It is impossible to study the law without first determining the framework

by | Mar 18, 2025 | Essays

It is impossible to study the law without first determining the framework in which the topic can be analyzed. In other words, before studying the concepts found in torts, contracts, intellectual property, or criminal law, one’s worldview must be identified.

What does it mean to identify a worldview? What is your definition of law?

 

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Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


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God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Identifying a worldview means recognizing and articulating the fundamental set of beliefs, values, assumptions, and principles that shape how an individual or a group perceives and interprets the world around them. It’s the underlying lens through which we understand reality, morality, knowledge, and our place within the universe.

Here’s a breakdown of what identifying a worldview entails:

  • Core Beliefs about Reality: This includes metaphysical assumptions about the nature of existence, whether the universe is fundamentally material or spiritual, if there is a higher power, and the origin and purpose of life.
  • Epistemology (How We Know): This concerns the nature of knowledge and how we acquire it. Do we primarily rely on reason, experience, faith, intuition, or a combination of these? What constitutes truth and how can we be certain of it?

Identifying a worldview means recognizing and articulating the fundamental set of beliefs, values, assumptions, and principles that shape how an individual or a group perceives and interprets the world around them. It’s the underlying lens through which we understand reality, morality, knowledge, and our place within the universe.

Here’s a breakdown of what identifying a worldview entails:

  • Core Beliefs about Reality: This includes metaphysical assumptions about the nature of existence, whether the universe is fundamentally material or spiritual, if there is a higher power, and the origin and purpose of life.
  • Epistemology (How We Know): This concerns the nature of knowledge and how we acquire it. Do we primarily rely on reason, experience, faith, intuition, or a combination of these? What constitutes truth and how can we be certain of it?
  • Ethics and Morality (What is Right and Wrong): This involves our principles of right and wrong conduct, our understanding of good and evil, and the basis for our moral judgments. Are moral principles absolute or relative? Do they come from a divine source, reason, or social agreement?
  • Anthropology (The Nature of Humanity): This encompasses our beliefs about human nature. Are humans inherently good, bad, or neutral? What is our capacity for reason, free will, and social interaction? What is the purpose of human life?
  • Social and Political Philosophy (How Society Should Be Organized): This includes our ideas about justice, fairness, the role of government, the rights and responsibilities of individuals within a community, and the ideal social order.

Identifying one’s worldview is crucial before studying law because law is not created or interpreted in a vacuum. Legal systems and specific laws are deeply influenced by the prevailing worldviews of the societies that create and uphold them. For example, a society with a strong emphasis on individual liberty will likely have different laws regarding personal freedoms than a society that prioritizes communal harmony or religious doctrine. Understanding the underlying worldview helps to:

  • Explain the Foundation of Legal Principles: Why does a particular legal system prioritize certain rights or values over others? What are the philosophical underpinnings of concepts like justice, fairness, and due process within that system?
  • Understand Legal Interpretation: Judges and legal scholars often interpret laws through the lens of their own (or the perceived dominant) worldview. Recognizing this influence can help explain different interpretations of the same legal text.
  • Critically Analyze the Law: By understanding the worldview that informs a legal system, one can critically evaluate its strengths, weaknesses, and potential biases.
  • Engage in Legal Reform: Efforts to change the law are often rooted in a different or evolving worldview that seeks to challenge existing assumptions and values embedded in the legal framework.

My Definition of Law:

My definition of law, considering my current context in Kenya and a general understanding of legal principles, is as follows:

Law is a system of rules, norms, and principles, established and enforced by a legitimate authority (typically the state), that aims to regulate the behavior of individuals and organizations within a society. Its primary purposes include maintaining social order, resolving disputes, protecting fundamental rights and freedoms, promoting justice and fairness, and providing a framework for cooperation and development.

Key aspects of this definition:

  • System of Rules, Norms, and Principles: Law is not just a random collection of rules but a structured and often hierarchical system that includes written statutes, judicial precedents, customary practices (in some legal systems like Kenya’s), and underlying legal principles.
  • Established and Enforced by Legitimate Authority: The legitimacy of the law stems from the recognized authority of the body that creates and enforces it. This is usually the state through its legislative, judicial, and executive branches.
  • Aims to Regulate Behavior: Law seeks to guide and control the actions of individuals and entities within a society to prevent chaos and promote predictable interactions.
  • Maintaining Social Order: A fundamental function of law is to provide a framework for peaceful coexistence and prevent the descent into anarchy.
  • Resolving Disputes: Law provides mechanisms and institutions (courts, tribunals) for settling disagreements between individuals, organizations, and the state in a fair and impartial manner.
  • Protecting Fundamental Rights and Freedoms: Many legal systems, especially those influenced by liberal democratic worldviews, aim to safeguard the basic rights and liberties of individuals against infringement by others or the state.
  • Promoting Justice and Fairness: While the definition of justice and fairness can vary across worldviews, law generally strives to uphold these ideals in its application and enforcement.
  • Providing a Framework for Cooperation and Development: Law facilitates economic activity, social interactions, and planned development by providing a stable and predictable set of rules governing these areas.

This definition acknowledges the multifaceted nature of law and its crucial role in shaping and reflecting the societies it governs. It also recognizes that the specific content and interpretation of law will be influenced by the underlying worldviews prevalent within that society.

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