Write On!, 0418 WYBJ, Vol. 41 No. 2. 46
| Author | Michael R. Smith, University of Wyoming College of Law Laramie, Wyoming |
| Position | Vol. 41 2 Pg. 46 |
Bad Metaphors, Part 2: Arcane Metaphors
Michael R. Smith, University of Wyoming College of Law Laramie, Wyoming
In the December 2017 edition of this column, I warned legal writers against crafting metaphors that are unintentionally insulting or offensive. In this edition, I warn against the use of another form of ineffective metaphor: the arcane metaphor.
The dictionary defines arcane to mean "known or knowable only to a few people."1 Thus, an arcane metaphor occurs when a writer creates a metaphor by referring to an item, person, or concept that would be known to very few people. Consider this example:
The Bill of Rights was but a tub to a -whale, designed to distract anti-federalists from the text of the Constitution that gave immense power to federal government.2
The metaphoric referent in this example - a tub to a whale - is likely unknown to most people. Thus, this metaphor would not be effective, as it confuses rather than illuminates the writer's point.
A little research reveals that the phrase "tub to a whale" refers to a common practice among early whalers of distracting a whale by throwing overboard a tub or barrel and then harpooning the whale while its attention is diverted.3 Once a person knows the meaning of the referent, the meaning of the metaphor becomes clear. In fact, metaphorically comparing the Bill of Rights (during the drafting of the Constitution) to a tub thrown to a whale is quite clever. However, a writer should not craft a metaphor that requires background research on the part of the reader. An effective metaphor uses a well-known referent so that its meaning is clearly and instantly understood by the reader.
Consider this additional example of an arcane metaphor:
This old but little used section [of the statute] is a kind of legal Lohengrin; although it has been with us since the first Judiciary Act,... no one seems to know from whence it came.4
Very few people would know what the reference to Lohengrin in this passage means. As it turns out, Lohengrin was a knight of the Holy Grail in German folklore who kept his background a secret.5 Lohengrin the knight was also the subject of an opera by German composer Richard Wagner.6
When one knows the meaning of the Lohengrin reference, one can appreciate the aptness of the metaphor, which cleverly compares the mysterious Lohengrin to a...
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