There is a narrow thread in the vast literature on Kafka which pertains to Kafka’s knowledge of philosophy, and more precisely to Kafka’s use in his fictional writings of some of the main ideas of Franz Brentano. Kafka attended courses in philosophy at the Charles University given by Brentano’s students Anton Marty and Christian von Ehrenfels, and was for several years a member of a discussion-group organized by orthodox adherents of the Brentanian philosophy in Prague. The (...) present essay summarizes what is known about Kafka’s relations to the Brentanist movement. It draws on Brentanian ideas on the evidence of inner perception, on oblique consciousness, on active introspection, on correct and incorrect judgment, and on consciousness as a species of inner tribunal, in order to throw light on central features of Kafka’s writings, including stylistic features. Special attention is directed towards Die Verwandlung and Der Prozess, and a reading of the latter is offered according to which the trial of Joseph K. occurs entirely within the mind of K. himself. The revisions in the 1997 version of the paper relate especially to the treatment of Kafka and Brentano in Arnold Heidsieck’s book The Intellectual Contexts of Kafka’s Fiction: Philosophy, Law, Religion, of 1994. (shrink)

Through an analysis of Kafka's "Before the Law," Vardoulakis considers both various philosophical responses to Kafka's story and philosophical conceptions of the law. In particular, Vardoulakis suggests an affinity between Kafka and Spinoza's conceptions of the law.

It explains the importance of the concept of freedom in Kafka's work.

This essay connects Kafka's German and his Jewish linguistic sources, and explores the trans-national perspective on literary tradition they helped him create. I begin with a critique of Deleuze and Guattari's view of Kafka as a minority writer, showing how their cold war nationalism scants the positive contributions that Yiddish and Hebrew made to his work. I continue with an examination of the "twilight of containment," when this postcontemporary Kafka began to break through his cold war canonization (...) after 1989. Other sections include: "German-Jewish Traditions: The Echoes of Yiddish," on Kafka's cultural politics; "Hebrew: Zionism in a Transnational Key"; and "Goethe's Jewish Voices," on Yiddish as a model for Kafka's new conception of national writing. I conclude by considering the Jewish and other sources of Kafka's "linguistic turn," and the general, transnational focus on tradition that Jewish languages brought to his classic texts. (shrink)

There is a narrow thread in the vast literature on Kafka which pertains to Kafka’s knowledge of philosophy, and more precisely to Kafka’s use in his fictional writings of some of the main ideas of Franz Brentano. Kafka attended courses in philosophy at the Charles University given by Brentano’s students Anton Marty and Christian von Ehrenfels, and was for several years a member of a discussion-group organized by orthodox adherents of the Brentanian philosophy in Prague. The (...) present essay summarizes what is known about Kafka’s relations to the Brentanist movement. It draws on Brentanian ideas on the evidence of inner perception, on oblique consciousness, on active introspection, on correct and incorrect judgment, and on consciousness as a species of inner tribunal, in order to throw light on central features of Kafka’s writings, including stylistic features. Special attention is directed towards Die Verwandlung and Der Prozess, and a reading of the latter is offered according to which the trial of Joseph K. occurs entirely within the mind of K. himself. The revisions in the 1997 version of the paper relate especially to the treatment of Kafka and Brentano in Arnold Heidsieck’s book The Intellectual Contexts of Kafka’s Fiction: Philosophy, Law, Religion of 1994. (shrink)

La literatura de Kafka no es ciertamente complaciente, obliga al lector a releer una y otra vez. El sentido no está dado allí en el texto sino desplazado, porque la única manera que tiene de acontecer es en lo ausente, en lo inacabado. En diálogo con V. Karam, el presente artículo pretende recorrer parte de esa huella, intentando repensar allí la inasibilidad del tiempo, de la ley y de la interpretación.

