The Trial defines a unique worldview prevalent in Eastern European society during its time of publication (1925). The story presents a certain undefinable fear of both the unknown and of government organization. Moreover, it represents Franz Kafka’s own reservations about the organized society, in which the individual loses all rights to life and due process. The book serves as a prediction for the future in Kafka’s eyes, where unnamed agents under the guise of civil servants can arrest a person without any probable cause, and force him into a trial for his life. All the while its main character, Josef K., is completely unbeknown to the crime he has committed, similar to the victims of the Holocaust just fifteen years after the book’s publication. The Trial serves as Franz Kafka’s commentary on the inherent conflict between law and justice in the systematic societies of post-World War I Europe and as a prediction for the fate of the individual in such societies as a result of expressing their individualities. Kafka would never live to see his predictions become the abhorrent reality of Hitler’s Third Reich, which would have most likely been his demise, being that he was Jewish.
In The Trial, Franz Kafka presents the dichotomy of law and justice as parts of the legal system. In the story, Josef K. becomes a manipulated entity of a system in which there is only law without its counterpart of justice. The laws allow for K. to be charged without any evidence of a crime are Kafka’s predictions for the laws of the future based on his perception of post-World War I Europe. He places not only K. in a unique and foreboding position but also those who are intended to serve justice. Years later, those who acted under the laws of the Third Reich – lawyers, judges, and doctors, would take part in the Nuremberg Trials. Their defense is one that is directly predicted by Kafka in The Trial. When the justices of the Third Reich were judged in Nuremberg, their primary and namesake defense was that they were acting rightfully under the laws of the nation in which their courts had jurisdiction in. Essentially, they acted under blind law, rather than blind justice. Kafka places K. in a world of judicial relativity, where only law exists, with no counterbalance in the form of the scales of justice. Kafka places K. in a world where he is doomed and helpless, much like those who were being “served justice” under Reich Ministers of the Second World War. His crime is unknown, just as the “crimes” of the millions who were murdered in Europe twenty-five years after the book’s publication. Furthermore, K. is not able to defend himself as he does not conform. By not knowing his crime, the legal system is of no use to him as one cannot defend himself if he does not know what he is being charged with. None of those sentenced to death, labor, or sterilization knew why they were being punished, other than for being themselves. Defense can only come if there is justice and context. The Nuremberg Trials brought some initial form of justice and context back to Germany in the form of international human rights laws. Kafka’s work is a prediction for the Germany that came, the nation that took so many lives – under the law. A verdict is a balance between law and justice. Anything but a conglomeration of the two is but a bastardization of the legal system, and a defense that does not work when justice is present. A legal system must always include morality and rights for the individual, of which K. is given none.
Kafka also uses this judicial relativity to show that law and justice are not indifferent by nature. Yet society has become indifferent. In the midst of World War I, the societies of the future become indifferent, and, as a result, their judicial systems reflect that indifference.
In K.’s world, society has become indifferent. The world is indifferent to him and he can do nothing but accept the indifference with vein hope for survival. K. places faith in the law within his society – however the law is no longer in place to serve the people. The law is in place to serve the status quo of a bureaucracy. K. can never decide how to logically argue against the Court as he has no logical basis for his charge. In essence, K. is in a void, trapped between life, law, and logic, with the latter two objects taking ahold of the former. To not accept the Trial as logic is to deny justice. To deny justice is to define life, and, in this instance, justice is ambiguous and unknown until K.’s ultimate demise. His fate is sealed yet he does not know it. This contention made by Kafka reflects his fears of organized society. K. believes that accepting the law, in whatever ambiguous form it may come, will increase the chances of justice prevailing. The presence of law creates the assumption that justice exists coincidentally. It provides a sense of false hope and ensures that those charged with crimes are pacified and will trust the organized system in place.
In K’s will to accept the law, he still fails in his quest for acquittal. K. attempts to use the law to find justice, but his will to survive is not as great as his unconditional acceptance of the law. Justice, blurred by law, becomes unclear. The law, on the other hand, remains the clear and the final authority, however ambiguous and illogical it may seem.
