioning reproductive liberalism, which overfocus the interests of the so-called intended parents. Having in mind what egalitarian philosophers have put forward from a (...) social-relational autonomy view to allow surrogacy contracts under certain circumstances —particularly, they suggest that legalization could be compatible with women’s reproductive autonomy following an altruistic fashion under protective measures and supportive to the surrogate’s revocation of consent—, I uphold that radical feminists properly make clear how oppression remains in the cultural environment that endorses surrogacy contracts. A macroscopic methodology, based on American philosopher’s Marilyn Frye metaphor of the caged bird, is a helpful tool to comprehend why surrogacy contracts do not enhance women’s reproductive autonomy, even if they enable some surrogate mothers to gain an income enough to endure tough economic pressure. (shrink)

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the (...) content itself. This makes executive processes more important to the law than consciousness, since they are responsible for channeling conscious decision-making into intentions and actions, or inhibiting action.We provide a summary of the current state of our knowledge about executive processes, which consists primarily of information about which portions of the prefrontal lobes perform which executive processes. Then we describe several examples in which legal principles can be understood as tacitly singling out executive processes, including principles regarding defendants’ intentions or plans to commit crimes and their awareness that certain facts are the case, as well as excusatory principles which result in lesser responsibility for those who are juveniles, mentally ill, sleepwalking, hypnotized, or who suffer from psychopathy. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not (...) suffice for legal proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

Metaphorical statements surprise us as literal falsehoods, but the interpretation reveals a special motive for the figurative use of the language. Donald Davidson objects to nonliteral meaning: “to suppose a metaphor can be effective only by conveying a coded message is like thinking a joke or a dream makes some statement which a clever interpreter can restate in plain prose.” Taking this remark as my starting point I analyze interpretative strategies for metaphors, jokes, riddles and counterfactual conditionals – all (...) of them involve an initial incongruity and most of them require a certain blending of two different domains. I suggest that the ability to interpret metaphors is based on our ability to apprehend a special cognitive content associated with metaphors. (shrink)

The concept of metaphor as primarily a vehicle for conveying ideas, even if unusual ones, seems to me as wrong as the parent idea that a metaphor has a special meaning. I agree with the view that metaphors cannot be paraphrased, but I think this is not because metaphors say something too novel for literal expression but because there is nothing there to paraphrase. Paraphrase, whether possible or not, inappropriate to what is said: we try, in paraphrase, to (...) say it another way. But if I am right, a metaphor doesn't say anything beyond its literal meaning. This is not, of course, to deny that a metaphor has a point, nor that that point can be brought out by using further words.... My disagreement is with the explanation of how metaphor works its wonders. To anticipate: I depend on the distinction between what words mean and what they are used to do. I think metaphor belongs exclusively to the domain of use. It is something brought off by the imaginative employment of words and sentences and depends entirely on the ordinary meanings of those words and hence on the ordinary meanings of the sentences they comprise. Donald Davidson is University Professor of philosophy at the University of Chicago. He is the author of many important essays, including "Actions, Reasons and Causes," "Causal Relations," and "Truth and Meaning," coauthor of Decision-Making: An Experimental Approach, and coeditor of Words and Objections, Semantics of Natural Language, and The Logic of Grammar. (shrink)

Metaphors abound in both the arts and in science. Due to the traditional division between these enterprises as one concerned with aesthetic values and the other with epistemic values there has unfortunately been very little work on the relation between metaphors in the arts and sciences. In this paper, we aim to remedy this omission by defending a continuity thesis regarding the function of metaphor across both domains, that is, metaphors fulfill any of the same functions in science as (...) they do in the arts. Importantly, this involves the claim that metaphors in arts as well as science have both epistemic and aesthetic functions. (shrink)

