Misguided Metaphors

Publication year1993
Pages507
CitationVol. 22 No. 3 Pg. 507
22 Colo.Law. 507
Colorado Lawyer
1993.

1993, March, Pg. 507. Misguided Metaphors




507


Vol. 22, No. 3, Pg. 507

Misguided Metaphors

by K.K. DuVivier

[Please see hardcopy for image]

This ceremony is held in the depth of winter. But, by the words we speak and the faces we show the world, we force the spring. . . .

So today, we pledge an end to the era of deadlock and drift--- and a new season of American renewal has begun....

Yes, you, my fellow Americans, have forced the spring. Now, we must do the work the season demands.

President Clinton's Inaugural Address,

January 20, 1993

Dry. Ponderous. Dusty. These are common characterizations for legal writing. But this need not be the case. While legal writing is formal, it need not be lifeless.

Figures of speech, such as the metaphor of the season of spring that President Clinton used in his Inaugural Address, are commonplace in rhetoric. Similarly, such figures have their place in legal writing. Through judicious use of a metaphor, you can provide your readers with a pleasant interlude to the more mundane aspects of your argument and transform an abstract concept into a powerful visual image.

But use metaphors cautiously in your writing. Although they may be fun to use and entertaining for your reader, never forget your two major objectives in legal writing---to communicate your argument and to persuade. Never insert artistic touches if they detract or distract from the argument in any way.

A metaphor will be effective only if the readers understand the image. A metaphor may seem powerful because it reminds you of something close to you. However, the same metaphor may not produce any image to readers who do not share your knowledge base, as formed by education and life experiences.

To be understood by most readers, a metaphor must be universal or obvious from its context. In an increasingly diverse society, it has become difficult to find such universal experiences. At one time, most readers were presumed to have a classical education that included study of the scriptures and Greek and Roman mythology. Thus, metaphors such as "splitting the baby" and "Pyrrhic victory" were widely recognized. In fact, many Greek myths, such as the "rock of Sisyphus," are vivid metaphors for life itself.

Although life often may seem like a rock that rolls downhill just as you were about to push it to the top, a reference to Sisyphus will no longer...

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