Thursday, February 27, 2014

The Defense

... In such circumstances the Defence was naturally in a very ticklish and difficult position. Yet that, too, was intentional. For the Defence was not actually countenanced by the Law, but only tolerated, and there were differences of opinions even on that point, whether the Law could be interpreted to admit such tolerance at all. Strictly speaking, therefore, none of the counsels for the defence was recognised by the Court, all who appeared before the Court as counsels being in reality merely in the position of pettifogging lawyers. That naturally had a very humiliating effect on the whole profession, and the next time K. visited the Law-Court offices he should take a look at the lawyers' room, just for the sake of having seen it once in his life. He would probably be horrified by the kind of people he found assembled there. The very room, itself small and cramped, showed the contempt in which the Court held them. It was lit only by a small skylight, which was so high up that if you wanted to look out, you had to get some colleague to hoist you on his back, and even then the smoke from the chimney close by choked you and blackened your face. To give only one more example of the state the place was in — there had been for more than a year now a hole in the floor, not so big that you could fall through the floor, but big enough to let a man's leg slip through. The lawyers' room was in the very top attic, so that if you stumbled through the hole your leg hung down into the lower attic, into the very corridor where the clients had to wait. It wasn't saying too much if the lawyers called these conditions scandalous. Complaints to the authorities had not the slightest effect, and it was strictly forbidden for the lawyers to make any structural repairs or alterations at their own expense. Still, there was some justification for this attitude on the part of the authorities. They wanted to eliminate defending counsel as much as possible, the whole onus of the Defence must be laid on the accused himself. A reasonable enough point of view, yet ...
Franz Kafka, The Trial (1925) (trans. W. & E. Muir, rev. Butler 1956)

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