an article by Phin Upham
(From Ayn Rand’s Atlas Shrugged, p.443-449
At the Trial of Henry Rearden: )
One of the judges, acting as prosecutor, had read the charges.
“You may now offer whatever plea you wish to make in your own defense,” he announced.
Facing the platform, his voice inflectionless and particularly clear, Hank Rearden answered:
“I have no defense.”
“Do you-” The judge stumbled; he had not expected it to be that easy. “Do you throw yourself at the mercy of the court?”
“I do not recognize this courts right to try me.”
“But, Mr. Rearden, this is the legally appointed court to try this particular category of crime.”
“I do not recognize my action as a crime.”
“But you have admitted that you have broken our regulations controlling the sale of your Metal.”
“I do not recognize your right to control the sale of my Metal.”
“It is necessary for me to point our that your recognition was not required.”
“No. I am fully aware of it and am acting accordingly.”
…
“But Mr. Rearden the law provides specifically that you are to be given an opportunity to present your side of the case and defend yourself.”
“A prisoner brought to trial can defend himself only if there is an objective principle of justice recognized by his judges, a principle upholding his rights, which they may not violate and which he can invoke. The law, by which you are trying me, holds that there are no principles, that I have no rights and that you may do with me whatever you please. Very well. Do it.”
…
“Do you mean that what you expect from me is some sort of voluntary action?’
“Yes”
“I volunteer nothing.”
“But the law demands that the defendants side be represented on the record.”
“Do you mean that you need my help to make this procedure legal?”
“Well no…yes…that is, to complete this form.’
“I will not help you.”
…
“I want” said Rearden gravely, “to let the nature of this procedure appear exactly for what it is. If you need my help to disguise it – I will not help you.”
“But we are giving you a chance to defend yourself – and it is you who are rejecting it.”
“I will not help you pretend that I have a chance. I will not help you preserve an appearance of righteousness where rights are not recognized. I will not help you to preserve the appearance of rationality by entering into a debate in which the gun is the final argument. I will not help you pretend that you are administering justice.”
…
“I do not cooperate at the point of a gun.”
The central subject in Kafka’s haunting novel The Trial is man’s interaction with societal mechanisms. Kafka explores a world in which institutions have no purpose, no moral fiber, and are empty, degenerate machines, chewing up and spitting out their human fuel. Ayn Rand’s novel Atlas Shrugged presents a man enmeshed in a similarly unfair trial. Her protagonist makes the existential choice to opt out of the system regardless of consequences. His refusal rests on the supposition that men are not only fodder, but fuel, and thus even grudging cooperation strengthens the very force you are being oppressed by. The recognition of illegitimate authority adds to its validity. Legal institutions were formed to maintain societal order and to establish some form of justice. Men impose restrictions on themselves, and develop the rule of law for these reasons. But when everything is stripped away from the law, its purpose, its dignity, its morality, only its power remains – the law and its power become terrifying. This power is derived from the cooperation of every member of society, yet it seems to take on an inexorable life of its own. Kafka reveals the essence of bureaucracies and illuminates the inescapability of the terrifying human condition.
The brutal Law system in The Trial is an endless bureaucracy with no hope of reform and no escape. It looms above its victims and devours their lives. The despondent mass of the accused waiting hopelessly in the law office demonstrates this inescapability, as does Block’s pitiful dependence on the lawyer which is so extreme that he often sleeps at the lawyer’s house. The bureaucracy often takes on machine-like characteristics: “They have all sorts of machinery which they will automatically set in motion against you, depend upon that”(96) warns K’s uncle. Machine-like, it logically carries out the illogical. In this way a bunch of senseless, greedy, lecherous officials make up and serve a powerful and effective system. The monstrous Law system is not only powerful, but unfathomable. “The ranks of officials in this judiciary system mounted endlessly, so that not even the initiated could survey the hierarchy as a whole. And the proceedings of the court kept secret from subordinate officials”(119). One always wonders if there are other, more just and rational levels to the Law. One hopes K will reach these levels but knows he cannot. K’s appropriate place in the Law is a mystery. Should he fight it? Should he ignore it? Would either choice result in a different final outcome? After all, the Law system never lets the charge or the crime be known to the accused. The police place the accused under arrest clandestinely. The painter presents the Law as a trap without escape, with only temporary delays. “There are three possibilities, that is, definite acquittal, ostensible acquittal, and indefinite postponement”(152-3) says the painter before explaining he has never seen, nor does he think possible, a definite acquittal. The remaining possibilities can be reached through “personal influence,” another corrupt feature of the Law. Most importantly, the painter believes that K can never be free from the Law. It will always hover over him, like a steel-winged harpy.
In addition to being an illogical, corrupt, and powerful quagmire, the Law is immutable.