Kafka’s The Trial describes how K slowly loses his familiar language. He does speak a language but his language becomes monologic towards others and the language of others becomes monologic towards K. There seems to be no other person who, in a private and professional life, can respond to K’s words and gestures in a manner which K can understand. The others embody their own meanings into K’s words. Such meanings only possess value within the discourses of self-styled legal (...) experts and officials who act in K’s name. The officials and experts assume that their own meanings are authoritative. K fails to gain access to their meanings. The question posed by Husserl’s phenomenology of language is ‘why?’ Conklin argues that K’s experiences seem not unlike Lyotard’s sense of a different or ‘untranslatable gap’. K remains on the fringe or outside what the experts take as an authoritative language. As a consequence, K’s experiential body slowly dies. This death paradoxically occurs at the same moments that the experts believe that they are addressing ‘K’s case’. Conklin explains the paradox by retrieving Husserl’s sense of a meaning-conferring act and the failure of K’s meaning-conferring acts from being fulfilled in the language of the legal experts. (shrink)

The aim of this volume is to present Kafka not as a writer, or not only as a writer, but as a philosopher. However, even after narrowing the scope of our interest down, there will still be several Kafka’s left on the table. Themes treated in the volume include: the so-called Brentano School in Prague, Kafka’s affiliation to the Louvre Circle, Kafka and existentialist philosophy, Kafka’s Jewish heritage, his love of Nietzsche and Meister Eckhart and—last (...) but not least, since he was such an exceptional writer—his aesthetics. (shrink)

This essay utilizes the work of the comedy group, Monty Python, as a means of introducing basic concepts in Existentialism, especially as it pertains to the writings of Nietzsche, Sartre, and Camus.

How does it feel to be a worm? No doubt, it feels Kafkaesque. The metamorphosis (1915) is a story of an ordinary man, Gregor Samsa, who wakes up one morning as an ungeheures Ungeziefer or ‘giant vermin’. Is this only a bodily change, or has his mind been transformed as well? And how do the people around him cope with this transformation? In this paper, I am going to examine these issues by using tools from Franz Brentano’s (1838–1917) and Anton (...) Marty’s (1847–1914) philosophy of mind and language. Rumour has it that Kafka’s stories were not only products of his own troubled soul, but were also profoundly influenced by the work of these two philosophers. In my paper, I will cover the following issues: the influence of Franz Brentano on Anton Marty and a fortiori on Franz Kafka (1883–1924), who was Marty’s student in Prague (and in this way, saying something about the School of Brentano); Brentano’s and Marty’s theory of correct and incorrect emotions, and its traces in Kafka’s The metamorphosis; Marty’s philosophy of language and communication as reflected in Kafka’s writings; and Brentano’s reism in comparison to Kafka’s nominalism, on the basis of Roberto Calasso’s interpretation of Kafka. (shrink)

This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without (...) the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space. (shrink)

This study aims to grasp the two distinct artworks one is from the literary field: Penal Colony, written by F. Kafka and the other one is from painting: The Large Glass, designed by M. Duchamp. This text tries to unravel the similarities betwe- en these artworks in terms of two main significations around “The Officer” from Penal Colony and “The Bachelors” from The Large Glass. Because of their vital role on the re-production of status-quo, this text asserts that there (...) is a similarity between them in the name of being part of the dispositions of body and desire. First of all, the text focuses on Penal Colony, especially on “The Officer” in or- der to observe his obsession towards the order that ruled by former and the late officer of colony. Deleuze & Guattari conceptualize it as “abstract-machines” and it refers to a contingent state of being which is produced as an obligatory entity. Besides, The Officers’ application via a “labeling machine” on inmates creates a framewok of a dispositif in Foucauldian terminology. Secondly, it is emphasized that The Bachelors from the Large Glass for his context, due to its reference for the concept of desire and a metaphorical connotation for desire as “cocoa”. The Large Glass is also turn around the dispositif in a different way: love. It is stated that criticizing the love to nowhere which belongs to The Bachelors and it can be found that there is an abstract-machine again in back of this practice and it converts The Bachelors’ energeia to make an apparatus possible and operative. (shrink)

The paper suggests that Kafka's writings offer a conception of freedom that is incompatible with the free will and it is not reducible to either compatibilism or incompatibilism.

