법과 은유—법시학의 가능성을 모색하면서—

Abstract

This study starts from the relation between poetic justice and legal justice which bases on the brief history of metaphor. Plato did not accept a poetic justice in his ideal Republic. But Aristotle precisely studied a poetic justice as a metaphor. Legal analogical interpretation belongs to Aristotle’s metaphor theory. The first turning point occured in Coleridge’s Potics. It is important to observe his poetic imagination that offered Richards and Lakoff & M. Johnson’s experientialism as the second turning point, the metaphorical thought. Poetic imagination focused upon the unity of the object and the subject, or an universal and a particular. The cross-domain mapping among the different species, such as law and poetry, produces metaphorical inference. The greater part of this study depends on Lakoff & Johnson’s cognitivism. The metaphorical imagination, such as poetic imagination, also needs for the process in Judge’s decision. [Law is Poetry] is a metaphor for Legal Poetics as a construction supporting legal philosophy. I think that legal decision as well as law-making should meet public imagination and rhythm. I apply metaphorical concepts (i.e. structural, ontological, oriental metaphor) to [human dignity] and constitutional rights of the Republic of Korea (§10-§37). If human dignity and value according to metaphorical inference is a target domain, then rights is a sources domain. Also if rights is a target domain, then the history about the experience of human violationand infringements has been a sources domain. All embodied concrete experiences in the dimension of individual, also social and cultural dimension base on a legal prototypical categorization. After all, most of laws are not the product of an interpretation but of a metaphor.