Metaphorical meaning can be analyzed as triggered by an apparent communicative breach, an incongruity that leads to a default of the presumptive interpretation of a vehicle. This breach can be solved through contextual renegotiations of meaning guided by the communicative intention, or rather the presumed purpose of the metaphorical utterance. This paper addresses the problem of analyzing the complex process of reasoning underlying the reconstruction of metaphorical meaning. This process will be described as a type of abductive argument, aimed at (...) explaining how the vehicle can best contribute to the purpose of the utterance. This type of reasoning involves the analysis of the possible predicates that can be and usually are attributed to the vehicle, and the selection of the one that can support the implicit conclusion constituting the communicative goal of the metaphorical utterance. Metaphorical meaning, in this perspective, becomes the outcome of a complex process of meaning reconstruction aimed at providing the best explanation of the function of the vehicle within a discourse move. (shrink)

Willpower is a metaphor that is widespread in both common usage and expert literature across disciplines. This paper looks into willpower as a ‘metaphor we live by’, analyzing and exploring the consequences of the tacit information content of the willpower metaphor for agentive self-understanding and efficacy. In addition to contributing to stigma associated with self-control failures, the metaphor causally contributes to self-control failures by obscuring available self-control strategies and instructing agents to superfluous self-control efforts.

Metaphors can be used as crucial tools for reaching shared understanding, especially where an epistemic imbalance of knowledge is at stake. However, metaphors can also represent a risk in intercultural or cross-cultural interactions, namely in situations characterised by little or deficient common ground between interlocutors. In such cases, the use of metaphors can lead to misunderstandings and cause communicative breakdowns. The conditions defining when metaphors promote, and hinder understanding have not been analyzed in detail, especially in intracultural contexts. This study (...) proposes an analysis of metaphors identified within an Italian corpus of diabetes care interviews. Through a coding scheme capturing the types and the probative weights of the linguistic evidence that can be used to detect misunderstandings, the communicative effectiveness of metaphors is indirectly assessed. The quantitative and qualitative analyses show a positive correlation between metaphor use and problematic understanding. A more detailed scrutiny of the interlocutors’ roles and topics of the metaphors points out that most of the problematic metaphors are used by patients, while most of the problematic ones used by providers concern non-clinical matters. These results can be explained as resulting from incorrect presumptions of common ground between the interlocutors. (shrink)

Conceptual Metaphor Theory makes some strong claims against so-called Classical Theory which spans the accounts of metaphors from Aristotle to Davidson. Most of these theories, because of their traditional literal-metaphorical distinction, fail to take into account the phenomenon of conceptual metaphor. I argue that the underlying mechanism for explaining metaphor bears some striking resemblances among all of these theories. A mapping between two structures is always expressed. Conceptual Metaphor Theory insists, however, that the literal-metaphorical distinction of (...) Classical Theories is empirically wrong. I claim that this criticism is based rather on terminological decisions than on empirical issues. Conceptual Metaphor Theory focusses primarily on conventional metaphors and struggles to extend its mechanism to novel metaphors, whereas Classical Theories focus on novel metaphors and struggle to extend their mechanisms to conventional metaphors. Since all of these theories study metaphors from the synchronic point of view, they are unable to take into account any semantic change. A diachronic perspective is what we need here, one which would allow us to explain the role of metaphor in semantic change and the development of language in general. (shrink)

If you care about securing knowledge, what is wrong with being biased? Often it is said that we are less accurate and reliable knowers due to implicit biases. Likewise, many people think that biases reflect inaccurate claims about groups, are based on limited experience, and are insensitive to evidence. Chapter 3 investigates objections such as these with the help of two popular metaphors: bias as fog and bias as shortcut. Guiding readers through these metaphors, I argue that they clarify the (...) range of knowledge-related objections to implicit bias. They also suggest that there will be no unifying problem with bias from the perspective of knowledge. That is, they tell us that implicit biases can be wrong in different ways for different reasons. Finally, and perhaps most importantly, the metaphors reveal a deep—though perhaps not intractable—disagreement among theorists about whether implicit biases can be good in some cases when it comes to knowledge. (shrink)

