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Homer’s Illiad as a legal narrative – notes on Posner, Gadamer and Dworkin

By Francisco Maria E. Bagorro1

The evolution of law has been a long and complex journey, marked by shifting attitudes
towards justice and retribution. Historically, the law was often driven by the desire for
vengeance, with wrongs being punished in a manner that was equal to the harm inflicted. Over
time, however, the focus of the legal system has shifted towards restitution, with the goal of
compensating victims for their losses and restoring balance to society.

The relationship between law and literature is an important aspect of this evolution, with
literature serving as a reflection of society's values, beliefs, and norms. In his book "Law and
Literature: A Misunderstood Relation," Judge Richard A. Posner explores the relationship
between law and literature and argues that the origins of law can be traced back to the desire
for vengeance. As he notes, "The moral justification for the punishment of wrongdoers is the
idea of retribution: the wrongdoer deserves to suffer because of his wrongful act" (Posner,
1987, p. 19).

This idea is well exemplified in Homer's epic poem, the "Iliad." In the "Iliad," the concept of
justice is heavily intertwined with the desire for vengeance, as characters seek revenge for
personal grievances and the protection of the community. The gods themselves also play a role
in dispensing justice through vengeance, such as when Apollo strikes down Achilles' enemies in
revenge for Hector's death. As Achilles declares, "I will take vengeance for Patroclus, the man I
loved, and all the troubles that the Trojans brought upon me" (Homer, Book XXI, Lines 464-
465).

Ronald Dworkin, in his work on judicial interpretation, emphasizes the importance of narrative
in the legal system. He argues that the law should not be viewed as a collection of abstract
rules, but rather as a coherent and connected narrative. In the same vein, the "Iliad" can be
seen as a narrative of justice, in which the characters' actions and decisions are driven by a
desire to restore balance and fairness to the community. As Dworkin notes, "The law is not just
a set of rules, but a kind of story that gives meaning to those rules" (Dworkin, 1986, p. 6).

The "Iliad" presents the idea that the desire for vengeance and the pursuit of justice are closely
connected. However, it also cautions against the dangers of allowing vengeance to become the
sole driving force behind justice. The feud between Achilles and Hector ultimately leads to the
destruction of their cities and the death of many of their fellow warriors. This serves as a
reminder of the importance of finding a balance between the desire for retribution and the
pursuit of fairness and justice.

In conclusion, the "Iliad" and the works of Ronald Dworkin demonstrate the close relationship
between law, literature, and justice. Through their exploration of the themes of vengeance,
retribution, and fairness, they provide insight into the evolution of legal attitudes and the role
of narrative in shaping our understanding of the law. The "Iliad" reflects the historical
importance of vengeance in the dispensation of justice, while also warning against the dangers
of allowing it to become the driving force behind legal decisions. Dworkin's work on judicial
interpretation highlights the importance of narrative in the law, emphasizing that the law
should be viewed as a coherent and connected story that gives meaning to the rules.

1
Student at the Faculty of Law of the University of Lisbon. bagorro@edu.ulisboa.pt.
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In the "Iliad," the pursuit of justice and vengeance is depicted as a delicate balancing act, with
the characters striving to restore balance to their community while also seeking revenge for
personal grievances. As Hector declares, "I will fight with you beside the ships, for my anger at
you has died away" (Homer, Book XXII, Lines 309-310). This passage serves as a reminder that
justice is not only about retribution, but also about finding balance and fairness in the
community.

In a similar vein, Dworkin's concept of "judicial narrative" underscores the idea that the law is
not just a collection of abstract rules, but a story that gives meaning to those rules. As he
writes, "The law is a chain of reasoning that leads us to a conclusion" (Dworkin, 1986, p. 6).
This chain of reasoning, or judicial narrative, provides the framework for understanding the
law and its role in shaping society.

Hans-Georg Gadamer's philosophy of hermeneutics provides a framework for understanding

the relationship between interpretation and meaning in legal decisions. In his seminal work
"Wahrheit und Methode" (Truth and Method), Gadamer argues that all understanding is
inherently interpretive, and that the interpretation of texts and traditions is essential to
gaining insight into their meaning (Gadamer, 1960, p. 265). This view of interpretation is
particularly relevant to the idea of "judicial narrative" proposed by Ronald Dworkin, as it
highlights the importance of understanding the narrative context in which legal decisions are
made.

Gadamer's concept of "Horizontverschmelzung" (fusion of horizons) is particularly important in

this regard, as it suggests that our understanding of texts and traditions is shaped by our own
background and experiences. This idea has important implications for the interpretation of the
law, as it suggests that the meaning of legal texts is not fixed but is constantly being
reinterpreted and re-evaluated in light of changing circumstances and new understandings. In
this sense, Gadamer's view of hermeneutics provides a framework for understanding the
dynamic and evolving nature of legal interpretation, and its relationship to the larger narrative
context in which legal decisions are made.

Dworkin's concept of a "judicial narrative" emphasizes the role of storytelling and

interpretation in the legal system. According to Dworkin, a legal system is not simply a
collection of abstract rules, but a coherent and interconnected narrative that gives meaning to
those rules. In this view, the law is not just a set of regulations, but a rich and dynamic
narrative that helps to guide decision-making and shape the actions of individuals within
society.

One of the key components of Dworkin's judicial narrative is the idea that legal interpretation
should be guided by principles, rather than solely by rules. This is because rules, while
necessary, are often too abstract to fully capture the complex and nuanced realities of a given
situation. Principles, on the other hand, provide a deeper understanding of the values and
moral considerations that should guide legal decision-making.

In this sense, the "Iliad" can be seen as a powerful example of the importance of narrative in
the legal system. Throughout the epic, characters are driven by a sense of justice and a desire
to restore balance and fairness to the community. Whether it is Achilles seeking revenge for
the death of Patroclus, or Hector trying to protect his city from the invading Greeks, the
characters in the "Iliad" are constantly making decisions based on their sense of what is right
and just.
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In this way, the "Iliad" provides a powerful illustration of Dworkin's idea of a judicial narrative.
By showing the importance of narrative and interpretation in the pursuit of justice, the epic
underscores the crucial role that storytelling plays in shaping the legal system and guiding the
actions of individuals within society. As Dworkin notes, "The law is not just a set of rules, but a
kind of story that gives meaning to those rules" (Dworkin, 1986, p. 6).

In conclusion, the "Iliad" and the works of Ronald Dworkin provide a powerful insight into the
relationship between law, literature, and justice. They demonstrate the importance of
balancing retribution and fairness in the pursuit of justice, and the role of narrative in shaping
our understanding of the law. By examining these works, we gain a deeper appreciation for the
connection between the law and society, and the impact that literature has had on shaping our
views of justice.

Bibliography:

Homer. (2007). The Iliad. Penguin Classics.

Posner, R. A. (1987). Law and Literature: A Misunderstood Relation. Harvard University Press.

Posner, Richard. "Law, Literature, and the Social Sciences." In The Oxford Handbook of
Empirical Legal Research, edited by Peter Cane and Herbert Kritzer. Oxford: Oxford University
Press, 2010.

Dworkin, R. (1986). Law's Empire. Belknap Press of Harvard University Press.

Dworkin, Ronald. "The Concept of a Legal System." In The Oxford Handbook of Jurisprudence
and Philosophy of Law, edited by Jules L. Coleman and Scott Shapiro. Oxford: Oxford University
Press, 2002.

Gadamer, Hans-Georg. Truth and Method. 2nd rev. ed. Translated by Joel Weinsheimer and
Donald G. Marshall. New York: Continuum, 2004.