No Comment — September 30, 2009, 3:52 pm

Kafka’s Legacy on Trial

Franz Kafka’s The Trial revolves around a surrealistic legal procedure governed by a nontransparent logic. At times it seems a criticism of what scholars call “legal indeterminacy,” that is, the inability of the legal system to provide clear rules for decision. “The right understanding of any matter and a misunderstanding of the same matter do not wholly exclude each other,” Kafka writes at one point. Now a set of manuscripts that at least at one point included the text of The Trial has become the subject of legal proceedings in Israel that seem as contradictory and interminable as the novel itself. Der Spiegel reports:

[B]efore he died of complications connected with tuberculosis in 1924, [Franz Kafka] entrusted [Max] Brod with a sheaf of handwritten documents and asked him to destroy the unpublished manuscripts after his death. Brod ignored his friend’s last wishes. When the Nazis invaded Czechoslovakia in 1939, he packed the documents in a suitcase and fled to Tel Aviv. Brod died there in 1968 and bequeathed these papers to his secretary Ester Hoffe. When she died two years ago at the age of 101, her two daughters, Eva Hoffe and the older sister Ruth Wiesler, inherited the collection — at least that’s what they thought.

Now this literary legacy has become the subject of a Kafkaesque dispute that will have to be resolved in court. Much of the controversy remains puzzling, the claims made by various parties are difficult to understand, and no one seems to know what the mysterious treasure may still contain. The Israeli National Library has filed for an injunction on the execution of the will. Even during Ester Hoffe’s lifetime, this institution had tried in vain to acquire the rights to the Kafka/Brod archive. For over a year now, the Hoffe daughters have been awaiting a decision by the Tel Aviv family court. An increasing number of parties want to take part in the trial. The lawsuit launched by the Israeli library even alleges that Ester Hoffe unlawfully took possession of papers from Brod and illegally sold a portion of them abroad. Sure enough, in 1988 Sotheby’s in London auctioned off the original manuscript of Kafka’s novel The Trial. It went for DM3.5 million (€1.8 million) to the German Literature Archive in Marbach.

When the Germans recently announced they had secured correspondence from Max Brod, the Israeli National Library insinuated it must have been sold by the sisters. But the Hoffe sisters are not talking about this, what they still hold, or what they intend to do with it. Moreover, the secrecy surrounding the Brod archive continues to inspire the curiosity of Kafka scholars. Are there still unpublished treasurers to be found in these papers? Clues that will facilitate a better understanding of his major works?

The litigation has attracted other claimants. One is the Israeli publisher Amos Schocken, owner of a prominent publishing house and of Ha’aretz newspaper. His grandfather Salman had secured the rights to publish the manuscripts from Kafka’s parents and did much to promote Kafka’s works. In addition to the Israeli National Library, the German Literature Archive in Marbach is also aggressively wooing the Hoffe sisters, offering itself as a new home for the Kafka papers. It has asked the Tel Aviv court for permission to appear in the litigation to defend its interests.

If the Israeli court stays faithful to the Kafka style, then the case may furnish the makings of another good novel. But Kafka scholars and students will gaze on in dismay.

Share
Single Page

More from Scott Horton:

Conversation August 5, 2016, 12:08 pm

Lincoln’s Party

Sidney Blumenthal on the origins of the Republican Party, the fallout from Clinton’s emails, and his new biography of Abraham Lincoln

Conversation March 30, 2016, 3:44 pm

Burn Pits

Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.

Context, No Comment August 28, 2015, 12:16 pm

Beltway Secrecy

In five easy lessons

Get access to 167 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

December 2017

Document of Barbarism

= Subscribers only.
Sign in here.
Subscribe here.

Destroyer of Worlds

= Subscribers only.
Sign in here.
Subscribe here.

Crossing Guards

= Subscribers only.
Sign in here.
Subscribe here.

“I am Here Only for Working”

= Subscribers only.
Sign in here.
Subscribe here.

Dear Rose

= Subscribers only.
Sign in here.
Subscribe here.

The Year of The Frog

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Destroyer of Worlds·

= Subscribers only.
Sign in here.
Subscribe here.

In February 1947, Harper’s Magazine published Henry L. Stimson’s “The Decision to Use the Atomic Bomb.” As secretary of war, Stimson had served as the chief military adviser to President Truman, and recommended the attacks on Hiroshima and Nagasaki. The terms of his unrepentant apologia, an excerpt of which appears on page 35, are now familiar to us: the risk of a dud made a demonstration too risky; the human cost of a land invasion would be too high; nothing short of the bomb’s awesome lethality would compel Japan to surrender. The bomb was the only option. Seventy years later, we find his reasoning unconvincing. Entirely aside from the destruction of the blasts themselves, the decision thrust the world irrevocably into a high-stakes arms race — in which, as Stimson took care to warn, the technology would proliferate, evolve, and quite possibly lead to the end of modern civilization. The first half of that forecast has long since come to pass, and the second feels as plausible as ever. Increasingly, the atmosphere seems to reflect the anxious days of the Cold War, albeit with more juvenile insults and more colorful threats. Terms once consigned to the history books — “madman theory,” “brinkmanship” — have returned to the news cycle with frightening regularity. In the pages that follow, seven writers and experts survey the current nuclear landscape. Our hope is to call attention to the bomb’s ever-present menace and point our way toward a world in which it finally ceases to exist.