This chapter challenges the common claim that vicious forms of argumentative practice, like interpersonal arrogance and discursive polarisation, are caused by martial metaphors, such as ARGUMENT AS WAR. I argue that the problem isn’t the metaphor, but our wider practices of metaphorising and the ways they are deformed by invidious cultural biases and prejudices. Drawing on feminist argumentation theory, I argue that misogynistic cultures distort practices of metaphorising in two ways. First, they spotlight some associations between the martial and (...) argumentative domains while occluding others, resulting in a sort of myopia. Second, those cultures interfere with a phenomenon I label normative isomorphism – the capacity of some structural metaphors to enable (and often encourage) a transfer of normative chracater traits from the source domain to the target domain. Crucially, the normative status of character trait often changes across domains—traits that are virtuous in the martial domain are often vicious in the argumentative domain, and vice versa. Sexist myopia tends to deform practices of metaphorising by interfering with normative isomorphism by privileging the transfer across domains of traits that recapitulate invidious cultural constructions of masculinity in terms of aggression, domination, and violence. Basically, the problem isn’t the metaphors, but the cultures. (shrink)

Conceptual metaphors have received much attention in research on discourse about infectious diseases in recent years. Most studies found that conceptual metaphors of war dominate media discourse about disease. Similarly, a great deal of research has been undertaken on the new coronavirus, i.e., COVID-19, especially in the English news discourse as opposed to other languages. The present study, in contrast, analyses the conceptual metaphors used in COVID-19 discourse in French-language newspapers. The study explored the linguistic metaphors used in COVID-19 discourse (...) in these newspapers and conceptual metaphors that underlie and motivate them, using a conceptual metaphor theory framework (CMT). Therefore, two North African French-language newspapers, namely Libération, published in Morocco, and La Presse de Tunisie, published in Tunisia, formed the corpus of the current study. The results showed that the most frequent framing of COVID-19 was in terms of WAR, followed by DISASTER and KILLER, respectively. (shrink)

This article surveys theories of metaphor in analytic philosophy and cognitive science. In particular, it focuses on contemporary semantic, pragmatic and non-cognitivist theories of linguistic metaphor and on the Conceptual Metaphor Theory advanced by George Lakoff and his school. Special attention is given to the mechanisms that are shared by nearly all these approaches, i.e. mechanisms of interaction and mapping between conceptual domains. Finally, the article discusses several recent attempts to combine these theories of linguistic and conceptual (...) metaphor into a unitary account. (shrink)

This paper examines the mechanisms involved in the interpretation of utterances that are both metaphorical and ironical. For example, when uttering 'He's a real number-cruncher' about a total illiterate in maths, the speaker uses a metaphor with an ironic intent. I argue that in such cases both logically and psychologically, the metaphor is prior to irony. I hold that the phenomenon is then one of ironic metaphor, which puts a metaphorical meaning to ironic use, rather than an (...) irony used metaphorically (§1). This result is then used to argue for the claim that in metaphor, it is metaphorical, not literal, meaning that determines the utterance‘s truth conditions. Gricean accounts, which exclude metaphorical meaning from truth conditional content and rely entirely on conversational implicature, are seen to be unsatisfactory. Five contextualist arguments are briefly discussed to the conclusion that metaphorical content is part of truth-conditional content, rather than implicated (§2). (shrink)

A "good" arguer is like an architect with a penchant for civil and civic engineering. Such an arguer can design and present their reasons artfully about a variety of topics, as good architects do with a plenitude of structures and in various environments. Failures in this are rarely hidden for long, as poor constructions reveal themselves, often spectacularly, so collaboration among civical engineers can be seen as a virtue. Our logical virtues should be analogous. When our arguments fail due to (...) being uncivil and demagogic, since we inhabit the arguments we build, we are all crushed beneath our flawed reasoning. This mixed metaphor takes us to a self-referential analysis of argumentation, analogy, and humor. I argue that good argumentation strives to collaboratively convince rather than belligerently persuade. A convincing means toward this end is through humorous analogical arguments, whether the matter at hand is ethical, logical, theological, phenomenological, epistemological, metaphysical, political, or about baseball. (shrink)

Metaphors for describing the introduction, impacts, and management of non-native species are numerous and often quite outspoken. Policy-makers have adopted increasingly disputed metaphorical terms from scientific discourse. We performed a critical analysis of the use of strong metaphors in reporting scientific findings to policy-makers. Our analysis shows that perceptions of harm, invasiveness or nativeness are dynamic and inevitably display multiple narratives in science, policy or management. Improving our awareness of multiple expert and stakeholder narratives that exist in the context of (...) non-native species management, as well as metaphorical alternatives, is critical. (shrink)

In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

An annotated bibliography of legal epistemology.

