Franz Kafka

Art and graphics by Barbara Postel
work in progress began 11/2/01

 

The Trial

Kafka's Trial is a multi layered masterpiece merging both Ancient and modern Juris Prudence into a man-made landscape of fear, servitude and hopelessness.


 


Justice and peace no longer exists on any level, escape can only be achieved by self-annihilation. If one is not guilty they must confesses to unnamed charges thereby conforming to the status quo aggregate group-thought of non-individuals........by confessing to a lie, it is still the death of truth.

 Jurisprudence (Latin jurisprudentia, from jus,”law,” and prudentia,”knowledge”), knowledge of the law and its interpretation, or the science and philosophy of law. In ancient Rome the term was used in the former sense. Those who were so skilled in the law that they could decide a novel or doubtful case were called juris prudentes, whether or not they were judges.

Essential elements/relation that law bears to the social sciences, politics, ethics, and economics; the way in which law originates—in popular customs, judicial usage, and legislation—and the way in which it ceases to exist—by desuetude, change of usage, abrogation, or repeal; its application with reference to persons, time, and place; and the way in which it is enforced.

Jurisprudence formulates legal relations, rights, and duties. ......... It may also attempt to classify all the relations that the law recognizes or creates and which it regulates or orders.

The principal modern schools of jurisprudence are the natural-law school, the analytical school, the historical school, the comparative school, and the sociological school. The first three differ mainly in their views of the nature and origin of law and its relation to ethics.

To the natural-law jurist, law is antecedent to the state; to the analytical jurist, it is the creation of the state; and to the historical jurist, state and law are social products, developing side by side, each influencing the other.

1 -To the natural-law jurist, law is cognizable by pure reason law is applied ethics, and, in the extreme form of the theory, that which is not right is not law.

2 -To the analytical jurist, it is the command of the sovereign power; a law that commands what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political sovereign.To the analytical jurist, customary law, including judicial custom, is an anomaly that should be abolished by covering the whole field of social relations with written codes.

3 - To the historical jurist, it is the formulated wisdom of men and women. The historical jurist accepts this position taken by the analytical school, but points out that it is difficult for a lawmaker to act otherwise than in accord with the contemporary sense of right, and that laws which run counter to that sense are not likely to be enforced. Historical jurisprudence differs from analytical jurisprudence chiefly in emphasizing the great part played by social custom in developing and establishing law.

4. The sociological school of jurisprudence .....Its approach to the analysis of law differs from that of the other schools in that it is concerned less with the nature and origin of law than with its actual functions and end results. The proponents of sociological jurisprudence seek to view law within a broad social context rather than as an isolated phenomenon distinct from and independent of other means of social control. They are concerned with practical improvement of the legal system.



 

 

 

 

 
 

 

 

 

 


 
back to Art Gallery Home Page

artistexpo.com © 1999 PyramidStudios All rights reserved .