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Author: Robert P. Burns Publisher: University of Chicago Press ISBN: 022616747X Category : Law Languages : en Pages : 197
Book Description
Franz Kafka s vision of the Law in "The Trial "is so strange, arbitrary, and unjust that it would seem to be the antithesis of our own. Yet, that is what makes Robert Burns latest book so compelling. Robert Burns brilliantly shows that Kakfa s masterpiece provides an uncanny lens through which to see and understand the American criminal justice system today. It provokes a shock of recognition that makes us see it in a very different light. Assuming no prior knowledge of Kafka s book, Burns tells the story, at once funny and grim, of Josef K., caught in the Law s grip and then crushed by it. Laying out the characteristics of Kafka s Law, Burns argues that the American criminal justice system has taken on too many of those same qualities. In the overwhelming majority of cases, our system is composed of police interrogation followed by plea bargaining, where the courts only function is but to set a sentence on an individual already determined to be guilty. Like Kafka s nightmarish vision, too much of our criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It too has come to rely on deception in dealing with suspects and jurors, to limit the role of defense counsel, and to increasingly dispense justice without the protections of formal procedures. Burns compellingly explains how and why we have become an increasingly punitive society. Finally, he takes up the question of whether we have the resources to change these Kafkaesque aspects of our criminal justice system and shows how the jury trial has that potential, but only if it is returned to a more central place in our system."
Author: Robert P. Burns Publisher: University of Chicago Press ISBN: 022616747X Category : Law Languages : en Pages : 197
Book Description
Franz Kafka s vision of the Law in "The Trial "is so strange, arbitrary, and unjust that it would seem to be the antithesis of our own. Yet, that is what makes Robert Burns latest book so compelling. Robert Burns brilliantly shows that Kakfa s masterpiece provides an uncanny lens through which to see and understand the American criminal justice system today. It provokes a shock of recognition that makes us see it in a very different light. Assuming no prior knowledge of Kafka s book, Burns tells the story, at once funny and grim, of Josef K., caught in the Law s grip and then crushed by it. Laying out the characteristics of Kafka s Law, Burns argues that the American criminal justice system has taken on too many of those same qualities. In the overwhelming majority of cases, our system is composed of police interrogation followed by plea bargaining, where the courts only function is but to set a sentence on an individual already determined to be guilty. Like Kafka s nightmarish vision, too much of our criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It too has come to rely on deception in dealing with suspects and jurors, to limit the role of defense counsel, and to increasingly dispense justice without the protections of formal procedures. Burns compellingly explains how and why we have become an increasingly punitive society. Finally, he takes up the question of whether we have the resources to change these Kafkaesque aspects of our criminal justice system and shows how the jury trial has that potential, but only if it is returned to a more central place in our system."
Author: Douglas E. Litowitz Publisher: University Press of Kansas ISBN: 0700624732 Category : Law Languages : en Pages : 206
Book Description
The legal system is often denounced as "Kafkaesque"—but what does this really mean? This is the question Douglas E. Litowitz tackles in his critical reading of Franz Kafka's writings about the law. Going far beyond Kafka's most familiar works—such as The Trial—Litowitz assembles a broad array of works that he refers to as "Kafka's legal fiction"—consisting of published and unpublished works that deal squarely with the law, as well as those that touch upon it indirectly, as in political, administrative, and quasi-judicial procedures. Cataloguing, explaining, and critiquing this body of work, Litowitz brings to bear all those aspects of Kafka's life that were connected to law—his legal education, his career as a lawyer, his drawings, and his personal interactions with the legal system. A close study of Kafka's legal writings reveals that Kafka held a consistent position about modern legal systems, characterized by a crippling nihilism. Modern legal systems, in Kafka's view, consistently fail to make good on their stated pretensions—in fact often accomplish the opposite of what they promise. This indictment, as Litowitz demonstrates, is not confined to the legal system of Kafka's day, but applies just as surely to our own. A short, clear, comprehensive introduction to Kafka's legal writings and thought, Kafka's Indictment of Modern Law is not uncritical. Even as he clarifies Kafka's experience of and ideas about the law, Litowitz offers an informed perspective on the limitations of these views. His book affords rare insight into a key aspect of Kafka's work, and into the connection between the writing, the writer, and the legal world.
Author: Franz Kafka Publisher: Princeton University Press ISBN: 0691222606 Category : Literary Collections Languages : en Pages : 424
Book Description
Franz Kafka: The Office Writings brings together, for the first time in English, Kafka's most interesting professional writings, composed during his years as a high-ranking lawyer with the largest Workmen's Accident Insurance Institute in the Czech Lands of the Austro-Hungarian Empire. Franz Kafka (1883-1924) is commonly recognized as the greatest German prose writer of the twentieth century. It is less well known that he had an established legal career. Kafka's briefs reveal him to be a canny bureaucrat, sharp litigator, and innovative thinker on the social, political, and legal issues of his time. His official preoccupations inspired many of the themes and strategies of the novels and stories he wrote at night. These documents include articles on workmen's compensation and workplace safety; appeals for the founding of a psychiatric hospital for shell-shocked veterans; and letters arguing relentlessly for a salary adequate to his merit. In adjudicating disputes, promoting legislative programs, and investigating workplace sites, Kafka's writings teem with details about the bureaucracy and technology of his day, such as spa elevators in Marienbad, the challenge of the automobile, and the perils of excavating in quarries while drunk. Beautifully translated, with valuable commentary by two of the world's leading Kafka scholars and one of America's most eminent civil rights lawyers, the documents cast rich light on the man and the writer and offer new insights to lovers of Kafka's novels and stories.
