Law Practice
Jan. 9, 2001
War of the Phrases
Lawyers should consider broadening their metaphorical category beyond the typical notions or war and sports. Instead, they should spice up their lexicon with conciliation.
Argument is war: this is the central metaphor of the adversary system. If argument is war, then the trial is a contest, the courtroom an arena and the lawyer a gladiator. The metaphor is so prevalent that we accept it almost as definition. When our work is defined as a battleground, it is no wonder that so many lawyers are casualties or deserters...
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