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eBook details

• Title: An Examination Into the Influence of Franz Kafka on American Jurisprudence
• Author : The Journal Jurisprudence
• Release Date : January 01, 2009
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 89 KB

Description

This paper seeks to explore and explain some of the key ways in which judicial opinions in the United States cite the works of the 20th century author Franz Kafka. A Westlaw search shows that the name "Franz Kafka" appears in 54 federal and state court opinions. "Kafkaesque" is used in 363 federal and state court opinions. "The Trial" appears in 207 cases in the same paragraph as "Kafka." There are two principal contexts in which Kafka is used in judicial opinions. It should be noted that these contexts often blend together and are not necessarily distinguishable. The first context involves any deprivation of due process. In such cases, Kafka's novel The Trial is cited, too, and a circumstance of the main character, Joseph K., is usually compared analogously to the situation of the individual who is deprived of due process. These cases may involve police or government abuse of an individual's civil rights, or a violation of the rules of court.

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