“Before the Law” by Parmenides: a contrast with Kafka's “Before the Law”

Abstract

The purpose of this work is to contrast the proem of the poem by the pre-Socratic philosopher Parmenides with the story «Before the Law» by Kafka. This is motivated by an idea shared between these works: a man wishing and trying to enter the law, but with diametrically opposite results. For such analysis, first of all, it is contextualized how both authors participate directly in the law: one as a legislator, the other as a lawyer for an insurance company. Secondly, a synthesis of the philosopher’s proem and the writer’s story is presented. Thirdly, such works are directly analyzed and contrasted in relation to the understanding of the law, justice or right that each of them presents. Finally, it is concluded that Kafka literary explores the legal phenomenon by interweaving positivist elements (he shows the formal structure and effectiveness of law) and critical elements (law, after all, is a manifestation of power). For its part, Parmenides’ poem anchors his conception of law in certain axiological ideal elements.