The Law before its law: Franz Kafka on the (Im)possibility of Law's Self-reflection

2013 ◽  
Vol 14 (2) ◽  
pp. 405-422 ◽  
Author(s):  
Gunther Teubner

Before the Law stands a doorkeeper. A man from the countryside comes up to the door and requests admittance to the Law. But the doorkeeper says that he can't grant him admittance now. The man thinks it over and then asks if he'll be allowed to enter later. “It's possible” says the doorkeeper, “but not now.” Since the gate to the Law stands open as always, and the doorkeeper steps aside, the man bends down to look through the gate into the interior. When the doorkeeper sees this, he laughs and says: “If you're so drawn to it, go ahead and try to enter, even though I've forbidden it. But bear this in mind: I'm powerful. And I'm only the lowest doorkeeper. From hall to hall, however, stand doorkeepers each more powerful than the one before. The mere sight of the third is more than even I can bear.” The man from the country has not anticipated such difficulties; the Law should be accessible to anyone at any time, he thinks, but as he now examines the doorkeeper in his fur coat more closely, his large, sharply pointed nose, his long, thin, blank tartar's beard, he decides he would prefer to wait until he receives permission to enter. And the doorkeeper gives him a stool and lets him sit down at the side of the door. He sits there for days and years. He asks time and again to be admitted and wearies the doorkeeper with his entreaties. The doorkeeper often conducts brief interrogations, inquiring about his home and many other matters, but he asks such questions indifferently, as great men do, and in the end he always tells him he still can't admit him. The man, who has equipped himself well for the journey, uses everything he has, no matter how valuable, to bribe the doorkeeper. And the doorkeeper accepts everything, but as he does so he says: “I'm taking this just so you won't think you've neglected something.” Over the many years, the man observes the doorkeeper almost incessantly. He forgets the other doorkeepers and this first one seems to him the only obstacle to his admittance to the Law. He curses his unhappy fate, loudly during the first years, later, as he grows older, merely grumbling to himself. He turns childish, and since he has come to know even the fleas in the doorkeeper's collar over his years of study, he asks the fleas too to help him change the doorkeeper's mind. Finally his eyes grow dim and he no longer knows whether it's really getting darker around him or if his eyes are merely deceiving him. And yet in the darkness he now sees a radiance that streams forth inextinguishably from the door of the Law. He doesn't have much longer to live now. Before he dies, everything he has experienced over the years coalesces in his mind into a single question he has never asked the doorkeeper. He motions to him, since he can no longer straighten his stiffening body. The doorkeeper hat to bend down to him, for the difference in size between them has altered greatly to the man's disadvantage. “What do you want to know now,” asks the doorkeeper, “you're insatiable.” “Everyone strives to reach the Law,” says the man, “how does it happen, then, that in all these years no one but me has requested admittance.” The doorkeeper sees that the man in nearing his end, and in order to reach his failing hearing, he roars at him: “No one else could gain admittance here, because this entrance was meant solely for you. I'm going to go and shut it now.”

1981 ◽  
Vol 75 (3) ◽  
pp. 437-475 ◽  
Author(s):  
Burns H. Weston

In a parable drawn from The Trial, Franz Kafka once etched the following chilling profile: Before the Law stands a doorkeeper on guard. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall keepers stand at every door, one more powerful than the other. Even the third of these has an aspect that even I cannot bear to look at.” These are difficulties which the man from the country had not expected to meet; the Law, he thinks, should be accessible to every man at all times….


2001 ◽  
Vol 50 (4) ◽  
pp. 767-786 ◽  
Author(s):  
L. D. M. Nelson

The question of reservations was one of the ‘controversial issues’ facing the Third United Nations Conference on the Law of the Sea in drawing up the final clauses of the Convention. On the one hand it was argued that the integrity of the Convention must be safeguarded and that the ‘package deal’ must be protected from possible disintegration by the making of reservations. On the other hand the view was held that ‘allowance for the possibility of reservations is aimed at accommodating the views of the delegations who have maintained that they cannot become parties to the Convention unless the Convention permits them to exercise a right to enter reservations, in accordance with customary international law and as envisaged under the Vienna Convention on the Law of Treaties.’ In short the need to preserve the integrity of the Convention was pitted against the need to secure universal participation in the Convention.


Author(s):  
Kittichaisaree Kriangsak

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.


2011 ◽  
Vol 39 (4) ◽  
pp. 671-677 ◽  
Author(s):  
Andrew McGee

In a paper that has recently attracted discussion, David Shaw has attempted to criticize the distinction the law has drawn between withdrawing and withholding life-sustaining measures on the one hand, and euthanasia on the other, by claiming that the body of a terminally ill patient should be seen as akin to life support. Shaw compares two cases that we might, at least at first, regard as distinct, and argues that they are not. In the first case, Adam, who is dying of lung cancer, is connected to a ventilator and requests to be disconnected. In the second case, Brian, also dying of cancer, is not connected to anything, and so he requests his doctor to provide him with a lethal injection. In the first case, Shaw contends, Adam is being kept alive by a ventilator. In the second case, Brian is being kept alive by his body.


1992 ◽  
Vol 78 (1) ◽  
pp. 149-162 ◽  
Author(s):  
Jan Assmann

In this comparative study of ancient belief and practice, the Egyptian evidence is analysed first, then placed in the wider context of the Near East. It is argued that, while laws and curses are both ways of preventing damage by threatening potential evildoers with punishment, the difference lies in the fact that in the one case punishment is to be enforced by social institutions, in the other by divine agents. Curses take over where laws are bound to fail, as when crimes remain undetected and when the law itself is broken or abandoned. The law addresses the potential transgressor, the curse the potential law-changer who may distort or neglect the law. The law protects the social order, the curse protects the law. These points are illustrated by extensive quotation from Egyptian and Near Eastern texts.


