Amy E. Sloan and Colin P. Starger, both of the University of Baltimore School of Law, are publishing New Wine in Old Wineskins: Metaphor and Legal Research in the 2016 Notre Dame Law Review Online. Here is the abstract.
Download the article from SSRN at the link.
We construct our conceptual world using metaphors. Yet sometimes our concepts are flawed and our metaphors do damage. This Article examines a set of metaphors currently doing damage in law – those for legal research. It shows that while technology has radically altered the material world of legal research, our dominant metaphors have remained static, and thus, become outmoded. Conceptualizing today’s reality using old metaphors fails; it is like pouring new wine in old wineskins. To address this problem, this Article first surfaces unwarranted assumptions buried in the metaphors we use when talking about research and then proposes new metaphors to better serve theory and practice. It concludes by examining how this investigation into “finding law” implicates primary jurisprudential concepts of law.
Download the article from SSRN at the link.
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