While – and this was very characteristic – almost every accused man, even quite simple people among them, discovered from the earliest stages of passion for suggesting reforms which … wasted time and energy. … One must lie low … [if challenged] the organization would simply right itself by some compensating reaction in another part of its machinery – since everything interlocked – and remain unchanged, unless, indeed, which was very probable, it became still more rigid, more vigilant, severer, and more ruthless. (121)
Every time K struggles to escape from the Law, the net draws tighter. Finally he is killed. His last words, “Like a dog!”, appropriately describe his treatment. There is even talk that the law is beyond human judgment, that the Law (and perhaps K’s guilt) are beyond the human scope. This allusion to divine order is suggested as an interpretation to the doorkeeper’s story in the chapter “In the Cathedral.” The priest says “Many aver that the story confers no right on anyone to pass judgment on the doorkeeper. Whatever he may seem to us, he is yet a servant of the Law, that is, he belongs to the Law and as such is beyond human judgment “(220). Some untouchable great lawyers are mentioned by Block on page 178. They are spoken of with nearly religious awe, and they are as unreachable as the high court itself. It is so unfathomable, so incomprehensible, and indeed, so illogical that is seems a joke and a miracle that it is functional and effective in its odd way.
The Law system is a darkly funny thing. The “law books” K finds when he returns to the site of his first interrogation contains a poorly done pornographic picture with the ludicrous name “How Grete Was Plagued by Her Husband Hans.” Even the air in the offices is putrid to K. On the other hand the air outside the offices is putrid to the Law worker, showing the enormous divide between the Law and the natural order. The deciding factor in a trial is not guilt or innocence, but, according to the painter, personal influence and your lawyer’s connections. This is not only unjust but goes diametrically against the principle of blind justice and the value of a justice system itself. The Law system’s corruption verges on the hilarious when K finds his warden being whipped because K complained about him. This further shows the strange and peculiar illogic of the Law.
But the justice system’s power comes from the cooperation of society. The people cooperate because they feel it will in the long run be beneficial for them to have an institution in place. Kafka strips away the justice of the Law system, its decency and its morality. Should K still cooperate? Should he fight? K is not only trapped by his cooperation, but also by the societal structure. He feels obligated to follow the law for friends, family, etc.. “Had he stood alone in the world he could easily have ridiculed the whole affair … But now his uncle had dragged him to this lawyer, family considerations had come in; he was no longer completely independent of the course the case took”(126). The Law system, itself, through cooperation, became a punishment. Perhaps Block’s case was not being worked on, nor was it ever going to finish. Still, its desired result was achieved. Block lives under self-imposed punishment; he ate and slept often at his lawyer’s. His case ruined his life: “The client ceased to be a client but became the lawyer’s dog”(193). This is Block’s punishment; the Law system has ceased to be a means to an end. It has become an end in and of itself; “The verdict is not suddenly arrived at, the proceedings only gradually merge into the verdict”(211).
“In The Cathedral” is the heart of The Trial. Different interpretations of a story are discussed. But all of them assume that the boy should have tried to approach, or even enter, the Law building. This is the boy’s central mistake. It was his goal that guaranteed his doom, not only his method. This point is made by Block (more lawyers make more work, not less) and by K’s final decision to give up. K pulls his captors past a policeman, and he allows them to kill him. His last words, “like a dog!” were perhaps more true than he realized. He was a dog because he recognized the unjust Law as his master from the beginning, not because he died a bad death or because he obeyed the system. Nevertheless his free will and choice made no difference in his eventual death because the law system itself was unstoppable; inexorably bloated by societies cooperation and acceptance. For K, who is virtually a slave, free will is significant but ineffectual. Kafka points this central dilemma and chooses to make ineffectual struggling a central reality in the book. Given that K’s struggle cannot be won, Ayn Rand presents would another, admittedly unrealistic, but intellectually genuine, course of action. Her heroes would have turned and walked away from the Law Building rather than wait outside of it. K may not be able to change the outcome of his struggle, but by refusing to accept the systems authority over him, he also denies its justice. By opting out of his society and its systems he undermines its power, which is derived from the cooperation of all members of society, and keeps his own integrity intact. But Kafka is more interested in the tragic-comic nature of life, and thus the horror and humor of The Trial derive from a clinical and rational study of hopelessness. Kafka’s characters struggle to survive when they are already doomed. He is interested in the deliberate and unstoppable destruction of a man. Man’s essential free will and initiative become unavailing before the awesome powers of a bureaucracy which has become Godlike. And here is the difference between the two perspectives. Kafka sees fallen man facing the imperfectability of the world and of himself, while Ayn Rand is still in paradise.
About the Author
Phin Upham is an investor who lives in NYC and San Francisco. He has studied at Harvard University and Wharton Business School (UPenn) and is a term member of the Council on Foreign Relations.