The Pragmatics of Metaphor in the Language of Law: Gnoseological Aspect
Journal: RUDN Journal of Law (Vol.29, No. 4)Publication Date: 2025-12-25
Authors : Inna Yaroshchuk;
Page : 852-868
Keywords : legal text; means of legal technique; metaphorical model; epistemological function of metaphor; pragmatic function of metaphor;
Abstract
The language of law functions as a natural, independent regulator and representative of elements within the legal system and state-legal realities. Its lexical apparatus is structured not only by words with direct meanings but also by linguistic products of secondary semiosis, particularly metaphor. The use of metaphor in legal language remains understudied, largely because its admissibility in legal science is a pressing isssue generally resolved against recognizing metaphor as a full-fledged unit of the legal lexical system. This study aims to analyze the pragmatic potential of metaphor in legal language as a tool of legal technique focusing on the neutralization of its expressive connotations and its acquisition of stereotypical status through the activation of its epistemological function. Methodologically, the research employs linguo-legal, logical-linguistic methods, and historical, systemic, and contextual analysis. It is argued that metaphor is among the leading logical-linguistic devices in law and legal science. By activating its pragmatic and epistemological potential under strict contextual conditions, metaphor ensures the semantic accessibility of abstract legal concepts, appeals to a priori legal principles, and enhances the comprehensibility of normative texts. Firmly embedded in the conceptual-linguistic system of law, metaphors, due to their frequent use, acquire a “life” of their own. Without certain metaphors, understanding legal reality and achieving scientific-legal knowledge would be impossible; expressions such as “legal space” and “legal matter” exemplify this. In law, metaphors are typically reproduced as idiomatic lexical units at the terminological level, influencing the formation of legal concepts by orienting understanding toward known experiences and endowing regulated objects with specific characteristics for adequate interpretation. It is concluded that the pragmatic potential of metaphor, particularly epistemological function is one of the leading criteria for the use of this lexical phenomenon, is among the primary critera justifying its use as a logical-linguistic means of legal text modeling.
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