Aryan Mohseni (University of Sydney Law School; Herbert Smith Freehills) & William Gummow AC have posted The Use and Misuse of Metaphors ((2024) 98(10) Australian Law Journal 738) on SSRN. Here is the abstract:
The use of metaphors in legal reasoning has received renewed attention in recent decisions of the High Court of Australia and the UK Supreme Court. Reliance upon metaphor has a history of criticism as apt to confuse and mislead, but also has been described as a means of persuasion which assists in understanding legal doctrine. There are various species of legal metaphor. In this article, these are discussed under eight headings.
