Legal Metaphors in Human Rights Discourse: A Literary Approach to Law's Language

Abstract

This paper examines the pervasive use of metaphorical language in human rights discourse, exploring how legal metaphors shape understanding, interpretation, and application of fundamental rights. Through a literary-analytical approach, this study investigates the conceptual frameworks underlying legal metaphors and their implications for human rights jurisprudence. Drawing on conceptual metaphor theory, discourse analysis, and interdisciplinary perspectives from law and literature, the research demonstrates how metaphorical constructions both enable and constrain legal reasoning in human rights contexts. The analysis reveals that legal metaphors function as more than mere rhetorical devices; they constitute fundamental cognitive structures that influence judicial decision-making, policy formation, and public understanding of rights. By examining prominent metaphorical patterns in human rights discourse—including architectural, organic, and mechanical metaphors—this paper argues for greater critical awareness of metaphorical language in legal contexts and its profound impact on human rights protection and interpretation.