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Free «The Trial, Franz Kafka» Essay Sample

The author of The Trial, Franz Kafka, was a Jew residing in Czech Republic. He is well-known as one of the most successful expressionist and author of this book. It is clear that The Trial vividly expresses the plight of a man frustrated, cajoled and oppressed by an authoritative government. The persona in this book suffers from anxiety due to his arrest and trial without his awareness of his wrong deeds that warranted his arrest. As a result this essay aims at debunking the inter-relationship between people living in the United States and the governing statutory rules and regulations. It will use Franz Kafka’s book The Trial as a case study.  It is clear that every society on earth has a legal system that governs interaction between the society members and the government. However, these legal systems differ from one society to another. Each society tailors its own rules and regulations to fit its uniqueness. These rules and regulations help to perpetuate harmonious existence of its members. Therefore, this essay will check the relationship between political, legal, economic and social systems. It will study the roles that the American law plays in fortifying the American legal system. This will help to demystify how law supports, shapes and responds to social disorders in the American society. 

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Relationship between Legal, Social, Economic and Political Development

The continued survival of a state requires a well embodied legal system. This is because it is a common trait in any country. Law in a state delineates the core values of a society and it represents the interests of all community members. Law is deeply implicated in the economic, political and social facets of the state. The legal system of a country affects its economic development. This is because the legal system has direct implications on the physical and human capital accumulation in the country. This is articulated on the fact that a better legal system advocates for fair allocation of resources in the political developments of a country. As a result the total production levels of the country rise. Therefore, the legal system in a state has significant and sizeable impact on its political developments. This also means that the legal system has direct and proportionate relationship with social development. This is because it ensures equitable redistribution of social income that funds desirable social outcomes. However, according to Franz Kafka, the relationship between the social and legal fraternity is tense. This attributed to lack of communication between the two factions. He notes that the government is oppressive. It uses its bureaucratic machinery to cajole ordinary citizens. For instance, in his novel, The Trial, he brings out the merciless and unforgivable effects of law when he narrates about arrest and trial of Joseph K. without being told his wrongdoings. This character is later killed in cold blood. This brings the autocracy in the political sphere as uses its powers to arbitrarily scrutinise the destiny of a person justly or unjustly without offering him or her alternative. Therefore, the legal system in a state can either be used to perpetuate the well-being of the society or to cajole it and deprive it the liberty to devise its own destiny.

 
 
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Underpinnings and Merits of the American Law and Legal System

The legal underpinning of the American law and legal system duly lays its foundation on the democratic political fundamentalism of the country.  It is clear that the America founded its laws on horizontal and vertical dimensions. The vertical dimension has the statutory rules and regulations passed by the federal authority, state and other relevant concurrent authorities. These organisations formulate laws that cover issues such as patents, profit-splitting and pension laws. The state formulates laws that deal with business contracts and associations. The mandate of concurrent authorities is to constitute security, tax and employment laws. On the other hand, the horizontal dimension of law formulation in the United States deals with separating power in the different branches of a legitimate government. It creates the executive, the legislative and judicial branches of the government.  This makes the United States judicial system complex. However, it has many merits. This legal system allows all people regardless of their social or economic status to have fair trial. It also empowers to sue anyone for a wrong-doing without prejudice. The court system’s complexity also makes it capable of serving the millions of Americans in the vast country equally. It achieves this effectiveness through its extensive court network and differentiation in the court types available to handle different types of litigation cases.

Laws in All Aspects of Human Lives

In his book, The Trial, Franz Kafka significantly brings out the effects of laws in people’s lives. He notes that governments are ostensibly mandated with ensuring that the states have laws governing it. However, these laws are often used unfairly by tyrants to oppress the ordinary person in the state. Therefore, Kafka wittingly or unwittingly knows that laws affect our everyday lives. It is clear that every society has a set of complex of laws that govern its very cradle to the working area and safety rules. For instance, any community requires that its workers be safe when they are working. Consequently, there are laws that outline the minimal safety requirements that a working environment must meet before it begins its operation. Rules also regulate the society’s leisure pursuits. For instance, laws prohibit driving after taking alcohol. Rules also govern personal relationships. For instance, it is illegal for close relatives to marry. This proves that laws are inevitable in the society. They affect the everyday life of all humans. These rules outline the community’s opinion of proper behaviour appreciated by all members of the society. It depicts the ideals of a peaceful community, one that adores order in all aspects.

   

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