Kafka's work provoked more than three decades of interpretations before Wagenbach provided information showing that Kafka was quite familiar with the work of Brentano and his Prague followers, including their unique conceptions of natural law, ethical concepts, and human acquaintance with them. Kafka took a lively interest in discussions in this Prague circle, and The Trial may without violence be read as a deliberate illustration for issues in philosophy of law as they would have been understood within (...) this circle. This does not require that it be read as a reflection of Kafka's personality, nor does it require that he accepted Brentano's views. Wagenbach demonstrated Kafka's familiarity with unique conceptions, in the work of Brentano and his Prague followers, of natural law and ethics. Issues involved in these conceptions are cogently illustrated in The Trial. K. is tried for violating a law which is no positive law but a necessary condition for all positive law since all positive laws imply that they ought to be obeyed. Brentano adamantly rejected all forms of nativism. The opposite of 'natural' in the phrase 'natural law' is not 'acquired' but 'conventional.' Acquaintance with natural norms is entirely acquired: persons having no such acquaintance can exist; K. is such a person. Natural norms, have a cognizable inherent correctness; any other norms oblige only through being authoritatively decreed. Conventional guilt or innocence is subject to influence. K.'s quest for a person to exert such influence on his behalf is evidence of his guilt. K. is unaware that absolute guilt is possible. In the Prometheus myth related by Plato's Protagoras, a sense of justice and right is necessary for politically organized society. Without insight into the natural sanction for correct positive laws, citizens cannot fulfill the duty rationally to choose positive laws: citizens will wrong one another, cities perish, humankind will be threatened. The myth gives important clues to the imagery of the parable "Before the Law." Every authentic act of willing requires that something be desired for its own sake. Since there is a plurality of intrinsic goods, authentic action requires recognizing the chosen action to be better than its alternatives. Acquaintance with good, evil, better, and worse is acquired, Brentano insisted, only by perceiving certain affects to be correct. Like judgments, affects are either blind or evident. Basic moral concepts arise like all others from perception. K. could become innocent by acquiring the lacking concepts. Then, actual acquittal would be just despite his guilt when arrested. His trial tests whether he is likely to experience intrinsically correct emotions. Guilt would be objective, independent of any finding by the Court. K.'s guilt entails his lacking any such concept of absolute guilt. He is convinced that guilt depends entirely on the Court, is altogether a matter of authority. This is K.'s delusion concerning his relation to the Court and the Law, the delusion illustrated by the legend, "Before the Law.". (shrink)

In 'Literature Suspends Death: Sacrifice and Storytelling in Kierkegaard, Kafka and Blanchot' Chris Danta takes Genesis 22 as the starting point for an investigation of the role of literary imagination. His aim is to read the Genesis story from a literary-theoretical perspective in order to show how it can 'illuminate the secular situation of the literary writer.' To do this, Danta stages a fruitful confrontation between Søren Kierkegaard as defender of religion and inwardness and Franz Kafka and Maurice (...) Blanchot as defenders of literature. In this review, three important points in this confrontation are highlighted. 1. The problem of identification. 2. The moment of substitution. 3. The spectrality of the writer. (shrink)

Vardoulakis examines the history of the free will, arguing that there is no necessary connection with the concept of freedom. To illustrate this point, Vardoulakis turns to the stories of Franz Kafka, an author obsessed with narratives that show characters in confinement. However, these situations of confinement are only produced by the comical attempts of the characters to assert their free will.

This essay takes up the significance of Wittgenstein's philosophy for our understanding of literature (and vice versa) through a comparative reading of the stakes and aims of Kafka's and Wittgenstein's respective circa 1922 puzzle texts “Von den Gleichnissen” (“On Parables”) and the Tractatus Logico-Philosophicus. The essay builds upon the so-called resolute program of Wittgenstein interpretation developed by Cora Diamond, James Conant, and others, bringing its insights to bear on Kafka's perplexing work. The essay explores the ethical weight of (...) these two writers' investment in the philosophical depth of riddles, irony, and parabolic and nonsensical expression as unorthodox modes of indirect instruction about ordinary language and world, the yearning for transcendence, and the failure to achieve it. Both demanding works deal with the ethical difference between “getting” the philosophical import of a story or joke and not getting it in the context of an examination of the relationship (or lack thereof) between the activities and difficulties of everyday life, on the one hand, and those of literary expression and/or spiritual or philosophical teaching, on the other. Both strive to open readers to experience — as revealed through everyday language — by leading us beyond the dichotomy of facticity and transcendence, away from the urge to transcend the limits of language, and toward a recognition of the possibility of seeing our ordinary dealing with things as presenting a face of significance that is at once linguistically meaningful and ethically valuable. The central aim of this discussion of Wittgenstein's Tractatus and “Lecture on Ethics” alongside Kafka's parable is to examine the ways in which Wittgenstein's philosophical outlook, writing, and method (shaped by his general attraction to the Book and book writing as well as by his reading of certain works of literature) are deeply relevant to literary studies, and particularly to our understanding of literary modernism. (shrink)