In the film “Kaili Blues” by Bi Gan, intricate clues create complex connections between the plots steered by various characters. This relationship manifests in splitting time and alternating between dream and reality. This article analyzes Bi Gan’s approach to temporality and dreams by focusing on how he employs various film metaphors to deal with poetic narratives in his films. The article consists of three sections: First, it introduces the (puzzle) storytelling form of “Kaili Blues” as a promising area in many (...) Chinese films. Second, it examines how puzzle films contribute to the ambiguity (plots) between characters from the perspective of infinite games. Moreover, third, the article discusses the two levels of metaphors in “Kaili Blues” that result from the condensation and displacement of metaphors, including the mutual projection of roles caused by the time-forking effect and the audience’s associations caused by the significance of dreams in Chinese tradition (or local) culture. (shrink)

This paper reconstructs the ways in which metaphors are used in the text of “The Wealth of Nations”. Its claims are: a) metaphor statements are basically similar to those in the “Theory of the Moral Sentiments”; b) the metaphors’ ‘primary subjects’ refer to mechanics, hydraulics, blood circulation, agriculture, medicine; c) metaphors may be lumped together into a couple of families, the family of mechanical analogies, and that of iatro-political analogies. Further claims are: a basic physico-moral analogy is the framework (...) for Smith’s psychological theory as well as for his overall social theory and for his theory of market mechanisms; a iatro-mechanical analogy is as pervasive as the physico-moral analogy and provides the framework for his overall evolutionary theory of society; the invisible-hand simile relies on the physico-moral analogy, and elaborates on the role of vis attractiva and vis a tergo in mechanics. (shrink)

In order to understand both consciousness and the Freudian unconscious we need to understand the notion of innerness that we apply to the mind. We can partly do so via the use of the theory of conceptual metaphor, and this casts light on a number of related topics.

Metaphor plays a central role in changing the architectural process. In order to better appreciate the nature of architectural creativity, generating more positive forms and volumes is required. Exists many conclusions which demonstrate that metaphors plays an important role shaping the design creativity. The aim of this paper is about understanding the exact role of the metaphor in architecture design from the concept of Aristotle to nowadays. Essentially it is the process by which most of the ideas come (...) into being. Metaphors structure our understanding and perceptions. They make our thoughts more interesting and more vivid. There are similar distinct uses of metaphor in architectural criticism, which is often heavily reliant on metaphor both as a form of expression and a tool of analysis. There is a dimension of meanings attached to the various uses of metaphor, ranging from the ornamental view at one hand to the rational view at the other [1].Metaphors role in the ecological design is essential and necessary. Architects use a variety of methods and techniques to enrich the architectural language. This process is accomplished with the infiltration of metaphors as a literary figure. By adopting the models of nature, there is a chance to work more sustainably and produce more sustainable products. Is this the paradigm shift we have been looking for? Maybe biomimicry and nature could be super metaphors in order to develop sustainable design. This paper should take in consideration also the metaphor as a tool implemented into design reflecting either positive or negative reactions. This theory should be explained by concrete examples. The working metaphor in the design process is another important issue to be judged. The aim of this paper is to demonstrate that architectural metaphors corporate in coherent ways with architectonic language shaping its functionality. Metaphor helps to perceive things from a different perspective that is new to us, changing and bringing new ideas. Architectural metaphors can be found everywhere also in the Albanian case. It is very evident how metaphor stretches architectural functionality. (shrink)

