TY - JOUR
T1 - Metaphorical Correspondences Between Law and Data
AU - Blandino, Pierangelo
N1 - Publisher Copyright:
© The Author(s) 2025.
PY - 2025/8/30
Y1 - 2025/8/30
N2 - This study proposes a new lens for thinking about data law by combining legal semiotics with metaphor. It begins by questioning how legal systems represent data which can be referred to as an entity that is inherently shifting, relational, and abstract. Hence, metaphor is used not just for illustration, but as a method for rethinking legal meaning itself. Drawing from classical exegetic traditions and contemporary legal theory, the paper shows how interpretive flexibility can help navigate emerging challenges, particularly in contexts like that of blockchain technology. Here, legal concepts often fall short, given the transnational, decentralised nature of digital transactions. By resorting to devices like Broekman’s concept of conversion and the logic of differential calculus, the paper suggests ways legal meaning can adapt without losing coherence. In doing so, it offers a framework for transposing traditional legal principles into the infosphere; one that protects rights and preserves dignity, while acknowledging the fluid, interconnected nature of data in rapidly evolving social and technological landscapes.
AB - This study proposes a new lens for thinking about data law by combining legal semiotics with metaphor. It begins by questioning how legal systems represent data which can be referred to as an entity that is inherently shifting, relational, and abstract. Hence, metaphor is used not just for illustration, but as a method for rethinking legal meaning itself. Drawing from classical exegetic traditions and contemporary legal theory, the paper shows how interpretive flexibility can help navigate emerging challenges, particularly in contexts like that of blockchain technology. Here, legal concepts often fall short, given the transnational, decentralised nature of digital transactions. By resorting to devices like Broekman’s concept of conversion and the logic of differential calculus, the paper suggests ways legal meaning can adapt without losing coherence. In doing so, it offers a framework for transposing traditional legal principles into the infosphere; one that protects rights and preserves dignity, while acknowledging the fluid, interconnected nature of data in rapidly evolving social and technological landscapes.
KW - data
KW - philosophy of law
KW - semiotics
KW - antinomianism
KW - metaphors
KW - concepts
KW - legal language
UR - https://www.scopus.com/pages/publications/105014797519
UR - https://www.scopus.com/inward/citedby.url?scp=105014797519&partnerID=8YFLogxK
U2 - 10.1007/s11196-025-10349-x
DO - 10.1007/s11196-025-10349-x
M3 - Article
SN - 0952-8059
JO - International Journal for the Semiotics of Law
JF - International Journal for the Semiotics of Law
ER -