The Trial': The Role of Justice and Judgment

Topics:
Words:
537
Page:
1
This essay sample was donated by a student to help the academic community. Papers provided by EduBirdie writers usually outdo students' samples.

Cite this essay cite-image

Kafka's Trial questions the relationship of justice and the law (often capitalized in the novel as 'the Law'). The thing about laws is that they're supposed to be just. If there's an unjust or an unfair law, we expect to be able to work to get the law overturned by appealing to higher principles of justice. (Consider, for example, the Civil Rights Movement. Racial segregation and discrimination were unjust; therefore we appealed to a higher principle of justice – racial equality – to eliminate those practices.)

But here's the thing about Kafka's vision of the Law: the Law is such an abstract ideal that it can have nothing to do with the ordinary lives of human beings. Put it this way: the idea that all human beings are equal is written into the United States' founding documents, but do we actually have a country where everybody is equal? Would it be fair for the government to come in and mandate certain types of equality? No matter how committed you are to democratic ideals, many of us would hesitate to give up our hard-earned wages – what we consider the individual's equally valid right to his or her own property. While the ideal that everybody is equal is just, actually putting it into practice could result in an unjust society where people's property is unfairly taken away from them.

Save your time!
We can take care of your essay
  • Proper editing and formatting
  • Free revision, title page, and bibliography
  • Flexible prices and money-back guarantee
Place an order
document

What makes Kafka's novel more of an allegory, however, is that, rather than giving us a concrete political issue (like economic equality), the novel gives us just the bare struggle of one individual against an unspecified Law – not any specific law, just the Law in general. The court is just the human and bureaucratic embodiment of this Law. Just as the Law seems inhuman and unjust precisely because it is such an abstract expression of justice, the court is portrayed as equally inhuman and unjust. Thus another paradox of the Law is that it can't just exist in abstraction; it needs the court. But the court, as a system run by human beings, inevitably corrupts the law. Kafka's novel nicely indicates the court's corruption through its sordid offices and its lusty judges.

But here we have yet another paradox in the Law. The first paradox is that the Law is supposed to be an expression of justice that transcends all individual human cases, but it is, in fact, unjust because it is so abstract, because it is oblivious to the individual human case. The second paradox is that the Law is an abstract ideal, but it needs the court, a concrete human system manned by human workers, to exist. The third paradox is that, even though the Law is abstract and above all human affairs, it saturates all human affairs. You just can't escape the Law. No matter how Kafka's hero tries to escape the court, to free himself from the court, he only finds himself dragged deeper into its web. Just like the man from the country in the parable of the Law, Kafka's hero's fate attests to the desolate wisdom that we are always before the Law. If we think we can exist outside or without or beyond the Law, we may be the most deluded people on the planet.

Make sure you submit a unique essay

Our writers will provide you with an essay sample written from scratch: any topic, any deadline, any instructions.

Cite this paper

The Trial’: The Role of Justice and Judgment. (2022, September 15). Edubirdie. Retrieved November 24, 2024, from https://edubirdie.com/examples/the-trial-the-role-of-justice-and-judgment/
“The Trial’: The Role of Justice and Judgment.” Edubirdie, 15 Sept. 2022, edubirdie.com/examples/the-trial-the-role-of-justice-and-judgment/
The Trial’: The Role of Justice and Judgment. [online]. Available at: <https://edubirdie.com/examples/the-trial-the-role-of-justice-and-judgment/> [Accessed 24 Nov. 2024].
The Trial’: The Role of Justice and Judgment [Internet]. Edubirdie. 2022 Sept 15 [cited 2024 Nov 24]. Available from: https://edubirdie.com/examples/the-trial-the-role-of-justice-and-judgment/
copy

Join our 150k of happy users

  • Get original paper written according to your instructions
  • Save time for what matters most
Place an order

Fair Use Policy

EduBirdie considers academic integrity to be the essential part of the learning process and does not support any violation of the academic standards. Should you have any questions regarding our Fair Use Policy or become aware of any violations, please do not hesitate to contact us via support@edubirdie.com.

Check it out!
close
search Stuck on your essay?

We are here 24/7 to write your paper in as fast as 3 hours.