before the law: an interpretation | law and society@kwantlen
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Before the Law: An Interpretation
Kafka’s “Before the law,” discusses the story of a man who went to seek the knowledge and access
the law. The man was not given access to the law, he states that the law is something that should b
accessible to everyone and anyone (Kafka, 2013). The man was given a challenge to try and get pas
the gatekeeper in order to get to the law. Eventually the man becomes old and dies without ever
gaining access to the law (Kafka, 2013). Before the man dies, the gatekeeper tells him that the
entrance was made just for the man and since the man is now dying the entrance to the law will al
be closed (Kafka, 2013).
Imagine being in a courtroom fighting for what is right. The gatekeeper can be seen as a
professional, such as a mediator. If you are not able to demonstrate to the mediator why you shou
win the case, you will not have the verdict entered in your favor. As such, if the man was not able t
get past the gatekeeper he would never gain access to the law. The same can be seen for those
fighting to change how laws are in society. People can try several times to make changes; however
many are not able to get the changes they seek.
The man gave up possessions and items he had brought to try and win over the gatekeeper (Kafka
2013). This is similar to people trying over and over again to make changes or to try and achieve a
specific goal yet, only to wear themselves out. However, the gatekeeper took the items but told the
man he was only taking them so that the man would not feel like a failure, as he had put everythinhe had into getting to the law (Kafka, 2013). It is similar when people try to achieve specific goals
life however fail. Even though the outcome of accomplishing the set goal was not met, but as long
they put in all their effort, they will not feel like failures because they put in all the effort that was
possible. For example someone may have dreams of becoming a judge. They may exhaust all their
resources to become one, such as spending time and money to become a lawyer first. Afterwards,
they may go onto practice for many years as a lawyer hoping that one day they will become a judge
That individual may do everything in their power that is needed, but not get onto the bench.
However, all the effort did not go to waste. They were still able to accomplish the first step, which
was becoming a lawyer.
On the other hand, giving items to the gatekeeper can also be seen as bribery. In life sometimes w
as humans want to try and make problems go away quickly, in this case the problem was getting
past the gatekeeper. The best way was seen as giving stuff to the gatekeeper, which can also be see
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as bribery. The man thought that if he gave items to the gatekeeper, it may cause the gatekeeper to
slip up and let the man go past the gate (Kafka, 2013). Although it can be seen as though Kafka is
telling readers to try anything and everything to get to their goals so they do not have to feel like
failures. It can also be seen as saying to try bribery. This type of corruption can be found in the
government system, which creates laws in today’s society. Officials and authority figures may be
corrupt, and they may take bribes from individuals who are trying to get ahead in life without
having to wait or go around obstacles.
This man went on a journey to try and understand the law, and to try and get a sense of guidance
and purpose. When he failed to do so, due to him getting old and dying, the gatekeeper closed the
entrance that was made specifically for him (Kafka, 2013). This shows how everyone has their own
journey in life, they make their own paths and they try and find their own sense of guidance. Some
people turn to the law, they look at the rules and regulations, which have been set in place and try
to understand what is going on and why things are the way they are. There are many people who t
and understand the law and who at the same time try and make changes to it. People may try for
years and years to make changes that may not be possible to make.
There are implications to this parable. It is inaccessible; individuals are subject to the law even if
they do not know the foundations of it (Comack, 2006). The man however, has the option of
disobeying the gatekeeper and just going in. However, he chose not to, this shows the relationship
between authority and law. We can also see how the man does not enter even though the gatekeepis not stopping him. This shows the method of legal positivism, which focuses on facts and not the
values (Comack, 2006). There is also a social contract which can be seen. The man has given all hi
trust to the authority figure (the gatekeeper) and abides what he says as he believes the gatekeepe
is trustworthy. As bad as the man wants to go in, he believes that the gatekeeper will eventually let
him in (Kafka, 2013). At the same time this parable shows a relationship, which is lifelong and
constant.
Many people struggle to understand the law. There is plenty of confusion and doubt around it as itis not always easy to grasp and understand (Wais, 2010). While at the same time there are people
place who get to decide how the law should be and not everyone is given the chance to give their
opinions and ideas. As we get older we come to seek purpose and some sort of order in our lives,
especially when things are in chaos (Wais, 2010). As humans we want health when we grow older
and our health declines, we want youth as we age and get older, there is no set principle to guide
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us (Wais, 2010). We always want some sort of reason, anything that will help us understand life,
and this is where searching for purpose in life and the law comes in focus.
References
Comack, E. (2006). Locating Law (2nd Edition ed.). Halifax, Canada: Fernwood Publishing.
Kafka, F. (2013). Before the Law. Retrieved September 6, 2013, from Franz Kafka Online:
http://www.kafka-online.info/before-the-law.html
Wais, K. (2010). Franz Kafka’s Short Story, Before the Law. Retrieved September 5, 2013, from
Philosophies, Science, Formalisms, Music and More : http://abyssinia-iffat.com/BeforeLaw1.htm