Kafka's literary universe is organized around constellations of imprisonment. Freedom and Confinement in Modernity proposes that imprisonment does not signify a tortured state of the individual in modernity. Rather, it provides a new reading of imprisonment suggesting it allows Kafka to perform a critique of a modernity instead.

My article has tried to present a deep study of the novel Amerika, written by the Prague born writer, Franz Kafka, this being the first of the three novels that this novelist, belonging to the period of the Hitler regime, wrote. Therefore being helplessly relegated to the margin was an idea that was extremely familiar for this Jewish writer who died early due to tuberculosis. The article takes up the issue of marginality and assimilation as it traces closely, the (...) experiences of a very young, and initially naïve protagonist, in the alien continent\country- America. Also examined in the article is the idea of menace which the protagonist sometimes encounters. I have also tried to probe into the psychology of a character, who has been thrown, unprepared, into a new world, that too by way of punishment. (shrink)

Kafka, il potere, la legge e noi. Il potere della legge e la legge del potere smascherati dalle opere e dalla vita di Kafka che diventano messaggero di verità e libertà. Proprio dal fondo più cupo dell'inferno in cui è stata inghiottita l'umanità, rinasce la speranza e la possibilità del vivere e amare. Kafka ci conduce sempre su quel finire della sera che ci accompagna alla nuova alba, dove tutto è sempre e nuovamente possibile.

DESCRIPTION—An essay showing Kafka's The Trial to be written as illustration of an important theory of natural that remains quite unknown all but a very few critics and commentators. CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano's conception of natural law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano's ethical theory a. The empirical origin of the concepts "good" and "better": analogous derivation of "true" (...) b. Evident and blind judgments; evident and blind emotions c. Virtue is unteachable: the point of K.'s Trial d. Guilt and definite acquittal are logically compatible 3. K.'s case on appeal: innocence can be acquired 4. K.'s delusion over guilt: the legend "Before the Law". (shrink)

La vita e l'opera di Kafka come cammino verso la speranza, attraversando le lande disperate del mondo e dell'anima umana. La speranza kafkiana è la lotta contro la menzogna del potere e della della legge, in un percorso che è continuamente alla ricerca della verità e della libertà e che, per questo, non conosce mai un termine.

In this article I present some characteristics of logics and semantics of an uncertain world. I confront two-valued and fuzzy logic. I use Kafka’s novel Process as an example, which is designed as an uncertain context with words which are rigid designators without rigid meaning. That produces an uncertain world of logical and semantical relations. In presentation of problems I introduce basic concepts of Frege’s, Wittgenstein’s, Tarsky’s, Searle’s, Quine’s and Davidson’s philosophy of language. I differ the logical and semantical (...) identification of identity. I differ reference and inference, or representation and identification as two components which are fundamental for the identification of identity. I found this difference on the role of logical unification and granulation of predicates in the structure of thought and semantical unification and granulation of attributes in the structure of statements and their relation to ontology of context. Through the confrontation of the logical and semantical unification and granulation I find that the limits of logic are not also the limits of language. The semantical unification goes over the highest genre and below the lowest species. That enables the extra-logical, non-scientifical, con-fessional, pro-phetical, artistic, and ordinary use of language. (shrink)

This essay is an introduction to a lecture course "Elements of Descriptive Psychology" delivered by Anton Marty in around 1903/04. Marty offered courses on descriptive psychology at regular intervals in the course of his career at the University of Prague. The content of these courses follows closely the ideas of Marty’s teacher Franz Brentano, though with some interesting divergences and extrapolations. The present work is a historical and systematic introduction to an extract from notes taken of Marty’s lecture, with some (...) discussion of the work of Dilthey on similar topics, and of Marty’s influence on Franz Kafka and on the Gestalt psychologist Max Wertheimer. (shrink)

Po-etiche che ci accompagnano. La parola, il linguaggio, l'orrore, la speranza e lo stupore: Paul Celan e Ingeborg Bachmann. La voce, il silenzio, la libertà e il linguaggio: dall'arbitrio originario a Emily Dickinson e oltre. Percorsi etici e poetici: da Spinoza a Kafka, passando per P. Ricoeur e fino a Elizabeth Bishop, Marianne Moore, Margherita Guidacci, Nadine Gordimer e Bianca Maria Frabotta .