In the society K. lives in, uniformity is the only method of organization, just as it was in Hitler’s Germany. Those that participate in the bureaucracy are not harmed. Yet those who dare to oppose, whether by intent or by nature, are those who stand trial. They are the businessmen and people who contribute to a thriving and diversified society. K. represents the opposite of a conformist in many ways. He is a banker, and thus involved in a profession that promotes diversity and progress. These two facets of his industry directly contradict that of a static fascist nation. The banker promotes capitalism, which typically contradicts fascism and socialism. The banker acts as an individual promoting advancement. Yet, in K.’s post-modernist world, the individual is made irrelevant through bureaucracy.
Franz Kafka directly questions the future of the individual by making K. a banker. The progressive bankers, intellectuals, lawyers, and doctors become replaced by thoughtless civil servants and ambiguous ultimatums. The realization of Kafka’s prediction for the educated and the competent comes true in Hitler’s Germany.
Hitler’s bureaucracy in the form of the Nazi court system and through the Waffen-SS systematically destroyed the ability of the educated to conduct business, thrive and promote the future. These two aspects of society, judicial and military, together destroyed any prospects of Germany recovering from World War I and thrust it into becoming a state of destruction, the likes never seen before. The judicial system essentially becomes a means of carrying out politics and social agenda. Bureaucratic agencies placed Jews into organized ghettos and concentration camps. Three of Kafka’s sisters were sent to their deaths in Poland by the Nazis.
The fact that bastardized law still exists in K.’s society is indicative of a false sense of normalcy. This can be compared to the façade of the Nazi concentration camp Theresienstadt. Theresienstadt, to any outsider, such as the Red Cross, appeared to represent Hitler’s claim of his progressive Germany. It was nothing but a means of appeasement, just as K’s trial is. Kafka’s sister would eventually be sent to Theresienstadt, before being sent to her death at Auschwitz (Czech, Internet Edition).
As K. is arrested, he is handled by multiple agents that are cordial to him, yet simpleminded. They are controlled and pacified. They are a function of society just as a machine functions in a factory. They provide an image of both authority and anti-resistance. Their uniforms present the image of power. They instill fear, just as those of Hitler’s SS. The fact that Kafka presents them as cordial decreases the chances of any acts of resistance occurring against them. When individuals were deported to camps in Europe in World War II, they were deceived by fear. The possibility of individual resistance was mitigated by both force and propaganda. The individual lost the will to fight to preserve short-term sanity. Such was Kafka’s prediction based on K’s compliance in the novel. By complying with the law, K. can rationalize that he will prevail and keep his sanity. This rationalization will ultimately only last him until his thirty-first birthday, when he would meet his end.
After K. is finally convicted, he is murdered on his thirty-first birthday by agents of the law. He is not allowed any dignity in his death. He is stripped naked prior to his execution. Not only is he physically stripped naked, but he is stripped of legal rights, privileges, and most of all, justice. He is stripped of his ability to function and will to survive. K. is asked to kill himself yet he refuses to do so. He chooses the warden to do the job, not giving society the satisfaction that the individual has destroyed himself. The only choice left for the individual at the end of a bureaucracy is to decide who shall be the executioner. The individual has only truly died when he or she has decided to take their own life.
Kafka’s prediction for the demise of the individual is completed with the death of Josef K., representing the death of the individual. Just fifteen years later, eleven million people, including Kafka’s own family, would be stripped exactly as K. was, both physically and in other manners. They were stripped of identity and humanity and became a number rather than a name. They were stripped of their rights to existence and to due process. Law and justice inherently conflict each other as law is procedural and justice bears a certain moral grounding. Yet the two cannot exist without one another. The Trial is Kafka’s manifesto on the future of the modern society where the law becomes corrupt and unchecked by justice and morality. The law becomes so corrupt that it conflicts with justice and the ability of the individual to survive and define his or her life.
(Edited at 06:58 05/01/2012)