The examples and perspective in this article may not represent a worldwide view of the subject. Please improve this article and discuss the issue on the talk page. (December 2010)

Justitia, symbol of the judiciary^[1][2] (statue at Shelby County Courthouse, Memphis, TN, United States)

The "Judiciary" (also known as the judicial system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "Supreme court" or "Constitutional court"), together with lower courts.

In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and rules of the state when it finds them incompatible with a higher norm, such as primary legislation, the provisions of the constitution or international law. Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law.

During last decades the judiciary became active in economic issues related with economic rights established by constitution because "economics may provide insight into questions that bear on the proper legal interpretation".^[3] Since many a country with a transitional political and economic system continues treating its constitution as an abstract legal document disengaged from the economic policy of the state, practice of judicial review of economic acts of executive and legislative branches began to grow.

In the 1980s, the Supreme Court of India for almost a decade had been encouraging public interest litigation on behalf of the poor and oppressed by using a very broad interpretation of several articles of the Indian Constitution.^[4]

Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive. The latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics. It is important to distinguish between the two methods of corruption of the judiciary: the state (through budget planning and various privileges), and the private.^[5]

The term "judiciary" is also used to refer collectively to the personnel, such as judges, magistrates and other adjudicators, who form the core of a judiciary (sometimes referred to as a "bench"), as well as the staffs who keep the system running smoothly.

History[link]

After the French Revolution, lawmakers stopped interpretation of law by judges, and the legislature was the only body permitted to interpret the law; this prohibition was later overturned by the Code Napoléon.^[6]

In civil law jurisdictions at present, judges interpret the law to about the same extent as in common law jurisdictions^{[citation needed]} – though it may be acknowledged in theory in a different manner than in the common law tradition which directly recognizes the limited power to make law. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law.

Various functions[link]

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• In common or provinces^{[clarification needed]}, courts interpret law, including constitutions, statutes, and regulations. They also make law (but in a limited sense, limited to the facts of particular cases) based upon prior case law in areas where the legislature has not made law. For instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law.
• In civil law jurisdictions, courts interpret the law, but are, at least in theory, prohibited from creating law, and thus, still in theory, do not issue rulings more general than the actual case to be judged. In practice, jurisprudence plays the same role as case law^{[citation needed]}.
• In the United States court system, the Supreme Court is the final authority on the interpretation of the federal Constitution and all statutes and regulations created pursuant to it, as well as the constitutionality of the various state laws; in the US federal court system, federal cases are tried in trial courts, known as the US district courts, followed by appellate courts and then the Supreme Court. State courts, which try 98% of litigation,^[7] may have different names and organization; trial courts may be called "courts of common plea", appellate courts "superior courts" or "commonwealth courts".^[8] The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort.^[9]
• In France, the final authority on the interpretation of the law is the Council of State for administrative cases, and the Court of Cassation for civil and criminal cases.
• In the People Republic of China, the final authority on the interpretation of the law is the National People's Congress.
• Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court (for criminal law) and a Supreme Court. In this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices. This number has been changed several times.

See also[link]

• Bench (law)
• Constitutional economics
• Corruption
• Judicial independence
• Judicial review
• Legislature
• Rule According to Higher Law
• Rule of law

Further reading[link]

• Cardozo, Benjamin N. (1998). The Nature of the Judicial Process. New Haven: Yale University Press.
• Feinberg, Kenneth, Jack Kress, Gary McDowell, and Warren E. Burger (1986). The High Cost and Effect of Litigation, 3 vols.
• Frank, Jerome (1985). Law and the Modern Mind. Birmingham, AL: Legal Classics Library.
• Levi, Edward H. (1949) An Introduction to Legal Reasoning. Chicago: University of Chicago Press.
• Marshall, Thurgood (2001). Thurgood Marshall: His Speeches, Writings, Arguments, Opinions and Reminiscences. Chicago: Lawrence Hill Books.
• McCloskey, Robert G., and Sanford Levinson (2005). The American Supreme Court, 4th ed. Chicago: University of Chicago Press.
• Miller, Arthur S. (1985). Politics, Democracy and the Supreme Court: Essays on the Future of Constitutional Theory. Westport, CT: Greenwood Press.
• Tribe, Laurence (1985). God Save This Honorable Court: How the Choice of Supreme Court Justices Shapes Our History. New York: Random House.
• Zelermyer, William (1977). The Legal System in Operation. St. Paul, MN: West Publishing.