Whereas intersectionality presents a fruitful framework for theoretical and empirical research, some of its fundamental features present great confusion. The term ‘intersectionality’ and its metaphor of the crossroads seem to reproduce what it aims to avoid: conceiving categories as separate. Despite the attempts for developing new metaphors that illustrate the mutual constitution relation among categories, gender, race or class keep being imagined as discrete units that intersect, mix or combine. Here we identify two main problems in metaphors: the lack (...) of differentiation between positions and effects and the problem of reification. We then present a new metaphor that overcomes these two problems: a basket of apples. We argue that considering social positions as the diverse properties of different apples avoids reification by considering categories as properties and not as objects themselves, and at the same time it allows us to think about the effects dimension from a plural and contextual approach. With this shift, we propose a reframing of the discussion in debates on intersectionality theory on the relation among categories, their in/separability and fragmentation. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 (...) // ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

In the time of Coronavirus, it is perhaps as good a time as any to comment on the use and abuse of metaphors. One of the worst instances of metaphor abuse-especially given the recent epidemiological crisis-is Lynne Tirrell's notion of toxic speech. In the foregoing reply piece, I analyze Tirrell's metaphor and reveal how it blinds us to the liberating power of public speech. Lynne Tirrell argues that some speech is, borrowing from field of Epidemiology, toxic in the (...) sense that it harms vulnerable listeners. In this response piece, I summarize the main points of Tirrell's toxic speech argument, map the underlying conceptual metaphor and pose three objections. (shrink)

In this paper, I argue that there are indispensable and irreducible metaphors in religious language and that this does not threaten a realist interpretation of religion. I first sketch a realist theory of religious language and argue that we cannot avoid addressing the problems metaphor poses to semantics. I then give a brief account of what it means for a metaphorical sentence to be true and how metaphors can refer to something even if what they mean is not expressible (...) in literal terms. Finally, I discuss how this realist theory of metaphor influences our understanding of negative theology and gives a new perspective on religious pluralism. (shrink)

A metaphor is an effective way to show how something is to be conceived. In this article, I look at two Neo-Confucian Korean philosophical contexts—the Four-Seven debate and Book of the Imperial Pivot—and suggest that metaphors are philosophically expedient in two further contexts: when both intellect and emotion must be addressed; and when the aim of philosophizing is to produce behavioral change. Because Neo-Confucians had a conception of the mind that closely connected it to the heart (心 xin), (...) class='Hi'>metaphor’s empathy-inducing and perspective-giving capacities made it an especially helpful mode of philosophizing in the history of Korean philosophy. (shrink)

In this paper, we propose an account of metaphor identification on the basis of contextual coherence. In doing so, we build on previous work by Nicholas Asher and Alex Lascarides that appeals to rhetorical relations in order to explain discourse structure and the constraints on the interpretation of metaphor that follow from it. Applying this general idea to our problem, we will show that rhetorical relations are sometimes insufficient and sometimes inadequate for deciding whether a given utterance is (...) a case of metaphor. They are insufficient, since rhetorical relations fall short at times of providing a basis for disambiguating between literal and metaphorical interpretations. In such cases, contextual information other than previous discourse needs to enter the picture. To this effect, we bring the idea of external consistency into play. Beyond that, though, we will argue that rhetorical relations are sometimes inadequate to account for coherence, if conceived as relations among sentences only. The reason is that extra-linguistic elements of the situation in which the sentence is uttered may be crucial for getting at the preferred interpretation. To account for these cases, we allow rhetorical relations to connect both with previous discourse and with extra-linguistic situations. In our final refinement of the notion of contextual coherence, we forfeit any appeal to rhetorical relations in favour of Questions Under Discussion (QUD). We defend the view that this account does not only explain the same sort of cases. What is more, it solves the issue of metaphor identification in impoverished contexts. (shrink)

