strength of their arguments. A provision in a statute that says that the statute
ceases operation at a specified or ascertainable date in the future is called a
‘sunset clause’. A provision that exempts current operations or incumbents
from its reach is called a ‘grandfather clause’.
One of the classic doctrines of property law is expressed in a metaphor,
appropriately in Latin. This is tabula in naufragio, which translates as a
“plank in a shipwreck”. This operates where a piece of property is subject to
three mortgages, which for old system land
are equitable estates. In some
circumstances if the third mortgagee acquires the first mortgage their third
mortgage is tacked onto the first mortgage and by this means obtains priority
over the second mortgage. The first mortgage is the plank in the shipwreck.
This is also known as the doctrine of tacking.
226
While metaphor adds colour and force to a text, there is another important
aspect. It is often used as tool of persuasion and in consequence as a tool of
ideology. While a metaphor may just illuminate a topic it may also colour it. If
it is constantly coloured in that way it acquires a metaphorically applied hue,
which may be just a tool of rhetoric to subvert a more intellectual analysis.
227
Sound Appeal
Rhythm, which is discussed below constitutes one way to appeal to the reader
by the sound of the text. Two other devices are assonance and alliteration.
228
A famous example of alliteration comes from Sellar and Yeatman's classic and
humorous account of English history, 1066 and All That. There they explain
the origin of the English Civil between the Roundheads and the Cavaliers War
in the following way:
___________________
226
Hopkinson v Rolt (1861) 9 HL Cas 514; 11 ER 829; West v Williams
[1899] 1 Ch 132
227
See, for example, Frost (2005), Hibbits (1994) and Ritchie (2007).
228
A famous example of alliteration comes from WC Sellar, R.J Yeatman's
(1930) 1066 and All That Methuen where they explain the origin of the English Civil
between the Roundheads and the Cavaliers War in the following way: “With the
ascension of Charles I to the throne we come
at last to the Central Period of
English History (not to be confused with the Middle Ages, of course), consisting
in the utterly memorable Struggle between the Cavaliers (Wrong but Wromantic)
and the Roundheads (Right but Repulsive). Charles I was a Cavalier king and
therefore had a small pointed beard, long flowing curls, a large, flat, flowing hat
and gay attire. The roundheads, on the other hand, were clean-shaven and wore
tall, conical hats, white ties and sombre garments. Under these circumstances a
Civil War was inevitable”.
 |
 |
 |