Illustration by Darrel Rees. Source photographs: Kim Jong-un © ITAR-TASS Photo Agency/Alamy Stock Photo; Donald Trump © Yuri Gripas/Reuters/Newscom
Article
Crossing Guards·

= Subscribers only.
Sign in here.
Subscribe here.

The Ambassador Bridge arcs over the Detroit River, connecting Detroit to Windsor, Ontario, the southernmost city in Canada. Driving in from the Canadian side, where I grew up, is like viewing a panorama of the Motor City’s rise and fall, visible on either side of the bridge’s turquoise steel stanchions. On the right are the tubular glass towers of the Renaissance Center, headquarters of General Motors, and Michigan Central Station, the rail terminal that closed in 1988. On the left is a rusted industrial corridor — fuel tanks, docks, abandoned warehouses. I have taken this route all my life, but one morning this spring, I crossed for the first time in a truck.

Illustration by Richard Mia
Article
“I am Here Only for Working”·

= Subscribers only.
Sign in here.
Subscribe here.

But the exercise of labor is the worker’s own life-activity, the manifestation of his own life. . . . He works in order to live. He does not even reckon labor as part of his life, it is rather a sacrifice of his life.

— Karl Marx

Photograph from the United Arab Emirates by the author. This page: Ruwais Mall
Article
The Year of The Frog·

= Subscribers only.
Sign in here.
Subscribe here.

To look at him, Sweet Macho was a beautiful horse, lean and strong with muscles that twitched beneath his shining black coat. A former racehorse, he carried himself with ceremony, prancing the field behind our house as though it were the winner’s circle. When he approached us that day at the edge of the yard, his eyes shone with what might’ve looked like intelligence but was actually a form of insanity. Not that there was any telling our mother’s boyfriend this — he fancied himself a cowboy.

“Horse 1,” by Nine Francois. Courtesy the artist and AgavePrint, Austin, Texas
Article
Dead Ball Situation·

= Subscribers only.
Sign in here.
Subscribe here.

What We Think About When We Think About Soccer, by Simon Critchley. Penguin Books. 224 pages. $20.

Begin, as Wallace Stevens didn’t quite say, with the idea of it. I so like the idea of Simon Critchley, whose books offer philosophical takes on a variety of subjects: Stevens, David Bowie, suicide, humor, and now football — or soccer, as the US edition has it. (As a matter of principle I shall refer to this sport throughout as football.) “All of us are mysteriously affected by our names,” decides one of Milan Kundera’s characters in Immortality, and I like Critchley because his name would seem to have put him at a vocational disadvantage compared with Martin Heidegger, Søren Kierkegaard, or even, in the Anglophone world, A. J. Ayer or Richard Rorty. (How different philosophy might look today if someone called Nobby Stiles had been appointed as the Wykeham Professor of Logic.)

Tostão, No. 9, and Pelé, No. 10, celebrate Carlos Alberto’s final goal for Brazil in the World Cup final against Italy on June 21, 1970, Mexico City © Heidtmann/picture-alliance/dpa/AP Images

Chance that a teenager in a New York City jail has a history of traumatic brain injury:

1 in 2

Altruistic children tend to be healthier but from poorer families.

The prosecution told the jury that the officer, Philip Brailsford, was a “killer” for forcing Shaver, who was unarmed and intoxicated, into the hallway and then shooting him as he crawled on the floor crying and asking not to be shot.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Report — From the June 2013 issue

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

By

"Gun owners have long been the hypochondriacs of American politics. Over the past twenty years, the gun-rights movement has won just about every battle it has fought; states have passed at least a hundred laws loosening gun restrictions since President Obama took office. Yet the National Rifle Association has continued to insist that government confiscation of privately owned firearms is nigh. The NRA’s alarmism helped maintain an active membership, but the strategy was risky: sooner or later, gun guys might have realized that they’d been had. Then came the shootings at a movie theater in Aurora, Colorado, and at Sandy Hook Elementary School in Newtown, Connecticut, followed swiftly by the nightmare the NRA had been promising for decades: a dedicated push at every level of government for new gun laws. The gun-rights movement was now that most insufferable of species: a hypochondriac taken suddenly, seriously ill."

Subscribe Today