FRANZ KAFKA´S CRITIQUE OF LEGAL VIOLENCE

Resumo

The interweaving of Kafka's biography, his legal and his literary work is commonly underestimated, but has to be considered to bring into relief Kafka's concept of law. It is argued that from Kafka's writings we can extract a concept law which is critical of law's link with state power and violence. But Kafka is not a legal nihilist; his work is rich of evidence of his hope for a just and non-violent law. Such a law, it is concluded with reference to Kafka's work, would have to be an ascetic law, result of 1) the overcoming of modern law's subjectivity, 2) the establishment of self-restraint and 3) respect for different forms of law and for singularity.