‘Finding law:’ Out-of-date metaphors for 21st century legal research

About their very interesting essay, New Wine in Old Wineskins: Metaphor and Legal Research, 92 Notre Dame L. Rev Online 1 (2016), Amy Sloan and Colin Starger write

This essay examines a different set of metaphors currently doing damage in law. Though not as life-and-death dramatic as the War on Drugs or the struggle against patriarchy, these metaphors affect every law student and practicing lawyer. What’s more, our examination implicates broader philosophical issues that resonate well beyond specifically legal discourse. The metaphors we examine pertain to legal research—how we conceptualize the task of ‘finding law’ to make arguments and solve legal problems. The broader philosophical issues concern changes wrought by technology. When technology radically alters our material world, sometimes our conceptual world fails to adjust. To successfully evolve, we must interrogate and change our deepest metaphors. This Essay undertakes this foundational task in the brave new world of legal research.

This Essay argues that conceptualizing emerging legal technologies using inherited research metaphors is like pouring new wine in old wineskins—it simply doesn’t work. When a primary challenge of research was physically gathering hidden and expensive information, metaphors based on journey, acquisition, and excavation helped make sense of the research process. But new, technologically-driven search methods have burst those conceptual wineskins. The Internet and Big Data make information cheap and easily accessible. The old metaphors fail.

Recommended. — Joe

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