The Law as Hegemony in Franz Kafka's 'The Trial' - Essay Sample

Introduction

Franz Kafka's The Trial interprets the law as an aspect of hegemony both legally and socially. The novel follows a plot where the protagonist Josef K. is arrested and his efforts to extricate himself from an authoritarian, totalitarian and bureaucratic system. K. struggles against the law as he stands accused of an unknown crime where the trial is set to issue forth justice. However, the court system issues little justice because of the harsh treatment Joseph receives. By most standards, the bureaucratic nature of the totalitarian government agencies illustrated through the court denies Josef a fair trial (Kafka 141). He is denied access to legal information about the essential details about his case. For example, the protagonist is never informed of the crime he committed and the law he breached. As fate would have it, Josef is executed without a comprehensive understanding of how the judges reached his conviction. As an alienated person, Josef is a needle in the haystack surrounded by an unforgiving totalitarian authority that lives above the law. As such, hegemony presented through bureaucratic means of control epitomizes injustice against Josef K.

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As hegemony would have, it is ironic that the laws created to provide justice to all generate the highest level of injustice. At the core of Kafka's depiction of the judiciary are opposition against justice and fair trial. As society and government set the goals of absolute justice, it evidently becomes attainable on paper but in practice, the law is muddled by world attempts of enforcing the statutes. Therefore, "The Trial" stipulates how the human sense of institutionalizing the notion of justice creates a corrupt and counterproductive judicial system that propagates injustice. Court officials engage in acts of bribery for individuals to buy their freedom or renewed justice instead of using government resources to ensure a fair judicial process under the sanctioned constitutional laws (Kafka 51). The uncompassionate bureaucratic process is shown to be extremely pervasive that individuals view the justice system as the ideal justice. In a paradoxical occurrence of events, Josef is assured that the treatment he receives will be fair and just (Kafka). However, in practice, the system of justice is completely distinct from any form of ideal justice. The judicial system considers itself an arbiter implying that whatever the courts do is naturally just. As such, the human understanding of the law moves further away from the attainment and apprehension of justice.

Alienation and control showcased in the novel lead to the loss of camaraderie or collaboration. As a result, Kafka creates a picture where each individual acts as a sole or isolated agent. Besides, society is forced to focus on controlling oneself and others to achieve personal desires. Corrupt justice officials ask for bribes to satisfy their personal interests. On a personal level, Josef interpersonal interactions are motivated by ambition and hierarchy. He carefully calculates how he can use his position to derive the greatest benefits by manipulating other people to his own advantage. Nevertheless, despite his cunning nature, he is at the mercy of the court system representing the law. Moreover, in the larger context, even judges in high position are just powerless as more power rests in high government ranking. The totalitarian and authoritarian regime in The Trial fosters segregation by class with only a few affluent persons enforcing the alienated practices and control over the society.

Kafka's hegemony in terms of bureaucratic means is also evident in the Plaut v. Spendthrift Farm Inc. The Plauts together with other investors allegedly claimed that the Spendthrift Farm committed fraud and used deceit in the sale of stocks (Dolin 1). The case became a legal battle within the government itself. When the District Court in Kentucky ruled that the suit was surpassed by time, the Supreme Court made a ruling in the Lampf case that suits must commence within a year (Dolin 1). The Congress also intervened with new legislation that could reinstate suits dismissed after the Lampf ruling in the enacted Section 27A(b). Likewise, the District court retaliated arguing that the legislation by Congress was unconstitutional and even brought forth the argument about separation of power (Dolin 1). Such bureaucratic processes within the legal fraternity and arms of government promote hegemony through a system of control that hurts normal citizens of the state. The prolonged process of justice promotes uncertainty, insecurity, and fear among people since they have no control just like Kafka illustrates in The Trial.

Conclusion

In conclusion, the Franz Kafka novel showcases the consequences of hegemony in society. Hegemony nurture bureaucratic processes that affect the functioning of the judicial system by perpetrating forms of control. Corrupt officials use their power to control the ignorant and those who lack the experience with the law. Under the invisible hand of an authoritarian and totalitarian regime, The Trial shows a man's quest to clear his name after being charged with an unknown crime. However, since the system works against him, he succumbs to execution after an unfair trial that perpetrates injustice. The law should uphold justice and each and every individual should be given access to fair trial and information without limited control (Benjamin 16). The Judicial system should be a beacon of hope and justice but not a system in which dominant persons ensure the control of the masses.

Works Cited

Cardozo, Benjamin. "Law and Literature." The Harvard Law Review.

Kafka, Franz. The Trial. Translated by David Wylle., 1925 https://www.planetebook.com/free- ebooks/the-trial.pdf

Dolin, Kieran. "Introduction to law and literature: walking the boundary with Robert Frost and the Supreme Court." A Critical Introduction to Law and Literature, pp. 1-16.