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Kafka's Law : The Trial and American Criminal Justice

By: Burns, Robert P.
Material type: TextTextSeries: eBooks on Demand.Publisher: Chicago : University of Chicago Press, 2014Description: 1 online resource (197 p.).ISBN: 9780226167503.Subject(s): Criminal justice, Administration of -- United States | Criminal procedure -- United States | Kafka, Franz, -- 1883-1924. -- Prozess | Law in literatureGenre/Form: Electronic books.Additional physical formats: Print version:: Kafka's Law : The Trial and American Criminal JusticeDDC classification: 345.73/05 Online resources: Click here to view this ebook.
Contents:
""Contents""; ""Preface""; ""Introduction""; ""Chapter 1: A Reading of 'The Trial'""; ""Chapter 2: Institutional Perspectives on 'The Trial'""; ""Chapter 3: Echoes of Kafka Today""; ""Chapter 4: Spaces of Freedom in American Law?""; ""Notes""; ""Index""
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Item type Current location Call number URL Status Date due Barcode
Electronic Book UT Tyler Online
Online
KF9619.B875 2014eb (Browse shelf) http://uttyler.eblib.com/patron/FullRecord.aspx?p=3038609 Available EBL3038609

""Contents""; ""Preface""; ""Introduction""; ""Chapter 1: A Reading of 'The Trial'""; ""Chapter 2: Institutional Perspectives on 'The Trial'""; ""Chapter 3: Echoes of Kafka Today""; ""Chapter 4: Spaces of Freedom in American Law?""; ""Notes""; ""Index""

Description based upon print version of record.

Reviews provided by Syndetics

CHOICE Review

Burns (Northwestern Univ. School of Law) here continues his meditation on trials and trial courts. He argues that courts are hampered in their ability to do justice by certain "features, tendencies and latent dangers of the modern legal world" that can best be understood when viewed through the lens of Franz Kafka's 100-year-old novel The Trial. Just as Kafka's protagonist is caught up in, and eventually crushed by, a nightmarish procedure that appears complex, arbitrary, and unknowable, so modern criminal defendants find themselves overwhelmed when they are entangled in procedures that they can barely understand. And yet the complexities that seem so dysfunctional seem also, by some weird logic, necessary. Burns argues that the "hydraulics of the system" are influenced by ambition, politics, and mass culture; levels of formality and bureaucratization are circumvented by levels of informality (notably plea bargaining), and reliance on science and evidence is tempered by resorts to instinct and psychology. He suggests that "spaces of freedom" are needed where juries and similar institutions can cut through the complexity. Students will find Kafka's Law an accessible introduction to the insights of this important thinker. Summing Up: Recommended. General readers, upper-division undergraduate students, and above. --Paul Lermack, Bradley University

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