The role of metaphor in mediation – conceptualizations of the theory of restorative justice Cover Image

Rola metafory w mediacji – konceptualizacje teorii sprawiedliwości naprawczej
The role of metaphor in mediation – conceptualizations of the theory of restorative justice

Author(s): Wojciech Leder
Subject(s): Criminal Law, Penal Policy, Peace and Conflict Studies
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: mediation in criminal cases; restorative justice; conceptual metaphor

Summary/Abstract: The objective of the present study is to look at the philosophy of punishment in a new way, namely, through the prism of the restorative justice metaphors. Cognitive or conceptual metaphors – by employing categorization and referring abstract concepts and notions to concrete experience – allows for the various theories of justice to be viewed as modes of reasoning rather than as sets of legal propositions. The most universal metaphors of justice are: “justice as equality”, and the counterparts of George Lakoff’s morality metaphors of “strict father” and “nurturant parent”, which partially correspond to, respectively, retributive and restorative justice concepts. Finally, the very process of mediation consists in the mediator consciously deploying so-called transformative metaphors that affect the reasoning of mediating parties, thereby influencing their vision of the conflict.

  • Issue Year: 2/2022
  • Issue No: 4
  • Page Range: 1-15
  • Page Count: 15
  • Language: Polish