Law, Justice, and Power: A Reflection on Kafka and Anthropological Perspectives Before the Law by Franz Kafka involves a

Law, Justice, and Power: A Reflection on Kafka and Anthropological Perspectives

Before the Law by Franz Kafka involves an epic with a rather unsatisfied picture of the law. The action is depicted in the story where a countryman who wants to pass through a gate to get to the law is stopped by a gatekeeper. The gatekeeper does not tell the man that he cannot come in—he only tells the man he cannot come in ‘yet.’ Therefore, the man waits his whole life for something he never gets an opportunity to enter. This makes the law look like something very far from reality, complicated, and incredibly nearly unreachable. Kafka’s story creates the notion that the presence of law as an institution does not mean that it is a fair system that functions democratically. He insists that it is actually a system manipulated by the powers that; it is difficult to determine who has a right to justice and who does not. (Kafka, 1937).

Law has also been approached from various perspectives by anthropologists. For instance, A.R. Radcliffe-Brown postulated that it is the social blessing that enhances serenity in the realm of people’s relations. He believed that rules as well as laws are significant since they act as institutions that give form to the existence of a population. (Radcliffe-Brown, 1935). Nevertheless, this idea is incongruent with the events of Kafka’s story. In Before the Law, the law does not appear to serve any utility for society in any way. It is a well-planned world, but sadly, it is an encapsulated one in which people such as the countryman will never partake. This establishment appears to have been designed for little other purpose than to exclude people.

Another relevant SAC is Sally Falk Moore’s approach to legal pluralism which gives another angle about this story. In such opinion, Moore himself stated that he does not see law as one system; it is composed of several systems of law. There are legal regulations that originate from the government and policies sanctioned by culture, religion, and region. This idea assists in explaining the countryman’s position. He has no clue as to which rules govern the circumstances which is why he does not understand the system he is facing. He may have a view of justice that is quite different from the premise he has in front of him; as a result, he cannot access it. Moore’s argument means that law is not only in the formal legal settings like the courtrooms and the written codes; it is also concealed and informal ways that determine those who are going to receive justice and those who will be denied it.

Thus, is Before the Law an illustration of an actual justice system or a mere notion of oppression? Using the characters of Kafka’s story, it can be stated that law is not always justified. On the contrary, it can mean a method of maintaining them in a state of subjugation. The countryman’s endless waiting is based on real life where people are denied access to justice due to practical issues, corruption, or unfair rules of procedure. Hence, Moore’s argument can be seen to undermine this by pointing out that justice may well be performed beyond the scope of the law. However, just like in Kafka’s story, it is quite a challenge to come across.

Finally, the analysis of the story by Kafka and the views of anthropology support the idea that law is not an easy simple pure system. It is instead determined by power, different legal systems, and fairly ambiguous regulation is how it can be described. As such, justice can be quite a puzzle, a burden, and a mere mirage at the highest level.

References

Kafka, F. (1937). Before the Law. The Trial.

Radcliffe-Brown, A. R. (1935). 48. Primitive Law. Man, 47-48.