There is congruence between Nietzsche’s philosophy of life and the biopolitical philosophy of Giorgio Agamben. For both philosophers the human animal possesses a divided relationship to its being alive. For both philosophers this division is of a political nature, such that membership in political community as we know it is conditional on the human animal’s alienation from its biological being. Both philosophers are also concerned with the possibility of transformation and, because of the connection they establish between politics and animality, (...) link this possibility to a change in the relationship between humans and their being alive. Yet both philosophers end up with an entirely different understanding of the nature of this change, and of its potential scope. This paper is an attempt at clarifying this disagreement between Nietzsche and Agamben, and with using it to come to a better understanding of the latter’s political ontology. It presents a reading of Kafka’s “The Burrow” in an attempt to show how Agamben’s concept of the anthropological machine challenges the Nietzschean program of the affirmation of life as will to power. (shrink)

The received view about rationalizing explanations divides our psychological status into two kinds: beliefs and desires. In *The Retrieval of Ethics*, Talbot Brewer makes a case against this view. In this paper, I examine our experience as readers of *The Castle* by Franz Kafka to support Brewer's critical program, that is, his challenge to the received view. I will argue, however, that a proper analysis of this experience poses a serious problem to Brewer's alternative approach, that is, to his (...) attempt to retrieve our agency thanks to a proper understanding of the role of the good in rationalizing explanations. (shrink)

In hyper-modern society, food has become a source of endemic discontent. Many food products are seen as ‘tainted’; literally, figuratively or both. A psychoanalytic approach, I will argue, may help us to come to terms with our alimentary predicaments. What I envision is a ‘depth ethics’ focusing on some of the latent tensions, conflicts and ambiguities at work in the current food debate. First, I will outline some promising leads provided by two prominent psychoanalytic authors, namely Sigmund Freud and Jacques (...) Lacan. Subsequently, I will elucidate why our chronic dependency on high-tech food production apparently fails to meet consumer needs, focusing on some scenarios of escape, such as anorexia, cultured meat and ersatz food. And I will use ‘genres of the imagination’ to flesh out how food consumption has become a podium for enacting cultural symptoms, moral outcries, provocative identities and practices of the Self. Notably, I will discuss a story by Franz Kafka, a painting by Pablo Picasso and a food novel by Margaret Atwood. (shrink)

his study explores Pynchon’s mammoth novel, Against the Day, in terms of the minor practice of language as proposed by Deleuze and Guattari in their book Kafka: Toward a Minor Literature, which opens up new possibilities for literary criticism. With his idiosyncratic, intensive, and inventive practice of language, Pynchon shatters the already existing notions of appropriate and homogenizing forms of major language. The novel demystifies the language’s institutionalized system of signification and defies identifiable decipherable meaning in many ways, such (...) as covert and overt deterritorialization of language, escape from “territorial” and “representational” language, defiance of signification, neutralization of sense, asyntactical language, phantasmagorical and absurd tales, quizzical jokes, silly songs, and asubjective free indirect narration. Against the Day’s practice of language prefers the territory of asubjective insignification to subjective, symbolic, and signifying usage of language so as to dismantle the territory of representation; thus, it pushes the major language towards or even out of its limits. (shrink)

