The Film the Trial as Example of Illogical Court Proceedings: What Makes a Legal System Fair or Unfair?

Published: 2021-06-29 07:11:39
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The Film The Trial as Example of Illogical Court Proceedings: What Makes a Legal System Fair or Unfair?        The film The Trial (1962) by Orson Welles, based on the novel of the same name written by Franz Kafka, puts into question the relationship between law and justice. Naturally, when one thinks of law one often pairs it with justice; if there is an unfair or unjust act, society will expect to be able to get the law overturned by appealing to the regulations of justice. Nonetheless, when speaking about this subject it has to be kept in mind that law is a very abstract ideal. Taking this into account the film could be considered as an allegory, because rather than giving the viewer an actual political issue, the film gives just the bare struggle of one person against a not mentioned law, but just the law in general. The main character is faced with a court which is just the human and bureaucratic embodiment of this law. Since the law is such an abstract expression of justice, it seems to be unfair and inhuman; therefore, the court is portrayed as being equally unfair and inhuman. With this, one can appreciate one of the many paradoxes of the law. Law and justice are frequently mistaken as being one and the same; however, this is false and even though the two have a relationship, they cannot be considered as the same. With this in mind, it is difficult to think how law can be unjust or unfair when it is supposed to be the expression of justice and it is supposed to protect all the people in a society in the same way

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