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@proceedings{1383137, author = {Smejkalová, Terezie}, booktitle = {Law and Literature}, keywords = {metaphors; legal sentences; normativity; references to doctrinal writing}, language = {eng}, title = {When Metaphors become Law}, url = {https://lawandliterature2017.wordpress.com/}, year = {2017} }
TY - CONF ID - 1383137 AU - Smejkalová, Terezie PY - 2017 TI - When Metaphors become Law KW - metaphors KW - legal sentences KW - normativity KW - references to doctrinal writing UR - https://lawandliterature2017.wordpress.com/ L2 - https://lawandliterature2017.wordpress.com/ N2 - There is a rather peculiar practice in using the case law in the Czech Republic. The case-law records (the various "Collections of judicial decisions") usually publish chosen deicisions with a so called "legal sentence" at their beginning. The thinking behind it is to provide some sort of shortcut, something that would give the reader a better idea of what kind of interpretation appears in the rationale of this particular decision. This practice is peculiar because of the consequences: the courts and lawyers usually only refer to whatever appears in this legal sentence, not to the bulk of reasoning of the case as a whole. Based on one particular instance of this legal sentence that not only contains a specific interpretation, but also a direct reference to a sentence taken out of doctrinal writing that contains a metaphor, this paper looks into the issue of possible normativity of images drawn by these types of rhetorical devices and discuss possible risks and consequences. ER -
SMEJKALOVÁ, Terezie. When Metaphors become Law. In \textit{Law and Literature}. 2017.
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