In this article I present some characteristics of logics and semantics of an uncertain world. I confront two-valued and fuzzy logic. I use Kafka’s novel Process as an example, which is designed as an uncertain context with words which are rigid designators without rigid meaning. That produces an uncertain world of logical and semantical relations. In presentation of problems I introduce basic concepts of Frege’s, Wittgenstein’s, Tarsky’s, Searle’s, Quine’s and Davidson’s philosophy of language. I differ the logical and semantical (...) identification of identity. I differ reference and inference, or representation and identification as two components which are fundamental for the identification of identity. I found this difference on the role of logical unification and granulation of predicates in the structure of thought and semantical unification and granulation of attributes in the structure of statements and their relation to ontology of context. Through the confrontation of the logical and semantical unification and granulation I find that the limits of logic are not also the limits of language. The semantical unification goes over the highest genre and below the lowest species. That enables the extra-logical, non-scientifical, con-fessional, pro-phetical, artistic, and ordinary use of language. (shrink)

Blanchot’s rejection of vision as the fundamental philosophical metaphor is well known: “Seeing is not speaking” 25). Furthermore, his central idea of the limit-experience is a “detour from everything visible and invisible”. As part of his Heideggerian heritage, the increased importance of hearing lacks the critical appraisal it deserves. Pari passu for voice. Blanchot’s investigation of voice, spoken, interior, literary, is extensive. Various works of fiction, notably The One Who Was Standing Apart From Me, explore the meme, which is intensified (...) in critical essays on Hölderlin, Kafka, Rilke, and Valéry, where the voice’s musicality is given to performance. The studies exemplify the operation of “pure voice,” voice no longer in relation to and under the constraints of the interlocutor: its rhythm, tempo, and melody. His clearest, though lapidary, remarks on voice appear in disc... (shrink)

Nadie sabe lo que quiere la Justicia porque la justicia no se deja escribir. Cuando digo escribir, digo instituir. La Justicia no se deja instituir. Con ello debe lidiar la actividad judicial, con el límite mismo, con la propia imposibilidad. Límite que exhibe oculto que hay algo allí que no hace cuerpo. Que hay algo que el orden de lo simbólico no logra apresar. Legendre decía: en occidente, instituir es escribir. Instituir a los hombres es ante todo, escribirlos, inscribirlos, ¿marcar (...) sus cuerpos? Kafka lo sabía bien. La democracia enfrenta también un desafío similar: asumir que el signo de lo ilimitado la acompaña en el regazo mismo que la dialéctica de la modernidad le ofrece. Los escritores, señala Milner, han descripto lo ilimitado para condenar sus consecuencias y sustraerse a ellas, como el caso de Rousseau, o para constatarlas y combatirlas mediante estrategias de inversión, de Baudelaire a Brecht.Arrasar con la diferencia es no soportar el límite, aquello que hace borde, aquello que no se deja decir. En otras palabras no aceptar la falta en el lenguaje. El presente trabajo pretende mostrar que es, precisamente, el punto de cruce que constituye el límite mismo, el lugar que aloja un encuentro posible entre justicia y democratización. El límite, lejos de clausurar, posibilita aquel enlace, lo augura. Es a nivel del lenguaje que esta relación requiere ser situada. Democratizar la lengua supone horizontalizarla, en otras palabras, abogar por la apertura y circulación del sentido. Son las teorías críticas del derecho las que aportan las herramientas necesarias para pensar esta articulación. Como señala Cárcova, es en el campo del sentido en donde el derecho adquiere su especificidad y produce los efectos que le son propios. Profundizar la democracia desde el campo jurídico exige, ante todo, democratizar al derecho mismo. (shrink)

My essay will take as its point of departure the paragraph from Gershom Scholem’s “Reflections on Jewish Theology,” in which he depicts the modern religious experience as the one of the "void of God" or as "pious atheism". I will first argue that the "void of God" cannot be reduced to atheistic non-belief in the presence of God. Then, I will demonstrate the further development of the Scholemian notion of the ‘pious atheism’ in Derrida, especially in his Lurianic treatment of (...) Angelus Silesius, whose modern mysticism emerges in Derrida’s reading as the ‘almost-atheism’. The interesting feature of this development is that, while for Scholem, the ‘void of God’ is a predominantly negative experience, for Derrida, it becomes an affirmative model of modern – not just Jewish, but more generally, Abrahamic – religiosity which, on the one hand, touches upon atheistic non-belief in the divine presence here and now, yet, on the other, still insists on commemorating the ‘withdrawn God’ through his ‘traces.’ What, therefore, for Scholem, constitutes the ultimate cry of despair, best embodied in Kafka’s work – for Derrida, reveals the more positive face of the modern predicament in which God has absented himself in order to make room for the creaturely reality. And while Scholem envisages redemption as the full restoration of the divine presence – Derrida redefines redemption as the ‘pious’ work of deconstruction to be undertaken in the ‘almost-atheistic’ condition of irreversible separation between God and the world. (shrink)