Notes[link]

Look up judiciary in Wiktionary, the free dictionary.

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Marc H. Rudov is an American author, columnist, relationship coach and media personality who is a self proclaimed antifeminist. He explains his philosophy in his two books: The Man’s No-Nonsense Guide to Women: How to Succeed in Romance on Planet Earth and Under the Clitoral Hood: How to Crank Her Engine Without Cash, Booze, or Jumper Cables.

Rudov believes he promotes equal treatment of men and women by criticizing Western feminism. He insists that feminism, although rational in its inception, has proven unjustly problematic for men in the arenas of dating, marriage, divorce, the workplace, and criminal justice.^[1] According to Rudov, this has resulted in laws that unfairly favor women. Also, he often rails against the modern interpretation of chivalry because he insists that it forces men to tolerate irrational and selfish behavior from women. Despite this, he encourages civility between the sexes when interacting with each other.

Among his more controversial views is his belief in the abolition of child support for women who give birth while single. He also believes in the abolition of alimony altogether. His rationale is that Western women now earn sufficient money to do without these. Also, he often accuses women of behaving like prostitutes when they accept expensive gifts and invitations for costly dates in exchange for sex.^[2]

Rudov has an MBA from Boston University and a bachelor's degree in engineering from the University of Pittsburgh. Rudov, as affirmed by many of his interviews, is Jewish. Before writing his books, Rudov worked as a marketing executive in the information technology industry. He is now a branding consultant.^[3]

He often expresses his views on Your World with Neil Cavuto, produced by The Fox News Channel. On Cavuto's show, he verbally spars with Lis Wiehl, legal analyst for Fox and author of The 51% Minority: How Women Still Are Not Equal and What You Can Do About It. During these exchanges, Rudov takes an antifeminist position while Wiehl defends feminism. Rudov also frequently appears on Fox's The O'Reilly Factor.

Rudov's column appears in Men's News Daily, a conservative news and information website for men, and on NewsWithViews.com. In addition, his website, TheNoNonsenseMan.com, provides free podcasts, his columns and archived radio/TV appearances.

External links[link]

• Marc Rudov discusses heterosexual dating on YouTube
• Marc Rudov's column on Men's News Daily
• Marc Rudov's column on News With Views
• Marc Rudov's radio show, formerly on wsRadio

Goodwin Liu 劉弘威
Associate Justice of the Supreme Court of California
Incumbent
Assumed office September 1, 2011
Nominated by	Jerry Brown
Preceded by	Carlos R. Moreno
Personal details
Born	October 19, 1970 (1970-10-19) (age 41) Augusta, Georgia
Nationality	American
Spouse(s)	Ann O'Leary
Children	Violet O'Leary-Liu Emmett O'Leary-Liu
Alma mater	Stanford University (B.S.) University of Oxford (M.Phil.) Yale Law School (J.D.)
Occupation	Judge, professor, lawyer

Goodwin Hon Liu (Chinese: 劉弘威, Liú Hóngwēi; born October 19, 1970) is an American lawyer and educator who currently serves as Associate Justice of the Supreme Court of California. Before his appointment by California Governor Jerry Brown, Liu was Associate Dean and Professor of Law at the University of California, Berkeley School of Law (Boalt Hall).^[1] Liu has been recognized for his writing on constitutional law, education policy, civil rights, and the Supreme Court.^[1]

On February 24, 2010, President Barack Obama nominated Liu to fill a vacancy on the U.S. Court of Appeals for the Ninth Circuit.^[2] For more than a year, Liu's nomination languished, amid significant opposition from Republicans in the U.S. Senate. On May 19, 2011, the Senate rejected cloture on Liu's nomination in a 52-43 vote,^[3] and on May 25, 2011, Liu informed President Obama that he was withdrawing his name from consideration to the seat on the Ninth Circuit, telling the president that "With no possibility of an up-or-down vote on the horizon, my family and I have decided that it is time for us to regain the ability to make plans for the future."^[4] On July 29, 2011, President Obama formally notified the Senate that he was withdrawing Liu's nomination for the 9th Circuit.^[5]

On July 26, 2011, Governor Jerry Brown nominated Liu to a seat on the Supreme Court of California, succeeding Associate Justice Carlos R. Moreno.^[6] He was sworn in on September 1, 2011.^[7]

