In the immense literature (even legal literature) devoted to Franz Kafka, this essay tries to extract and explore the experience of the Prague writer of being stripped since childness of the confidence and trust of parents (especially the father). An experience Kafka depicted in several of his masterpieces and which finds its counterpart in the way common citizens mey perceive themselves as not worthy any trust from the part of state and legal system. In such a society, law is is compelled to make recourse to coercion and harsh penalties in order to preserve social order and compliance. In the works by Kafka, through the sufferings of the main characters (The Metamorphoses, The Trial, The Castle) seems thus displayed also for lawyers and lawmakers how paramount should be a mainly responsive legislation and the legal and social recognition not only of fundamental human rights, but especially of an equal respect for every individual.In such recogntion lies the prerequisite for any social organisation to achieve smoothly and effectively its goals.
Forti, G., Franz Kafka e l’impazienza del diritto, in Forti, G. (ed.), GIUSTIZIA E LETTERATURA II, Vita e Pensiero, Milano 2014: 286- 317 [http://hdl.handle.net/10807/55397]
Franz Kafka e l’impazienza del diritto
Forti, Gabrio
2014
Abstract
In the immense literature (even legal literature) devoted to Franz Kafka, this essay tries to extract and explore the experience of the Prague writer of being stripped since childness of the confidence and trust of parents (especially the father). An experience Kafka depicted in several of his masterpieces and which finds its counterpart in the way common citizens mey perceive themselves as not worthy any trust from the part of state and legal system. In such a society, law is is compelled to make recourse to coercion and harsh penalties in order to preserve social order and compliance. In the works by Kafka, through the sufferings of the main characters (The Metamorphoses, The Trial, The Castle) seems thus displayed also for lawyers and lawmakers how paramount should be a mainly responsive legislation and the legal and social recognition not only of fundamental human rights, but especially of an equal respect for every individual.In such recogntion lies the prerequisite for any social organisation to achieve smoothly and effectively its goals.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.