ABSTRACT

Frequently and almost instinctively lawyers use figurative and metaphoric language when they want to emphasize or crystallize their analysis or arguments.1 When they rely on familiar metaphoric cliches - the law as a ‘seamless web,’ cases with ‘progeny,’ corporations with ‘veils,’ and constitutional ‘penumbras’ - they reveal not only their appreciation for the power of figurative language, but also their substantial reliance on metaphoric reasoning. Generally speaking, ‘metaphoric reasoning’ is the use of metaphors and similes to explain, describe, persuade, or emphasize.