Angela Condello, University of Rome III, Department of Law, has published Metaphor as Analogy: Reproduction and Production of Legal Concepts at 43 Journal of Law and Society 8 (2016). Here is the abstract.
Metaphor can be compared to analogy because they both have, additionally to their rhetorical competence, an epistemic force. Through analogy legal concepts are reproduced according to similarity; reproduction is always a new production and thus analogy and metaphor in law have a poietic force. The reproduction and production (poiesis) of legal concepts through metaphor by analogy concerns the interference between classificatory operations in law and legal epistemology: in every categorization of the unknown by means of the known, legal ontology and legal epistemology intersect.The full text is not available from SSRN.
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