Does metaphorical framing influence the decision-making process in a judicial conflict? An empirical study on the case of surrogates

Abstract

Metaphors can be used to influence people´s decision-making processes. In the judicial context, the use of metaphors is widespread, but its influence on the decision-making process in court has rarely been studied. This study aims to empirically determine the influence of metaphorical frames on judicial decision-making processes in the case of a surrogate against the intended parents. Two hundred and four participants were assigned to one of three groups with different metaphorical frames for surrogacy and were instructed to imagine being jurors in a mock trial. To investigate if the participants´ decisions were influenced by the frame used for surrogacy, χ2 calculations were carried out. Results revealed that the decision-making process of several issues concerning the surrogate, including a penalty fee, was influenced by metaphorical framing. The metaphorical term “mother to rent” might have framed surrogacy as an unemotional business act, leading to resentment in the participants.

Keywords

• metaphorical framing
• decision-making
• judicial processes
• surrogacy
• metaphors
• courtroom