Lawyer as a Painter? On Perspectives of Artistic Metaphors in Legal Ethics

One of the standard tasks of an aesthetic perspective in law is to depict an aesthetic image of it. Law is treated here as an aesthetic object and something aesthetic values can be ascribed to. Although it is theoretically possible to build on such views of law the images of a lawyer too, it would be difficult to construct a complete concept of legal ethics in this way. Therefore, it seems more valuable to depart from the aesthetics of law as its objective characteristic. Instead, an attempt should be made to take a subjective approach. It consists in treating lawyers as performing artistic activities. Even if it is counterintuitive, the use of the cognitive metaphor theory and the resulting methodology may be helpful. According to this theory, more abstract concepts arise based on less abstract concepts. This is done in the form of systematic mapping from the so-called source domain to the target domain. Consequently, we understand the more complex elements of reality by assigning them features from those areas of reality where objects are more simple. This approach is also used in legal ethics, where an attempt is made to understand the role of a lawyer and his ethical obligations. It is emphasized that this understanding is possible by indicating that we understand the tasks performed by a lawyer as largely similar to other activities. The chapter will systematically discuss some of the metaphors of art in legal ethics. The thesis that law is art or one of the arts will be explored, and consequently, we can talk about a lawyer as an artist. In his activity, he deals with—probably among other planes—the aesthetic values of law. However, another approach is also possible. It consists in the fact that even if we do not consider law as art, and a lawyer operating in the sphere of aesthetic values, we can still understand a lawyer as an artist and thus better understand what his role is. The point is that the actions taken by a lawyer in the sphere of legal values can be understood through reference to artistic creativity. It also requires, for example, certain abilities or talents, and the implementation of legal values is based on a judgment resembling the decisions of an artist. To better explain this issue, the general metaphor of the lawyer as an artist should be made more specific. Artistic metaphors will be discussed, including associations with the activity of lawyers consisting in creating texts, such as literature, with arts-based on performance and interpretation, such as music or plastic arts, which are the least intuitive in the legal context. In this connection, the metaphor of a lawyer as a painter will be discussed.