2017 ◽  
Vol 1 (3) ◽  
pp. 1-26 ◽  
Author(s):  
Ulrike Heuer

The buck-passing account of values offers an explanation of the close relation of values and reasons for action: of why it is that the question whether something that is of value provides reasons is not ”open.” Being of value simply is, its defenders claim, a property that something has in virtue of its having other reason-providing properties. The generic idea of buck-passing is that the property of being good or being of value does not provide reasons. It is other properties that do. There are, however, at least three versions of the account which differ in their understanding of those “other properties.” The first two versions both assume that non-normative properties provide reasons, the difference being that the second allows that normative properties also provide reasons. Both run into difficulties, which I explain, in trying to defend the claim that non-normative properties provide reasons for action. The third version of the buck-passing account which explains being of value in terms of more specific evaluative properties that are reason-providing remains unpersuasive as well. Once we understand the relation between general and specific properties as a difference in degree, there is no space for a reduction of the one kind of properties to the other. In section II I sketch an alternative account of the relation between reasons and values, which is based on a thesis that I call the Conceptual Link and the claim that values are not just co-extensive with reasons, but explain them.


Imbizo ◽  
2017 ◽  
Vol 7 (1) ◽  
pp. 40-54
Author(s):  
Oyeh O. Otu

This article examines how female conditioning and sexual repression affect the woman’s sense of self, womanhood, identity and her place in society. It argues that the woman’s body is at the core of the many sites of gender struggles/ politics. Accordingly, the woman’s body must be decolonised for her to attain true emancipation. On the one hand, this study identifies the grave consequences of sexual repression, how it robs women of their freedom to choose whom to love or marry, the freedom to seek legal redress against sexual abuse and terror, and how it hinders their quest for self-determination. On the other hand, it underscores the need to give women sexual freedom that must be respected and enforced by law for the overall good of society.


Author(s):  
Patrick Colm Hogan

The introduction first sets out some preliminary definitions of sex, sexuality, and gender. It then turns from the sexual part of Sexual Identities to the identity part. A great deal of confusion results from failing to distinguish between identity in the sense of a category with which one identifies (categorial identity) and identity in the sense of a set of patterns that characterize one’s cognition, emotion, and behavior (practical identity). The second section gives a brief summary of this difference. The third and fourth sections sketch the relation of the book to social constructionism and queer theory, on the one hand, and evolutionary-cognitive approaches to sex, sexuality, and gender, on the other. The fifth section outlines the value of literature in not only illustrating, but advancing a research program in sex, sexuality, and gender identity. Finally, the introduction provides an overview of the chapters in this volume.


Author(s):  
Nimer Sultany

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.


1930 ◽  
Vol 51 (5) ◽  
pp. 769-776 ◽  
Author(s):  
Max B. Lurie

Under conditions closely simulating the natural modes of tuberculous infection in man normal guinea pigs have acquired tuberculosis by being exposed under two degrees of crowding to tuberculous cage mates in ordinary cages, where the food became soiled with excreta, bearing tubercle bacilli, and in special cages, with wire-mesh floors, where this source of infection was almost entirely eliminated. Guinea pigs were also exposed in the same room but not in the same cage with tuberculous animals. It was found that the relative tuberculous involvement of the mesenteric and tracheobronchial nodes showed a gradation of change from an almost completely alimentary infection to a completely respiratory infection. The disease involved the mesenteric nodes predominantly in the crowded ordinary cages, with much less or no affection of the tracheobronchial nodes. It was similarly, but less markedly, enteric in origin in the less crowded ordinary cages, the mesenteric nodes again being larger than the tracheobronchial nodes, but the difference in size was not so great. In the more crowded special cages the relative affection of these two groups of nodes alternated, so that in some the mesenteric, in some the tracheobronchial nodes were more extensively tuberculous. A disease characterized by less or no affection of the mesenteric nodes and by extensive lesions of the tracheobronchial nodes was seen in the less crowded special cages. Finally there was a massive tuberculosis of the tracheobronchial nodes with usually no affection of the mesenteric nodes in the frankly air-borne tuberculosis acquired by guinea pigs exposed in the same room but not to tuberculous cage mates. This gradation in the rô1e played by the enteric and respiratory routes of infection, as first the one and then the other becomes the more frequent channel of entrance for tuberculosis, would indicate that the penetration of tubercle bacilli by the one portal of entry inhibits the engrafting of tuberculosis in the tissues by way of the other portal of entry. It is apparent that in the special cages the opportunities for inhaling tubercle bacilli are at most equal to if not much less than in the ordinary cages; for in the latter dust from the bedding, laden with tubercle bacilli, is stirred up almost constantly by the animals, whereas in the special cages there is no bedding at all, and therefore, presumably, no more tubercle bacilli in the air than may occur in any part of the room. Nevertheless the route of infection was predominantly the respiratory tract in the special cages, especially in the less crowded, apparently because the enteric route had been largely eliminated. The greater predominance of the respiratory route amongst guinea pigs that acquired tuberculosis in the less crowded ordinary cages as compared to the lesser significance of this route in the more crowded ordinary cages would point in the same direction. These observations are in harmony with our knowledge that tuberculosis once implanted in an organism confers a certain degree of immunity to the disease. It is noteworthy that in a study of human autopsy material Opie (3) has found that when healed lesions are present in the mesentery focal tuberculosis in the lungs is seldom found, and that when first infection occurs by way of the lungs it tends to prevent the engrafting of the disease by way of the intestinal tract.


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