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This is a short reaction paper in the short parable, Before the Law, included in the novel, the Trial by Franz Kafka. This aims to explain [in my perspective] what are the allegories present in the story and what are their representation.
Coactivity: Philosophy, Communication, 2017
The parable “Before the Law” is a pivotal text in the work of Franz Kafka. It tells of a man who looks for the law as the quintessence of his life. But his quest for meaning comes to a crisis because of a fundamental deception. Instead of interpreting the law as a personal mystery, he somehow objectifies it. His abstract view on life begets the obstacle-character that embodies all those who could bar him from finding the law. In this narrative, the failure of finding the law results in a murder in which human life is reduced to bestial death. In this sense, Kafka’s narrative is a tale of anti-creation. In a close reading we analyze the text with attention for the ternary structure, i.e. the intertwined complex of the I-Thou relation and the I-It relation (Martin Buber). The literary text is interpreted for its philosophical relevance. Franz Rosenzweig and Emmanuel Levinas but also Gilles Deleuze and Jacques Derrida have an important role in this way of reading.
Translation and commentary by Samuel Zinner on Franz Kafka's parable "Before the Law" 2019 Draft paper. Updated version, May 2019.
2021
Kafka’s The Trial, an invisible and a unique piece of fiction, provides the readers with an ambience of uncertainty and sense of ambiguous and mysterious environment. Written in 1915 and posthumously published in 1925, Kafka’s The Trial narrates the story of Josef K, a banker, unexpectedly arrested and prosecuted by a remote, inaccessible and unspecified court system for a crime he says he was unaware of. Josef finds himself in an impossible, nightmarish and tormenting situation here charge which he is accused of and the justice is unknown and uncertain.The Trial it can be interpreted on many levels such as; as a brutal satire of the absurdity of unfair judicial systems, a frighteningly disturbing examination of the peculiarity of bureaucracy and a vivid demonstration of human weaknesses in face of authority such as the corporate control of the human lives exploiting people’s fear of losing jobs, the subjection of authority at the hands of accused being, thus destabilizing the hiera...
Contemporary Political Theory
This article offers a political reading of Franz Kafka’s posthumous work The Trial. In this novel, the main protagonist (Joseph K.) is subject to an arrest and trial conducted by the ambiguous authority of a shadowy court and its officials. This article explores Joseph K.’s experience of being subject to the Law, and relates this to our own understanding and experience of political subjectivity in modern times. K.’s doomed search for order through a ‘permanent resolution’ of his case is related to the modern desire for order:Specifically, the desire for both philosophical and political frameworks that provide narratives or certainty. Here modernity is understood to be characterized by an anxiety brought about by a crisis in authorship and authority. The article then considers K.’s desire for justice and the Law, and his entanglement with the power of the court, as analogous to the modern experience of the triad of justice–law–power, which is subsumed under the banner of ‘sovereignty’. In particular, the artile explores K.’s inability to locate, read, or fix the Law; a problem that is also reflected in the aporia of sovereignty as justice– law–power. K.’s experience alerts us to the contradictions in the triad justice–law– power; contradictions that occur as although each member of the triad is dependent upon the other two, each member of the triad also seeks to exclude or deny this dependency. Thus, read politically, K.’s struggle in The Trial can be seen as a reflection of the modern struggle with sovereignty as the triad justice–law–power, and the impasse that K. reaches is also the impasse that modernity has reached.
New German Critique, 2015
Walter Benjamin’s great essay on Franz Kafka is a key example of his philosophical praxis, which exhumes the prehistoric substrate of modernity in order to expose the myth of progress in modernity’s claim to epochal legitimacy. Benjamin’s physiognomic thinking endows Kafka with the features of his own thought, an intellectual messianism or revolutionary nihilism that frames Kafka’s legal world with a radical critique of law. The verdict against modernity Benjamin finds in Kafka is couched in a series of theologically tinted figures. The obscurity of Kafka’s “parables,” the fruit of an aesthetics of “failure” that observes “das Bilderverbot,” veils a messianic vision of justice. Benjamin’s Gnostic picture of modernity as a bureaucratic prison house reflects Josef K.’s victimised view of his situation in The Trial. Hans Blumenberg’s therapeutic account of myth suggests a view of Kafka’s work at odds with Benjamin’s idea of the normless, “mythic” quality of law and politics in modernity.
Interdisciplinary Journal for Religion and Transformation in Contemporary Society
Victims of an uncanny legal system pervade Kafka’s writings. Whether the representation of the law in these works implies a sacrificial logic depends significantly on the meaning assigned to Kafka’s idea of the law. Despite the innumerable interpretations of Kafka’s law-related texts it remains uncertain whether the law in his works is to be understood primarily in juridical, social, and political terms or in metaphysical, theological, and religious ones. This uncertainty, besides eliciting myriad, sometimes contradictory, interpretations, has inspired numerous views, themselves often disparate and conflicting, about the relationship between law and sacrifice in Kafka’s works. The present article explores this relationship and how it has been regarded by some of his most important interpreters.
2020
In the first part of the paper, the author pays close attention to the fact that in Kafka's diaries and correspondence, we find a notable absence of his professional life. If we never knew the famous writer was a law expert, we would hardly be able to determine that from his personal writings. There is no mention of his studies of law, professional aspirations, problems or procedural interests related to judicial practice, or difficulties or achievements in the workplace. Surprisingly, within the complex hierarchy of business interactions, the writer occupied a very high position. The performed analysis uncovers an essential, but a barely recognisable feature of Kafka's works. Above all, they try to alert us that the feudal world is still alive and well, that in the modern times we only see the multiplication of the former sovereigns whose role was to impose the laws onto others but can personally be excused. The works of Rudolf von Jhering, one of the best-known philosophers of the law of the time, and Hans Gross, the famous founder of criminology and Kafka's professor at Charles University, Prague, were thematised in order to determine the dimensions of the writer's crucial preoccupation-to deconstruct the social Darwinist theories of the criminal law.
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