Kafka and Kelsen

This paper examines the affinities between Franz Kafka and Hans Kelsen, focusing on their shared critique of ideology and the dynamics of law and authority. Through an analysis of The Trial and Kelsen’s Pure Theory of Law, it highlights their mutual engagement with the paradox of law as simultaneously omnipresent and unattainable. Particular attention is given to their rhetorical strategies such as humour and metaphors which illuminate their critical stance toward the reification of law. Kafka’s literary critique of legal absurdity parallels Kelsen’s efforts to expose the ideological underpinnings of legal structures. The paper analyses the proximity between these two figures, showing how their distinct methods converge on a shared concern with law’s legitimacy, form, and ideological function. By juxtaposing their works, it offers a nuanced, emancipatory critique of legal systems that balances authority with individual freedom

Legal history · Legal practice · Legislation · Politics · Franz Kafka Literary Studies · Samuel Beckett and Modernism · Walter Benjamin Studies Compilation