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Kafka's Exploration of Law's Paradoxes

May 17, 2025

The Law before its Law: Franz Kafka on the (Im)possibility of Law's Self-reflection

General Information

  • Article Title: The Law before its Law: Franz Kafka on the (Im)possibility of Law's Self-reflection
  • Published in: German Law Journal
  • Published by: Cambridge University Press
  • Publication Date: 06 March 2019
  • Author: Gunther Teubner
  • DOI: https://doi.org/10.1017/S2071832200001851

Key Themes

  • Parable Overview: The article discusses a parable included in Franz Kafka's novel "The Trial" where a man from the countryside seeks access to the Law but is continuously delayed by a doorkeeper.
  • Concept of Law’s Accessibility: Kafka challenges the notion that the Law should be readily accessible to everyone by depicting a complex system of doorkeepers that guard the Law.
  • Impossibility of Self-reflection: The article explores the difficulties of legal self-reflection, as represented by the impenetrable barriers to accessing the Law in Kafka's narrative.

Notable Extracts

  • Doorkeeper's Role: The doorkeeper represents an initial barrier to accessing the Law, and despite taking bribes, he continually denies entrance.
  • Man’s Perseverance: The man waits a lifetime for admittance, symbolizing the endless quest for justice and understanding of the Law, which remains elusive.
  • Final Revelation: The doorkeeper reveals that the entrance was meant solely for the man, emphasizing the personal journey and unique challenges in seeking the Law.

Philosophical Implications

  • Legal Self-reflection: Kafka’s work is a commentary on the self-referential paradoxes within legal systems, underlining the challenges in achieving true self-reflection.
  • Critiques and Analyses: The article includes analysis from various philosophers and legal theorists, such as Jacques Derrida and Giorgio Agamben, who compare the narrative to broad legal and philosophical themes.

References

  • Franz Kafka's "The Trial": Central text for the parable.
  • Jacques Derrida: Describes legal self-reflection as an abyss.
  • Giorgio Agamben: Links the parable to broader themes in Kafka’s "The Trial."
  • Niklas Luhmann: Discusses paradoxes of self-reference in law.

Related Works

  • Articles and books exploring themes of justice, legal critique, and philosophical reflections on law are cited, such as works by Derrida and Agamben.