Literature as a Source of Law - A Case Study of Franz Kafka\'s Trial

Abstract

The following paper studies the legal systems of today\'s times and their striking similarity with Kafka\'s book The Trial and its characters; Franz Kafka was a writer from Prague in the previous century who gained prominence in the literary sphere after his death. One of his incomplete masterpieces, The Trial, contains a socio-legal theme to be discovered. As with all of his stories, we find the protagonist in an absurd situation. Joseph K, a banker is handed over an arrest without any explanation whatsoever and the more he tries to discover the reason and get out, the more he finds himself trapped in a bureaucratic scheme. In this book, apart from Joseph K, there are other important characters that need to be listed down for further reference, and in no particular order, they are- The judge, The landlady Frau Grubach, Fraulein Burstner, a girl who lives in the same house as Joseph, the woman in the court, the usher, the two policemen Franz and Willem, Joseph\'s uncle Karl, the lawyer, Huld whom Uncle Karl wants to be hired for the trial. The following paper also explores literature as a potential source for laws around the globe, with special reference to Indian laws. The paper aims to establish a connection between popular literature and its themes as the foresight for possible legal reforms to be made in Indian society.

Introduction

• Kafkaesque refers to oppressive, nightmarish, illogical, and bureaucratic situations that provoke fear, paranoia, and helplessness.

• It often portrays absurd complexities, as seen in oppressive political regimes (e.g., North Korea, Middle East).

• In Kafka’s works, characters are trapped in inexplicable systems, reinforcing a sense of existential dread.

II. Kafka’s The Trial – Joseph K.

• Joseph K. is arrested without knowing his crime, triggering a spiral of bureaucratic madness.

• He gradually believes in his guilt due to the oppressive legal system.

• Kafka blurs reality and fiction, making the legal process disturbingly realistic.

Key Incidents:

1. Arrest: Joseph is arrested at home; colleagues and prosecutor conspire against him.

2. Courtroom Speech: Joseph accuses the entire court of being part of a hidden, manipulative organization.

3. Systemic Corruption: Joseph sees badges on everyone, suggesting a vast organized conspiracy.

4. Courtroom Abuse: A woman, harassed in court, symbolizes powerlessness and systemic abuse.

5. Whipping Incident: Policemen who abused Joseph are punished by a court-appointed whipman, a bizarre self-contradictory act showing mock justice.

III. Kafkaesque in Cinema

A. The Shawshank Redemption

• Though uplifting, it shares Kafkaesque themes: false conviction, injustice, and bureaucratic oppression.

• Andy Dufresne, a banker (like Joseph K.), is imprisoned for a crime he didn’t commit.

B. The Truman Show

• Truman is unknowingly trapped in a fake world controlled by an unseen authority.

• Reflects Kafkaesque themes of surveillance, manipulation, and loss of agency.

IV. Real-World Parallels – Kafkaesque Cases in Indian Law

1. Stan Swamy Case: Arrested under anti-terror laws; later revealed to be innocent. Died in custody due to state negligence and systemic failure.

2. 2019 Encounter Killings: Rape suspects were shot by police; later revealed to be minors, raising concerns of fake justice.

3. 2002 Gujarat Riots: Courts shielded perpetrators; an example of systemic impunity.

4. Kamble Case: Arrested on weak charges, re-arrested under sedition laws—justice deferred through legal loopholes.

These cases mirror Kafka’s themes: oppression, delay, abuse of power, and institutional failure.

V. Law vs. Literature

• Key Difference: Real life is supposed to follow due process, but Kafka’s world does not.

• However, literature reflects and critiques law, often offering deeper insights into justice and human suffering.

A. Literature as a Source of Legal Insight

• Examples from The Iliad to Camus show how literature helps society reflect on justice.

• Literature prompts public discourse, supports human rights, and questions abuses of power.

VI. Origins of Indian Law

• Many Indian laws are based on ancient Hindu texts like the Manusmriti, Vedas, and Upanishads.

• British colonial rule codified and translated these into formal laws (e.g., Hindu Marriage Act, Succession Act).

VII. Indian Legal System Today

• Modern Indian law is based on:

  • Criminal Procedure Code (CrPC) – 1898 (soon to be replaced by Bharatiya Nagarik Suraksha Sanhita Bill, 2023)

  • Indian Penal Code (IPC) – 1860 (to be replaced by Bharatiya Nyay Sanhita Bill, 2023)

  • Evidence Act – 1872 (replaced by Bhartiya Sakshya Bill, 2023)

• These reforms aim to modernize law, but Kafkaesque bureaucracy and delay still persist.

Conclusion

According to Kafka, the legal system is a complex and bureaucratically governed institution that was created to serve the state\'s agenda. While we can say that this is certainly to some extent true and relevant in today\'s time, we have to acknowledge the time and the zeitgeist when Kafka was still alive and writing. The sentiments of those times, the eerie looming situations, and the dystopian vision all were contributing factors influencing the writer. Kafka himself was influenced by the works of \"Fyodor Dostoevsky\", the Russian writer and specifically, \"Crime and Punishment\". These stories are, at the end of the day, just stories and we have to put our faith in our judiciary system, without which, sheer anarchy would overtake. We have to be thankful that we have a system, to keep all evil at bay and check. The criminals do fear law and order and that is only how we as members of society can go peacefully to sleep, even to work, or can leave our children to their schools without fear and anxiety constantly disturbing our regular course of life.

References

[1] Chakrabarti, D. (n.d.). The Law and the State: Kafkaesque legal conundrum. Medium. retrieved September 17, 2023, from https://medium.com/@dishari.chakrabarti21_mpg/the-law-and-the-state-kafkaesque-legal-conundrum-931a8d4a02e4 [2] Kafka, F. (1995). The trial (G. Steiner, Ed.; W. Muir & E. Muir, Trans.). Schocken Books. [3] Litowitz, D. E. (2017). Kafka\'s Indictment of Modern Law. University Press of Kansas menon, m. v. (2022). Jus Corpus Law Journal. AYUSH PANDEY. [4] Ohja, Shristi, (2022) Hyderabad Encounter Fake, Police Version Concocted: Judicial Inquiry Commission Recommends Action Against 10 Cops for Murder, Livelaw, available at https://www.livelaw.in/top-stories/hyderabad-encounter-fake-police-version-concocted-judicial-inquiry-commission-recommends-action-against-10-cops-199664?infinitescroll=1 [5] Sathe, S. P. (1983). Crisis of Indian Legal System [Review of Alternatives in Development: Law: The Crisis of the Indian Legal System, by U. Baxi]. Economic and Political Weekly, 18(32), 1388–1393. Available: http://www.jstor.org/stable/4372382 [6] Luke Mason, \'The Intractably Unknowable Nature of Law?: Kadi, Kafka, and the Law\'s Competing Claims to Authority\' in Matej Avbelj and others (eds), Kadi on Trial: A Multifaceted Analysis of the Kadi Trial (Routledge 2014). [7] Kustantinah, I. (2021, july). A Study on Moral Values Represented in Shawshank Redemption Movie. Allure Journal, 1(1). 10.26877/allure.v1i1.9242 [8] Dong, c. (n.d.). The Utopia Dream in \"The Truman Show\". International Conference on Arts, Design and Contemporary Education (ICADCE 2016), 1(1).

Copyright

Copyright © 2025 Piyush Jangir. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.