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

The concept of ‘living metaphor’ receives a number of articulations within metaphor theory. A review of four key theories – Nietzsche, Ricoeur, Lakoff and Johnson, and Derrida – reveals a distinction between theories which identify a prior, speculative nature working on or with metaphor, and theories wherein metaphor is shown to be performatively always, already active in thought. The two cannot be left as alternatives because they exhibit opposing theses with regard to the ontology of (...) class='Hi'>metaphor, but neither can an impartial philosophical appraisal of the most cogent or defensible theory be made, since the status and conduct of philosophy are part of the problem. Two responses to the predicament from within ‘living metaphor’ theory are considered: (1) Lakoff and Johnson’s ecological spirituality thesis which promises to make the contest redundant on the grounds that the origin of human concepts in our shared, embodied condition in the world removes all obstructions; (2) taking the lead from Nietzsche and Ricoeur, an approach based on the intersection of discourses, not as a resolution but as a gesture which allows the conflict to speak about ‘living metaphor’. (1) is shown to be unsuccessful, but (2) results in ‘living metaphor’ emerging as an attentiveness to questions of what does and does not belong, inspired by tensions between ‘is’ and ‘is not’, ‘from this perspective’ and ‘from that perspective’, and ‘is spoken about’ and ‘is spoken with’. (shrink)

The concept of artificial intelligence is not new nor is the notion that it should be granted legal protections given its influence on human activity. What is new, on a relative scale, is the notion that artificial intelligence can possess citizenship—a concept reserved only for humans, as it presupposes the idea of possessing civil duties and protections. Where there are several decades’ worth of writing on the concept of the legal status of computational artificial artefacts in the USA (...) and elsewhere, it is surprising that law makers internationally have come to a standstill to protect our silicon brainchildren. In this essay, it will be assumed that future artificial entities, such as Sophia the Robot, will be granted citizenship on an international scale. With this assumption, an analysis of rights will be made with respect to the needs of a non-biological intelligence possessing legal and civic duties akin to those possessed by humanity today. This essay does not present a full set of rights for artificial intelligence—instead, it aims to provide international jurisprudence evidence aliunde ab extra de lege lata for any future measures made to protect non-biological intelligence. (shrink)

Prop oriented make-believe is make-believe utilized for the purpose of understanding what I call “props,” actual objects or states of affairs that make propositions “fictional,” true in the make-believe world. I, David Hills, and others have claimed that prop oriented make-believe lies at the heart of the functioning of many metaphors, and one variety of fictionalism in metaphysics invokes prop oriented make-believe to explain away apparent references to entities some find questionable or problematic (fictional characters, propositions, moral properties, numbers). Elisabeth (...) Camp has argued against my and David Hills’ views of metaphor. Her arguments, many of them echoed by Catharine Wearing, demolish a very implausible account of metaphor, but leave entirely untouched the views that Hills and I actually proposed. Clarifying what we say about metaphor serves also as a defense of fictionalist theories that invoke prop oriented make-believe. (shrink)

The paper analyzes the visual aspect of metaphors, offering a new theory of metaphor that characterizes its syntactic structure, material composition and visuality as its essence. It will accordingly present the metaphorical creating or transfiguring, as well as conceiving or understanding, of one thing as a different one, as a visual ability. It is a predication by means of producing non-conventional compositions – i.e., by compositional, or even aesthetic, means. This definition is aimed to apply to the various kinds (...) of metaphors: conceptual, linguistic, visual, and material. It will thus challenge the definition of metaphor as a conceptual or linguistic phenomenon in nature that is based on its semantic mechanism, broad concepts, and cognitive value. Those definitions have been prevalent since the second half of 20th century, under the influence of the philosophy of language, and later of cognitive studies. (shrink)

Reacting against the turn to transcendence that heavily characterized the medieval worldview, the modern worldview is fundamentally exemplified by a threefold turn to immanence, consisting of a subjective turn, a linguistic turn and an experiential turn. Language plays a pivotal role here since it mediates between the subjective and the experiential. Ricoeur’s treatment of metaphor, significantly laid out in his The Rule of Metaphor, is crucial in bringing about this linguistic turn that mediates the subject and its experience (...) of the world. Through an analysis of “seeing as” as a poietic reconfiguration of reality in the subject’s experience, language transforms and founds the world as a “being as.” What is disclosed in this interpretative transformation of reality is not simply an hermeneutical ontology but possibly—also through language—an hermeneutical axiology. (shrink)

