The Trial is actually closer to reality than fantasy as far as the client’s perception of the system. It’s supposed to be a fantastic allegory, but it’s reality. It’s very important that lawyers read it and understand this.” Justice Anthony Kennedy famously offered this assessment of the Kafkaesque character of the American criminal justice system in 1993. While Kafka’s vision of the “Law” in The Trial appears at first glance to be the antithesis of modern American legal practice, might the characteristics of this strange and arbitrary system allow us to identify features of our own system that show signs of becoming similarly nightmarish? With Kafka’s Law, Robert P. Burns shows how The Trial provides an uncanny lens through which to consider flaws in the American criminal justice system today. Burns begins with the story, at once funny and grim, of Josef K., caught in the Law’s grip and then crushed by it. Laying out the features of the Law that eventually destroy K., Burns argues that the American criminal justice system has taken on many of these same features. In the overwhelming majority of contemporary cases, police interrogation is followed by a plea bargain, in which the court’s only function is to set a largely predetermined sentence for an individual already presumed guilty. Like Kafka’s nightmarish vision, much of American criminal law and procedure has become unknowable, ubiquitous, and bureaucratic. It, too, has come to rely on deception in dealing with suspects and jurors, to limit the role of defense, and to increasingly dispense justice without the protection of formal procedures. But, while Kennedy may be correct in his grim assessment, a remedy is available in the tradition of trial by jury, and Burns concludes by convincingly arguing for its return to a more central place in American criminal justice.

Franz Kafka: The Office Writings brings together, for the first time in English, Kafka's most interesting professional writings, composed during his years as a high-ranking lawyer with the largest Workmen's Accident Insurance Institute in the Czech Lands of the Austro-Hungarian Empire. Franz Kafka (1883-1924) is commonly recognized as the greatest German prose writer of the twentieth century. It is less well known that he had an established legal career. Kafka's briefs reveal him to be a canny bureaucrat, sharp litigator, and innovative thinker on the social, political, and legal issues of his time. His official preoccupations inspired many of the themes and strategies of the novels and stories he wrote at night. These documents include articles on workmen's compensation and workplace safety; appeals for the founding of a psychiatric hospital for shell-shocked veterans; and letters arguing relentlessly for a salary adequate to his merit. In adjudicating disputes, promoting legislative programs, and investigating workplace sites, Kafka's writings teem with details about the bureaucracy and technology of his day, such as spa elevators in Marienbad, the challenge of the automobile, and the perils of excavating in quarries while drunk. Beautifully translated, with valuable commentary by two of the world's leading Kafka scholars and one of America's most eminent civil rights lawyers, the documents cast rich light on the man and the writer and offer new insights to lovers of Kafka's novels and stories.

In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.

The giant of Ljubljana marshals some of the greatest thinkers of our age in support of a dazzling re-evaluation of Jacques Lacan.

Anyone who has sat on a jury or followed a high-profile trial on television usually comes to the realization that a trial, particularly a criminal trial, is really a performance. Verdicts seem determined as much by which lawyer can best connect with the hearts and minds of the jurors as by what the evidence might suggest. In this celebration of the American trial as a great cultural achievement, Robert Burns, a trial lawyer and a trained philosopher, explores how these legal proceedings bring about justice. The trial, he reminds us, is not confined to the impartial application of legal rules to factual findings. Burns depicts the trial as an institution employing its own language and styles of performance that elevate the understanding of decision-makers, bringing them in contact with moral sources beyond the limits of law. Burns explores the rich narrative structure of the trial, beginning with the lawyers' opening statements, which establish opposing moral frameworks in which to interpret the evidence. In the succession of witnesses, stories compete and are held in tension. At some point during the performance, a sense of the right thing to do arises among the jurors. How this happens is at the core of Burns's investigation, which draws on careful descriptions of what trial lawyers do, the rules governing their actions, interpretations of actual trial material, social science findings, and a broad philosophical and political appreciation of the trial as a unique vehicle of American self-government.

From the acclaimed author of The Jew in the Lotus comes an "engrossing and wonderful book" (The Washington Times) about the unexpected connections between Franz Kafka and Hasidic master Rabbi Nachman of Bratslav—and the significant role played by the imagination in the Jewish spiritual experience. Rodger Kamenetz has long been fascinated by the mystical tales of the Hasidic master Rabbi Nachman of Bratslav. And for many years he has taught a course in Prague on Franz Kafka. The more he thought about their lives and writings, the more aware he became of unexpected connections between them. Kafka was a secular artist fascinated by Jewish mysticism, and Rabbi Nachman was a religious mystic who used storytelling to reach out to secular Jews. Both men died close to age forty of tuberculosis. Both invented new forms of storytelling that explore the search for meaning in an illogical, unjust world. Both gained prominence with the posthumous publication of their writing. And both left strict instructions at the end of their lives that their unpublished books be burnt. Kamenetz takes his ideas on the road, traveling to Kafka’s birthplace in Prague and participating in the pilgrimage to Uman, the burial site of Rabbi Nachman visited by thousands of Jews every Jewish new year. He discusses the hallucinatory intensity of their visions and offers a rich analysis of Nachman’s and Kafka’s major works, revealing uncanny similarities in the inner lives of these two troubled and beloved figures, whose creative and religious struggles have much to teach us about the Jewish spiritual experience.

Part of the Legend Classics series It's only because of their stupidity that they're able to be so sure of themselves. A novel of such ambiguity will inevitably lend itself to a diversity of interpretation, but in The Trial you can at least be sure to find every element of storytelling now defined as Kafkaesque. Josef K., our protagonist, is unexpectedly arrested on the morning of his thirtieth birthday. The agents who arrest him are unidentified, the agency they work for is unspecified, and the crime for which he has been accused is unknown. When he is released, shortly after, he is told to await further instruction. So begins the manic and emotionless trial of a man beholden to the whims of an unknown force, and his painstaking attempts to find a way out of this existential maze. The Trial brings into focus the absurdity of life, our universal fear of judgement, and one ultimate question: how much of this endless maze will you explore before you accept the fate life has bestowed upon you? The Legend Classics series: Around the World in Eighty Days The Adventures of Huckleberry Finn The Importance of Being Earnest Alice's Adventures in Wonderland The Metamorphosis The Railway Children The Hound of the Baskervilles Frankenstein Wuthering Heights Three Men in a Boat The Time Machine Little Women Anne of Green Gables The Jungle Book The Yellow Wallpaper and Other Stories Dracula A Study in Scarlet Leaves of Grass The Secret Garden The War of the Worlds A Christmas Carol Strange Case of Dr Jekyll and Mr Hyde Heart of Darkness The Scarlet Letter This Side of Paradise Oliver Twist The Picture of Dorian Gray Treasure Island The Turn of the Screw The Adventures of Tom Sawyer Emma The Trial A Selection of Short Stories by Edgar Allan Poe Grimm Fairy Tales