Aida Míguez Barciela explora la literatura evocando a la vez problemas fundamentales en la historia de la filosofía: los límites de la razón en la interpretación de Swift, la relación del capital y la moral en las novelas de Balzac y Defoe, la cuestión de la libertad del individuo en las lecturas de Kafka y Henry James, así como el problema del arte y la vida en Thomas Mann y Yourcenar. Con un estilo personal y al margen tanto de (...) los trabajos puramente académicos como de la crítica literaria más convencional, "Cuando los pájaros cantan en griego" incluye también ensayos sobre Virginia Woolf y Jane Austen, Melville y Mishima, Tolstói y los poemas homéricos, así como sobre otros autores que solemos considerar «clásicos». (shrink)

This essay considers the relation between Don Quixote's hunger and the disenchantment (Entzauberung) that Max Weber understood as paradigmatic of the modern condition. Whereas hunger functions within a Hegelian dialectic of desire in Cervantes' novel, literary representations of hunger from later periods (in Kafka and post-Holocaust Polish poetry) acknowledge the cosmic insignificance of human need by substituting the desire for recognition with a desire for self-abdication. While Don Quixote's hunger drives him to seek recognition for his dream world, modern (...) literature's hungry heroes respond to hunger by changing their metaphysical identities. Like desire, hunger functions in the literatures of modernity as an index of psychic wholeness or of its lack, both enabling and resisting the hero's assimilation with the world outside the self. (shrink)

In this paper, I would like to show how the movements of never stable meanings that link biography and religion are figured and interwoven throughout a kind of ineffable literary and philosophical notion of religion. Religion is a notion that can be understood through a cluster of topics such as origin, promise, dissociation, the unconditional, forgiveness, the undeconstructable and the possibility of the impossible—terms and expressions that Derrida suggests describe God.

Etiche e poetiche negli arcipelaghi della forza. 1) Dall'etica spinoziana alle dissavventure del sé narrante. 2) Dalle scritture/letture alle controtestualità. 3) Dalle controtestualità alla disperazione kafkiana. 4) E per finire al potere, alla legge e alla speranza in Kafka.

We subsist under the law where we claim our rights and are obliged to do something enforced. What is a law? The question would be perplexing in history, and one of crucial themes with many lawyers or legal philosophers. As we know, two most important perspectives had earned a universal and historical forge in academics, to say, the natural law and legal positivism. The concept of natural law deals in its primacy for the humanity and natural order which often can (...) be traded as something inviolable or inalienable. The concept has strands in several aspects; (i) its anchor with the civil democratic revolution around 17 and 18 centuries (ii) its supremacy with the new constitutional states (iii) less quality as a realist law from ambiguities and lack of clear definition. The concept of public policy may be related with the social justice, ethics and administration. It generally pursues a justice and desired state of public or community where the tension and conflict always exist between the ruling class and citizens. Historically, the public policy could be mightier to address the society than law where the benevolent Kings or Sovereigns liked to address both their needs and social justice. They may abrogate, more in endowment and divinity, the laws or social customs. The tension between the public power and private interests could be one reason as well as offers a good dualism in understanding the rule of law concept and advent of modern democracy. In this dimension, the King would no longer be divine nor entitled to exercise a plenary power of state rule. Instead, the popular sovereignty in the US democracy or parliamentary type in the UK were to be established to resolve a feudal conflict within the class and society. Lighted to be in vein of influence could arise the two contexts which are a contractarian view and plutocracy desire of the founding fathers. They underlay the mood and philosophical ethos of US revolution. Hence, three concepts as a pillar in private law were sanctified in the very foundation of US constitutional state, sanctity of property right, freedom of contract and due limits for the civil liability. The governmental power should be limited to protect the life and limb of citizens which addressed the Hobbes’ evil, “war against all the rest.” The due process concept was expressed as a fundamental principle of constitution where the human rights are inviolable and inalienable. The separation of powers principle could serve the freedom and wealth of new civil class in the continent, and bicameralism was devised for the check and balance within the federal congress. They see the role of judicial branch is important to preserve their civil interest. Then we can derive some assumptions between the law and public policy. First, a law plays to protect the private interest while the public policy pursues the social justice and mediates the competing interests, “private v. private” and “public v. private.” The civil courts may address a first nature of conflict and the law of takings or regulatory laws may deal with the second aspect. Second, the public or administrative law can shape a legal plane of bureaucracies or public administration, and may guarantee the rule of law ideals. It plays as an enabling authority and, on the other, monitors an arbitrariness and unfairness in the bureaucratic government. In this context, the unresponsive and unfathomable bureaucracy in the Kafka’s could be remedied. Third, for the welfare state in the late 19th and 20th century, a law can well be seen as one of authoritative expression of public policy to redress the evils of capitalist states. Some public laws, such as the Sherman Act classically and Lanham Act recently, may act to regulate the monopoly or oligopoly while other laws were enacted to restore justice between the labor and employers. Through the chapters, the fundamentals of law and public policy will be considered to address their proper status. (shrink)