Early life and education[link]

Liu is of Taiwanese descent.^[8] Born in Augusta, Georgia,^[2] as the second son of Wen-Pen and Yang-Ching Liu, both of whom came to the United States from Taiwan in the late 1960s when foreign doctors were being recruited to work in underserved areas. Liu and his family moved to Clewiston, Florida, shortly after his birth and then in 1977, they relocated to Sacramento, California, where Liu graduated from Rio Americano High School. He went to Stanford University and earned a B.S. in biology. While at Stanford, he was active in student politics as a member of the People's Platform, serving on the Council of Presidents of the ASSU. He attended Oxford University on a Rhodes Scholarship and earned a M. Phil in philosophy and physiology. Liu received his J.D. from Yale Law School.

Personal[link]

Liu is married to Ann O'Leary, the daughter of a social worker and a union leader, who grew up in Orono, Maine. She is the founding Executive Director of the UC Berkeley Center on Health, Economic & Family Security. Liu and his wife have one daughter, Violet, and one son, Emmett. Liu is a skilled chef and fisherman.^[9] Of Hakka descent, Liu's father, Wenpen Liu, is active in Taiwanese politics and is a main organizer in the Democratic Progressive Party^[10] and head of the Sacramento office of the Formosan Association for Public Affairs.

Career[link]

Liu initially worked an appellate litigator at O'Melveny & Myers in Washington. He later clerked for Judge David S. Tatel of the U.S. Court of Appeals for the D.C. Circuit and then for U.S. Supreme Court Justice Ruth Bader Ginsburg, where among other things, he contributed a draft to her dissent in Bush v. Gore.^[11] He also served as special assistant to the deputy secretary of the U.S. Department of Education and as senior program officer for higher education at the Corporation for National Service (AmeriCorps). He is also a former Chair of the Board of Directors of the American Constitution Society.^[12]

He is currently a professor at UC Berkeley and holds a seat on the Board of Trustees at nearby Stanford University. He has been elected to the American Law Institute and serves on the boards of the National Women's Law Center, and the Alliance for Excellent Education.^[12]

Professorship[link]

He took a job at Boalt Hall at the University of California, Berkeley where he became Associate Dean and Professor of Law.^[1] In 2009 Liu was awarded the UC Berkeley Distinguished Teaching Award.^[12]

Nomination to the Ninth Circuit[link]

On February 24, 2010, President Obama nominated Liu to a new judgeship seat on the Ninth Circuit created by the Court Security Improvement Act of 2007; which became effective on January 21, 2009. His nomination was filibustered by Republicans in the Senate and expired with the sine die adjournment of the 111th Congress.^[13] He was renominated to the same position on the first full day of the 112th Congress.^[14][15] On April 7, 2011 the Senate Judiciary Committee reported his nomination to the floor of the Senate by a 10-8 vote.^[16]

Liu's nomination earned support from former Independent Counsel and Whitewater prosecutor Kenneth Starr,^[17] former Associate White House Counsel to President George W. Bush Richard Painter,^[18] former Acting Solicitor General to President Bill Clinton, Walter Dellinger^[19] and both of California's Senators Dianne Feinstein and Barbara Boxer,^[20] as well as gaining a "unanimous well-qualified" rating from an American Bar Association committee that screens prospective judicial candidates on their competence, integrity and judicial temperament.^[21] His nomination was also supported and lauded by his colleagues at UC Berkeley, including Christopher Edley, Jr. and John Yoo,^[22] and the director of the conservative^[23] Goldwater Institute, Clint Bolick, who praised his approachability and calm temperament.^[24]

However, Liu's nomination was harshly criticized by Senate Republicans for allegedly failing to disclose 117 of his more controversial writings and speeches.^[25][26] On April 6, 2010, Liu submitted the 117 requested items to the committee as a supplemental to the original questionnaire.^[27] The committee hearing had been postponed twice particularly due to Republican opposition to Liu's judicial qualifications and record.^[28] Liu defended his writings as a scholar by saying that "there’s a clear difference between what things people write as scholars and how one would approach the role of a judge".^[29] On April 6, 2010, a letter was sent to the Senate Judiciary Committee Chairman Patrick Leahy by the seven committee Republicans to request a third postponement, which was subsequently rejected.^[30] Liu was also criticized for lack of trial-level experience. Prior to his nomination, Liu had not served as a judge and had argued only one case at the appellate court level as a lawyer.^[31][32]

