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.

In: European Law Journal, Vol. 25, No. 6, 2019, p. 593-607.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Slosser, JL 2019, 'Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR', European Law Journal, vol. 25, no. 6, pp. 593-607. https://doi.org/10.1111/eulj.12347

APA

Slosser, J. L. (2019). Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR. European Law Journal, 25(6), 593-607. https://doi.org/10.1111/eulj.12347

Vancouver

Slosser JL. Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR. European Law Journal. 2019;25(6):593-607. https://doi.org/10.1111/eulj.12347

Author

Slosser, Jacob Livingston. / Components of Legal Concepts : Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR. In: European Law Journal. 2019 ; Vol. 25, No. 6. pp. 593-607.

Bibtex

@article{614ddba01ea64fa0a4e32ded60385ba1,
title = "Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR",
abstract = "This paper looks at the use of metaphor and its effect on the interpretation of the {\textquoteleft}quality of law{\textquoteright} 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.",
author = "Slosser, {Jacob Livingston}",
year = "2019",
doi = "10.1111/eulj.12347",
language = "English",
volume = "25",
pages = "593--607",
journal = "European Law Journal",
issn = "1351-5993",
publisher = "Wiley-Blackwell",
number = "6",

}

RIS

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