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Critical Analysis Of Essay Of Reza Banakar's Essay "In Search Of Heimate: A Note On Franz Kafka's Concept Of Law"

830 words - 4 pages

In the essay "In search of Heimate: A Note on Franz Kafka's Concept of Law", the writer Reza Banakar reviews Kafka's intrepretation of the legal system within his writings. Banakar concocts a passionate arguement for the fact that in the story of The Trial, law is not only a concept but an experience that leaves a indiviual feeling trapped. He also gives a well thought out testimony to support the claim that The Trial bridges the concept of the human condition and the legal system together. Even though the piece is unorganized and uses legal jargon that college students are unfamiliar with, the essay should be included in the new critical edition of Kafka's work due to the fact that it ...view middle of the document...

Even though the legal system is exaggerated, Banakar believes that the court system in The Trial accurately depicted the immorality of the law during the 1900's. "Many of Kafka's descriptions of the legal proceedings in The Trial -metaphysical, absurd, bewildering, and "kafkaesque" as they might appear- are, in fact, based on an accurate and informed knowledge of the German-Austrian criminal proccedings of the time" (Banakar). This is also an example of how, Banakar believes, Kafka bridges the concept of the human condition and the legal system together.
Banakar also claims that The Trial brings the workings of the court system and the human reputation to light. "In Kafka's fiction, these two worlds merge to uncover the inner contradictions of modernity" (Banakar). These two seperate entities combine to show the reality that man is faced with, just not as severe. The law takes on a different form to fit the crime of the accused. Banakar sees that the human conditon depends on the law. Without law, to what regards would we govern, what is right and wrong?. "The law applied to Josef K's case is similar only in certain respects to state law: it uses such concepts as legal proceedings, case, court, defendant, lawyer and judge. Otherwise, it is unlike state law in that courts or legal proceedings are "distorted" beyond everyday recognition and,...

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