Components of Legal Concepts: Quality of Law, Evaluative Judgement, and Metaphorical Framing of Article 8 ECHR

Abstract

AbstractThis paper looks at the use of metaphor and its effect on the interpretation of the ‘quality of law’ in Art. 8 cases of the European Court of Human Rights. It demonstrates the Court's reproduction of specific metaphorical frames ‐ a finding consistent with the use of metaphor in judgment experiments in cognitive linguistics. The Court employs metaphors conceptually coherent with those used in their cited precedent, in their representation of the successful pleadings within their judgments and insists (implicitly) on different metaphors in dissent. This paper argues that the use of congruent metaphors may be indicative of metaphor as a contributing factor in how judges reason. In the least, it is a significantly understudied phenomenon and this paper provides evidence for the salience of its approach for understanding judicial reasoning.