This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. Supreme Court in a lawsuit brought by a consumer activist against Nike, Inc. Following that analysis, the article concludes with a series of recommendations for practicing lawyers.
2 J. Ass'n Legal Writing Directors 169 (2004)
Berger, Linda L., "What is the Sound of a Corporation Speaking? How the Cognitive Theory of Metaphor Can Help Lawyers Shape the Law" (2004). Scholarly Works. Paper 668.