Author: Robert P. Burns Publisher: University of Chicago Press ISBN: 0226081281 Category : Law Languages : en Pages : 195
Book Description
In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.
Author: Franz Kafka Publisher: Strelbytskyy Multimedia Publishing ISBN: Category : Fiction Languages : en Pages : 7
Book Description
"Before the Law" is a thought-provoking parable that explores the complexities of bureaucracy, power, and the inherent limitations of human existence. The story follows a man who seeks access to the Law but finds himself constantly hindered by a gatekeeper. As the man spends his entire life waiting for permission to enter, he grapples with feelings of frustration, fear, and existential uncertainty. Kafka's allegorical tale raises profound questions about the nature of authority, the elusive nature of truth, and the individual's struggle against oppressive systems. Through its rich symbolism and enigmatic narrative, "Before the Law" invites readers to contemplate the human condition, the relentless pursuit of knowledge, and the eternal quest for meaning in a world governed by elusive and inscrutable forces.
Author: Robert P. Burns Publisher: Princeton University Press ISBN: 1400823374 Category : Law Languages : en Pages : 258
Book Description
Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.
Author: Ewoud Hondius Publisher: Cambridge University Press ISBN: 1139501151 Category : Law Languages : en Pages : 715
Book Description
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Author: Franz Kafka Publisher: Hyweb Technology Co. Ltd. ISBN: Category : Foreign Language Study Languages : en Pages : 13
Book Description
The story of The Trial's publication is almost as fascinating as the novel itself. Kafka intended his parable of alienation in a mysterious bureaucracy to be burned, along with the rest of his diaries and manuscripts, after his death in 1924. Yet his friend Max Brod pressed forward to prepare The Trial and the rest of his papers for publication.
Author: Franz Kafka Publisher: Legend Press ISBN: 1789559537 Category : Fiction Languages : en Pages : 198
Book Description
Part of the Legend Classics series It's only because of their stupidity that they're able to be so sure of themselves. A novel of such ambiguity will inevitably lend itself to a diversity of interpretation, but in The Trial you can at least be sure to find every element of storytelling now defined as Kafkaesque. Josef K., our protagonist, is unexpectedly arrested on the morning of his thirtieth birthday. The agents who arrest him are unidentified, the agency they work for is unspecified, and the crime for which he has been accused is unknown. When he is released, shortly after, he is told to await further instruction. So begins the manic and emotionless trial of a man beholden to the whims of an unknown force, and his painstaking attempts to find a way out of this existential maze. The Trial brings into focus the absurdity of life, our universal fear of judgement, and one ultimate question: how much of this endless maze will you explore before you accept the fate life has bestowed upon you? The Legend Classics series: Around the World in Eighty Days The Adventures of Huckleberry Finn The Importance of Being Earnest Alice's Adventures in Wonderland The Metamorphosis The Railway Children The Hound of the Baskervilles Frankenstein Wuthering Heights Three Men in a Boat The Time Machine Little Women Anne of Green Gables The Jungle Book The Yellow Wallpaper and Other Stories Dracula A Study in Scarlet Leaves of Grass The Secret Garden The War of the Worlds A Christmas Carol Strange Case of Dr Jekyll and Mr Hyde Heart of Darkness The Scarlet Letter This Side of Paradise Oliver Twist The Picture of Dorian Gray Treasure Island The Turn of the Screw The Adventures of Tom Sawyer Emma The Trial A Selection of Short Stories by Edgar Allan Poe Grimm Fairy Tales
Author: Kafka Franz Publisher: Xist Publishing ISBN: 1623959454 Category : Fiction Languages : en Pages : 141
Book Description
On his 30th birthday, Josef is arrested K. He is not told of the nature of his crime or the authority on which he is arrested. K. is not detained but when he tries to appear in court, even more strange things begin to happen. The Trial is one of Franz Kafka's most well-known and wonderfully strange works. This Xist Classics edition has been professionally formatted for e-readers with a linked table of contents. This ebook also contains a bonus book club leadership guide and discussion questions. We hope you’ll share this book with your friends, neighbors and colleagues and can’t wait to hear what you have to say about it.
Author: Robert P. Burns
Author: Robert P. Burns
Author: Douglas E. Litowitz
Author: Franz Kafka
Author: Robert P. Burns
Author: Franz Kafka
Author: Robert P. Burns
Author: Ewoud Hondius
Author: Franz Kafka
Author: Franz Kafka
Author: Kafka Franz