In a complex legal argument, a lawyer uses a metaphor to illustrate a point about shared responsibility, stating 'Each thread in this tapestry of negligence contributed to the unraveling of the whole.' Which of the following best identifies the primary legal function of this metaphorical language?
答案解析
This question tests the understanding of legal rhetoric and the function of figurative language in argumentation, particularly how metaphors are used for clarification rather than concrete evidence. The core of the legal concept is about how metaphorical representation is different from factual evidence.
* **Core Concept:** Legal argumentation, rhetorical devices, metaphor function in communication.
* **Solution Analysis:** The correct answer (C), highlights that metaphors serve to simplify complex things, making them easier to grasp. Metaphors provide a useful comparison but aren't for establishing legal precedent (A) or substituting factual information (D). While emotions might be indirectly influenced, that is not the primary function (B).
* **Option A:** Establishing a legal precedent requires a formal legal finding, not analogy. Thus, this option would be an incorrect and inappropriate attempt to make legal sense of the metaphor.
* **Option B:** While it is true that metaphors can be persuasive, emotional swaying is secondary to the primary goal of understanding. Thus, the focus on emotion, while plausible, misses the mark in terms of function.
* **Option C (Correct):** Metaphors are extremely useful when trying to simplify complex relations or concepts. This is precisely what this metaphor is doing by equating negligence to threads and a whole situation to a tapestry, therefore making it more comprehensible.
* **Option D:** Metaphors are not facts, nor can they be considered evidence. This approach directly contradicts the nature and function of a metaphor in terms of legal argumentation, therefore it is an incorrect option.
**Key Takeaway:** The primary purpose of using a metaphor in a legal setting is not to present factual evidence or set legal precedence but rather to aid in understanding by simplifying complex concepts. It is important to understand the different persuasive and explanatory tools within legal rhetoric.
正确答案:C