Law and Literature
The Trial by Franz Kafka
1) The book cover notes that Kafka was born to Jewish parents in Eastern Europe. Given the
political turmoil that swept the region shortly after the book's writing, what do you think of
Kafka's choice not to disclose the nature of the crime for which K. was accused? Might it speak
to the to the wanton nature of much punishment during that time?
2) How does K.'s relative isolation/detachment impact other aspects of the novel? Does it affect
his legal proceedings in any way?
3) On page 146, the priest says to K.: "You fool yourself in the court. It talks about this selfdeceit in the opening paragraphs to the law." Is this an accurate characterization? Does K. in fact
deceive himself throughout the course of the novel?
1. Why does K. say "Like a Dog" when he gets killed? It's not as if a whole lot of dogs die of
murder by stab wound.
2. Why does K. sabotage his case by becoming involved with Leni?
3. What does the priest's fable mean?
1) Do you think that K. actually had a guess as to what he was being prosecuted for?
2) Do you think K. actually broke any laws or do you think the charge was arbitrary?
3) Do you think Kafka intended for K. to represent himself?
1. Why do you think so many of the female characters throw themselves at K.? For that matter,
why are they all poor working women?
2. What's the significance of the court being held in such economically poor locations? Why do
you think Kafka chose to hold Court in someone's back room rather than in an ivory tower with
say, a maze in front to reach it?
3. Why do you think the novel only takes place over a year of K.'s life, rather than five years
like Block's case? Many court cases last much longer than a year. Is this specific time period a
possible indicator of what K. has been accused of? Or do you think we can even speculate on
that?
1) The author never finished this work. In what way would it have been different had he
finished it?
2) Many authors around this time were responding to prior developments in literature and
politics; what did Kafka intend to convey with the dystopian nature of the setting?
3) Why does K respond the way he does when the two agents show up at his house at the end of
the book?
1.
Why do you think the nature of the main character's crime is not revealed?
2.
Why do you think Josef K. is allowed to go home after his arrest and court proceedings?
3.
Why do you think the author made the verdict of "guilty" inevitable?
1.
What is the author's purpose in abbreviating the main character's name to "K"?
2. Do you find K.'s impulsive interactions with women he encounters shocking? What do you
suppose these instances are a result of?
3. Is there any aspect of the government in The Trial that reflects part of the American justice
system?
1. In what way does Kafka‟s “justice system” crystallize the importance of Due Process afforded
to the accused in the U.S. justice system?
2. What is Kafka saying about lawyers when using them as an example (Herr Huld) of the
answer to Joseph‟s issues and the impediment.
3. In view of the book‟s abrupt outcome, what is Kafka attempting to present to the reader in
regard to the theme of hope?
1) Why do you think the crime that K. is prosecuted for is never revealed?
2) Which character has the most signifiant impact on K. and his plan to see his case come to a
close?
3) What aspects of The Trial make it relevant today?
1. How is Joseph's plight and that of Tom Robinson's in Mockingbird similar? How are they
different?
2. Why does Joseph finally accept what is going to happen to him? Does he actually accept it?
3. Why does Kafka choose to isolate Joseph from any friends or family willing to help him?
1. Josef K. doesn‟t take his “arrest” or “hearings” seriously and in fact considers them at
various points to be a “joke” or a waste of time. Is this response appropriate to the circumstances
surrounding these actions?
2. Without any charges, and without any knowledge as to the reasons, guards are sent to “arrest”
Mr. K. in his home. Do you think that police officers or other officials would ever actually
behave that way? Why or why not?
3. What effect does the author achieve by leaving readers “in the dark” as to the charges or
complaints against K. and the overall working of the legal system in which his „trial‟ takes
place?
1. The translator notes that "The Trial begins as farce and ends in tragedy." Does this
progression seem intentional or reflective of the unfinished nature of the work? That is, did
Kafka intend a dual message or did his message change as the story progressed?
2. Why do some characters have last names when the main character does not?
3. What effect is provided by the merging of legal and religious allusions in the Cathedral
scene? Consider, for example, the discussion of judgment, gatekeeping, and general guilt /
original sin.
1) Discuss the extent to which K. believes that he is guilty.
2) Discuss possible reasons why Kafka named the main character Joseph K. but chose to give
other characters a last name.
3) What is the significance of K.s relationships with the various women in the novel? Discuss
how the women and relationships affected him.
1. Given the little information that is provided about the court and legal system faced by Josef
K., which character do you think has the greatest insight into actual workings of the court and
judges?
2. What is the role of the lawyer, Dr. Huld? Is he created to reflect a certain opinion on lawyers
generally, or is he merely another mechanism of illusory justice?
3. Do you think the time (pre-WWII) and Kafka's religious affiliation (Jewish) colors the story
in any way?
1.
How did you perceive Joseph K's character? (i.e. Did you find him likable?)
2. Why do you think the author named him Joseph K, but gave the other characters full last
names?
3. If you were in Joseph K's place, what action would you take to exonerate yourself?