Constitutional Rights – The Trial by Franz Kafka
Introduction
The Trial by Franz Kafka is considered to be a narrative that details the arrest, trial and execution of Joseph K, the protagonist of the novel, who plays the role of the chief clerk of a major bank. The novel prompts contemplation on the correlation between law and justice. Imperatively, laws ought to be equitable and just. In the event that there is an unfair regulation or rule, it is expected that measures will be undertaken to ensure that this is upturned by entreating to higher principles of justice. For instance, inequitable laws such as discrimination and racial exclusion and apartheid were appealed against to greater principles of justice to eradicate such practices, which was attained. In the book, Kafka lays emphasis on the significance of distinctive right when an individual is accused of a trial. The main objective of this research paper is to delineate the rights that are guaranteed to each and every individual under the United States Constitution that were lacking and not perceptible in the novel. The paper will also detail how such rights facilitate a democratic society and how they are necessary in attaining a just social order.
One of the rights guaranteed in the US constitution that were not in the novels is the Fourth Amendment, which specifically disallows unreasoning searches and seizures. Specifically, the law sets the necessities for issuing warrants that are approved by a judge and that include a sensible probable cause and also specifically delineate the place being searched and the individual being seized. This right was not accorded to Joseph K. Notably, devoid of not having committed any wrong deed, K was seized and detained by two undisclosed men (Kafka, p. 5). Furthermore, Joseph K was just informed regarding the arrest devoid of his charges being revealed as well as who the mean arresting him were and what authority they stood for or worked on behalf of (pp 6 – 7). Significantly unlike the normal kind of arrests, this arrest hampered the individual from undertaking his own business. Without a doubt, this right guarantees a free and democratic society. It signifies a fundamental right of an individual that is accused of wrongdoing and transgression from a legal perspective. It helps to protect the rights of the citizens and their sense of privilege, signifying the intelligence of the framers in comprehending that...…knowing the reason and also being innocent (p 103 – 104). This calls for a democratic society in the sense that a crime that is committed should be afforded punishment that is suitable to such a crime.
Conclusion
The conception that all human beings are equal and ought to be accorded similar rights and liberties is written down in the United States document. These rules and regulations are what clearly set out a democratic society. The Trial by Franz Kafka presents an allegorical and symbolic perspective on law as well as how the justice system can be bombarded by bureaucracy. In the novel it is perceptible that there are rights denied to the protagonist, Joseph K. These include the Fourth, Fifth, Sixth and Eight Amendments. Specifically, the protagonist in the novel ends up being arrested and seized and also undergoes a trial, but there lacks precise information concerning the reason for such seizure and also what he is accused of. This indicates in a substantial manner just how the lack of the application of such rights results in a society that is undemocratic failing to guarantee the general public their deserved liberties and privileges.
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References
Cornell Law School. (2018). U.S Constitution. New York: Legal Information Institute.
Kafka, F. (2005). The Trial. US: Vintage Books.
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