Giorgio Agamben on Kafka and The Trial

kafka-manuscript-thetrial

“In 1983, the publisher Einaudi asked [Primo] Levi to translate Kafka’s The Trial. Infinite interpretations of The Trial have been offered; some underline the novel’s prophetic political character (modern bureaucracy as absolute evil) or its theological dimension (the court as the unknown God) or its biographical meaning (condemnation as the illness from which Kafka believed himself to suffer). It has been rarely noted that this book, in which law appears solely in the form of trial, contains a profound insight into the nature of law, which, contrary to common belief, is not so much rule as it is judgment and, therefore, trial. But if the essence of the law – of every law – is the trial, if all right (and morality that is contaminated by it) is only tribunal right, then execution and transgression, innocence and guilt, obedience and disobedience all become indistinct and lose their importance. “The court wants nothing from you. It welcomes you when you come; it releases you when you go.” The ultimate end of the juridical regulation is to produce judgment; but judgment aims neither to punish not to extol, nether to establish justice nor to prove the truth. Judgment is in itself the end and this, it has been said, constitutes its mystery, the mystery of the trial.”

— Giorgio Agamben, Remnants of Auschwitz: The Witness and the Archive.

2 Comments

    • Hi Laura! Thank you for your comment. I’m not sure that I recommend any specific studies of the novel, but I can certainly recommend Reiner Stach’s superb three-volume biography. Best, Rhys

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