Totalitarian System Of Justice In Franz Kafka's The Trial

Franz Kafka’s novel “The Trial” examines a totalitarian system of justice that appears stems from human attempts to attain justice. An external, secret court exists outside of the public eye but holds the authority to carry out trials and judgements. When a startled Josef K is charged with some undisclosed act, Kafka examines the corrupt and absurd nature of the judiciary. As corruption runs through the system, it becomes normative and systemic in nature. Moreover, secrecy threatens the accused right to a fair trial, while symbols illustrate the totality of the justice system. Kafka utilizes symbolism and foreshadowing to depict a corrupt and bureaucratic judiciary. This stems from human attempts to attain justice, which develops as a theme

Consequently, the accused must participate in these corrupt practices to afford any chance at a favourable verdict. Thus, the judiciary may serve to create a sense of justice but in actuality only creates an unjust trial for the accused. Individuals charged by the court lack the appropriate information to understand the ambiguous law Kafka portrays, perpetuating injustice toward the accused. Early in the novel, Josef K holds the opinion that, “There is nothing hanging on the verdict of this trial, and that, whatever the verdict I will just laugh at” (71). The ironic nature of the quote becomes apparent when the novel ends with Josef K’s dying at the hands of men of the court. However, this quotation also reveals the lack of understanding Josef K has for the system. Nobody at any point explained clearly what the penalties are for being found guilty or what hangs in the balance. As a result, injustice is perpetuated toward the accused as they are not given the means necessary to defend themselves from the absurdity of the court. Additionally, the justice system is

Symbols play a role in demonstrating the lack of balance within Kafka’s system. Josef K meets with Titorelli, the painter who holds strong influence, and Titorelli remarks that, “Justice needs to remain still, otherwise the scales will move about and it won’t be possible to make a just verdict” (187). This statement refers to the symbolic scales of justice within a painting and further demonstrates the unjust nature of the court. Justice cannot be a still concept, it must evolve and take into account the specific time and space it exists within. In modern legal systems create this through the usage of mitigating factors, jury trials, and the leniency judges are afforded. However, Kafka’s system is intended to be the opposite, a man made creation of total justice that is beyond the reach of the accused. Such a court system is perverse in interpretation of the law and unjust. Moreover, symbols build on the strength of the court and the totality of power judges are afforded. In discussing another painting Josef asks, “‘That is a judge sitting on a judge’s chair isn’t it?’ ‘Yes, but that judge isn’t very high up and he’s never sat on any throne like that, he’s sitting like the president of the court’” (187). Judges within the court system depict themselves as entitled and powerful. When coupled with a lack of public oversight, the totality of