New Paper “New Wine in Old Wineskins: Metaphor and Legal Research”…

Please see here.

The abstract and citation (from SSRN.com):

ABSTRACT:

We construct our conceptual world using metaphors. Yet sometimes our concepts are flawed and our metaphors do damage. This Article examines a set of metaphors currently doing damage in law – those for legal research. It shows that while technology has radically altered the material world of legal research, our dominant metaphors have remained static, and thus, become outmoded. Conceptualizing today’s reality using old metaphors fails; it is like pouring new wine in old wineskins. To address this problem, this Article first surfaces unwarranted assumptions buried in the metaphors we use when talking about research and then proposes new metaphors to better serve theory and practice. It concludes by examining how this investigation into “finding law” implicates primary jurisprudential concepts of law.

CITATION:

Sloan, Amy E. and Starger, Colin P., New Wine in Old Wineskins: Metaphor and Legal Research (August 1, 2016). Notre Dame L. Rev Online, Vol. 92, p. 1, 2016 ; University of Baltimore School of Law Legal Studies Research Paper No. 2017-07. Available at SSRN: https://ssrn.com/abstract=2821779

Hat tip to Law Librarian Blog.