Citation:

Devi Prasad Pokharel. "Dichotomy of Principles and Practices of Justice in Kafka's The Trial" International Research Journal of Economics and Management Studies, Vol. 4, No. 1, pp. 187-193, 2025.

Abstract:

This article intends to delve into how far this philosophical claim would justify the course of judicial action of trial in Franz Kafka's novel The Trial. For most of this article, I would look at how the judicial trial of Kafka's state proceeds overall in the so-called case of Josef K. vs Kafka's state in Kafka's novel The Trial. How natural justice principle enacted the legal system of Audi alteram partem that means no man shall be condemned unheard. Did the natural law principle factum Probandum follow? That means the fact that it needs to be proven by trial. Did Josef K. get the opportunity of habeas corpus that he should have brought in before the judge as soon as possible to his arrest? Where the burden of proof lies in this case are the questions that must be satisfied for justice.

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Keywords:

Kafka, Dichotomy, Justice, Trial, Partem, Judicial.