Not every metaphor can be literally paraphrased by a corresponding simile – the metaphorical meaning of ‘Juliet is the sun’, for example, is not the literal meaning of ‘Juliet is like the sun’. But every metaphor can be literally paraphrased, since if ‘metaphorically’ is prefixed to a metaphor, the result says literally what the metaphor says figuratively – the metaphorical meaning of ‘Juliet is the sun’, for example, is the literal meaning of ‘metaphorically, Juliet is the (...) sun’. (shrink)

This article arises indirectly out of the development of a particular approach, called ATT-Meta, to the understanding of some types of metaphorical utterance. However, the specifics of the approach are not the focus of the present article, which concentrates on some general issues that have informed, or arisen from, the development of the approach. The article connects those issues to the questions of metaphorical meaning and truth. -/- A large part of the exploration of metaphor in fields such as (...) Cognitive Linguistics and natural language Pragmatics takes metaphor to rest on complex mappings between a target subject matter and a source subject matter (see, e.g., Lakoff 1993, 2008). This is one main way in which some aspects of the source, generally including some structural aspects, can have parallels in the target. It is typical for much, and perhaps the whole, of the meaning of a metaphorical expression to be explained by means of these parallels. We will talk about “parallelism” rather than “isomorphism,” or even “analogy,” because “isomorphism” implies a strict one-to-one correspondence between items in the source scenario and items in the target scenario, and analogy theorists often hold that analogy rests on isomorphism. We wish not to prejudge the question of whether looser, messier forms of parallelism are sometimes needed. Also, we will talk about parallels rather than mappings, because our discussion will embrace the question of parallelism that may be discernible, albeit implicitly, in accounts of metaphor that are not presented as being based on mappings. Three main cases of such accounts are Relevance Theory (RT: e.g., Sperber & Wilson 2008, Wilson & Carston 2006), the categorization-based or "class-inclusion“ approach (Glucksberg 2008), and Ritchie’s (2006) CLST account (Context-Limited Simulation Theory). -/- One main issue we will address is that of substantial non-parallelism that can exist between source and target subject-matters in metaphor: more precisely, the issue that there may be source aspects that are exploited by the utterance and have a deep effect on metaphorical interpretation but that do not themselves have a natural parallel in the target subject-matter (although we will point out that artificial parallels can generally be created). This is part of a broader point that the content of metaphorical discourse should often be seen as being derived in a rather holistic way from several metaphorical bits of the discourse, which conspire to describe some source-domain scenario, rather than being derived by putting together metaphorical meanings of each metaphorical bit (even if each bit could in principle be assigned its own separate metaphorical meaning). As a result, we suggest that it is misguided to think of the propositions making up the content (or, if you like, "meaning“) about the target scenario that is being described is a matter of metaphorical meaning of specific grammatical units such as sentences, clauses or other constituents that a traditional semantic theory would assign propositional meaning to. Rather, grammatical units (that are to be taken metaphorically) have meanings in source-domain terms; content in target-domain terms is derived from the source-domain scenario depicted by those units and fleshed out through inference; and the target-domain content is only (in general) fuzzily relatable to particular grammatical units. This view is on a spectrum at whose extreme point we could place Davidson’s (1984) view that metaphors only have literal (i.e., source-domain) meanings, with other effects on the understander not being a matter of propositional content. However, on our view it is proper to take metaphorical discourse as having non-literal meaning, couched as a collection of propositions, among other things possibly; it is just that the propositions are not to be thought of (in general) as meaning of specific sentences, clauses or other grammatical units rather than of a possibly only fuzzily delineated piece of discourse. -/- A second main concern of the article is the question of how much, and what types of, inference are involved in the derivation of metaphorical meaning. While our own ATT-Meta approach accords with, amongst other accounts, Relevance Theory (RT) as to the centrality of inference in metaphor interpretation, we disagree with RT on its claim that metaphor interpretation is a matter of (a relatively high degree of) concept "broadening“ and (often) "narrowing“. We argue that almost all inference can in fact be theoretically re-described as concept broadening and/or narrowing, and what is left over should be included in the metaphor interpretation process anyway. Thus, the RT claim about broadening and narrowing really just says that inference, of unrestricted type, is involved in metaphor understanding, in accord with what ATT-Meta claims. (shrink)