ABSTRACT

The brain is a muscle is the kind of novel metaphor studied by researchers who concluded that such metaphors are understandable only by actively comparing the target and the source. The evolution of metaphorical processing from comparison to categorization can be seen in the career of the just-mentioned and now-conventional metaphor that the mind is a computer. When the advocate hopes to encourage an active and reflective comparison - rather than the automatic process of categorization - cognitive research supports the use of novel metaphors and characterizations. To prompt more careful evaluation of a conventional metaphor that "goes without saying", the advocate may advance a novel alternative. Advocates should turn to novel metaphors and characterizations when they want to encourage decision maker to look at various schemas beyond those that are immediately accessible. By using a metaphor or characterization not previously used within the context of the current problem, the lawyer may be able to shift the decision maker's perspective.