Etiche e poetiche negli arcipelaghi della forza. Dall'etica spinoziana alle dissavventure del sé narrante. Dalle scritture/letture alle controtestualità. Dalle controtestualità alla disperazione kafkiana. E per finire al potere, alla legge e alla speranza in Kafka.

Sentieri etici e poetici tra Paul Celan, Ingeborg Bachmann, Emily Dickinson, Franz Kafka e altri ancora.

La Botella de Klein es una figura topológica no orientable que no posee exterior ni interior. Es una superficie que implica un autoatravesamiento: la torsión que conlleva hace que los giros que la rodean se in-viertan después de dar la primera vuelta. Su construcción se gesta a partir de dos bandas de Moebius de torsión diferente pegadas en su borde. Como el sin-fin de las mil y una noches o la escena dentro de la escena, el trazado topológico de la (...) Botella de Klein reabre el enlace de una infinita interrogación: ¿Hay un afuera y un adentro en la interpretación jurídica? Si – como señala Cárcova- un razonable equilibrio permite superar la pretensión de un sentido último y definitivo en hechos y normas sin que ello importe decantar en un radical escepticismo, ¿cuál es el recorrido de esta multiplicidad? ¿Es esta errancia una migración sin orden, o por el contrario -como en los cuentos de Kafka- la apuesta por el desplazamiento del sentido nos habla de la ausencia como posibilidad? El presente trabajo pretende recorrer parte de esta huella inscribiéndose en el marco de una profunda convicción: el derecho merece la posibilidad de su resignificación. Nuevas topologías pueden ciertamente contribuir a este desafío. Desafío que nos interroga como operadores jurídicos pero fundamentalmente nos interroga como comunidad. -/- . (shrink)

Acquired Innocence. The Law, the Charge, and K.’s Trial: Franz Kafka and Franz Brentano <This essay is a slightly revised English version of “Das Gesetz, die Anklage und K..s Prozess: Franz Kafka und Franz Brentano” in Jahrbuch der deutschen Schillergesellschaft 24 (1980) 333-356. The approximate pagination for the German publication is given in angle brackets within the text> CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano’s conception of natural (...) law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano’s ethical theory a. The empirical origin of the concepts “good” and “better”: analogous derivation of “true” 18 b. Evident and blind judgments; evident and blind emotions c. Virtue is unteachable: the point of K.’s Trial d. Guilt and definite acquittal are logically compatible 3. K.’s case on appeal: innocence can be acquired 4. K.’s delusion over guilt: the legend “Before the Law” 27 . (shrink)

Saggio contenuto nel volume: AA.VV. Di stelle, atomi e poemi. Verso la physis, a cura di Enrico Giannetto, Aracne, Roma 2018. Trascrizione ed ampliamento di una conferenza pronunciata in occasione del "Seminario Deleuziano" organizzato dalla prof.ssa Daniela Angelucci e svoltosi il 28 Settembre 2017 presso l'Università degli Studi Roma Tre.