Liu's criticism of Judge John Roberts and especially his statement during Samuel Alito's Supreme Court nomination "Judge Alito's record envisions an America where police may shoot and kill an unarmed boy to stop him from running away with a stolen purse; where federal agents may point guns at ordinary citizens during a raid, even after no sign of resistance, where a black man may be sentenced to death by an all-white jury for killing a white man, absent [an] analysis showing discrimination, is not the America we know. Nor is it the America we aspire to be"^[33] was targeted by Senate Republicans as proof of his lack of judicial temperament and partisanship, although Liu later apologized and said that his words were "unduly harsh".^[34]

On May 17, 2011, Senator Harry Reid filed a cloture motion on Liu's nomination.^[35] On May 19, 2011, the Senate rejected cloture in a mostly party-line vote of 52-43, with all but one Democrat (Ben Nelson) voting in favor of cloture and all but one Republican (Lisa Murkowski) voting against.^[3] He became the first Obama judicial nominee to be successfully filibustered in the Senate.^[36] With the makeup of the Senate unlikely to change until after the 2012 election, Liu withdrew his name from consideration on May 25, 2011. On July 29, 2011, President Obama formally notified the Senate that he is withdrawing Liu's nomination for the 9th Circuit.^[5]

California Supreme Court[link]

Justice Liu with his wife shaking hands with Governor Jerry Brown after his swearing-in ceremony.

On July 26, 2011, California Gov. Jerry Brown nominated Liu to a seat on the Supreme Court of California.^[37] In submitting his nomination, Brown said that "[Liu] is a nationally-recognized expert on constitutional law and has experience in private practice, government service and in the academic community. I know that he will be an outstanding addition to our state supreme court."^[12] Liu responded to his nomination with a prepared statement, "I’m deeply honored by Governor Brown’s nomination and look forward to the opportunity to serve the people of California on our state’s highest court."^[12]

On August 30, the state bar commission that screens all nominees gave Liu a "unanimously well qualified" rating, describing him as "brilliant, impartial, and with a work ethic second to none ... [h]e has an unwavering commitment to equal access to justice and will treat all litigants fairly, without regard to wealth or position in society."^[38] He was confirmed unanimously the next day by Chief Justice Tani Cantil-Sakauye, state Attorney General Kamala Harris, and Presiding Justice Joan Dempsey-Klein, the senior-most presiding justice serving on the California Court of Appeal. Ten witnesses testified in favor of his nomination and none testified against.^[39]

Liu was sworn in on September 1, 2011^[7] and took the bench on September 6, sitting on a procedural issue regarding the controversial Perry v. Schwarzenegger case.^[40]

Positions[link]

Liu is socially liberal. He has written in favor of affirmative action, abortion rights, and same-sex marriage and has been critical of Bush-era waterboarding policy and the death penalty. His positions are usually left-leaning; however, Liu has supported charter schools and government-funded vouchers for private schools, particularly if used as a tool to "promote racial diversity."^[9]

Publications[link]

Liu's recent work includes "Keeping Faith with the Constitution" (2009) (with Pamela S. Karlan and Christopher H. Schroeder);^[41] "Rethinking Constitutional Welfare Rights" in Stanford Law Review (2008);^[42] "History Will Be Heard: An Appraisal of the Seattle/Louisville Decision" in Harvard Law & Policy Review (2008);^[43] "Improving Title I Funding Equity Across States, Districts, and Schools," in Iowa Law Review (2008);^[44] "Seattle and Louisville" in California Law Review (2007);^[45] "Education, Equality, and National Citizenship" in Yale Law Journal (2006);^[46] and "Interstate Inequality in Educational Opportunity" in New York University Law Review (2006).^[47]

Accomplishments and awards[link]

In 2007, Liu’s work won the Education Law Association's Steven S. Goldberg Award for Distinguished Scholarship in Education Law.^[48] In 2009, Professor Liu won the UC Berkeley Distinguished Teaching Award,^[49] the university's most prestigious award for excellence in teaching. The Boalt Hall Class of 2009 selected him as the faculty commencement speaker.^[50]

Appearances[link]

This biographical section of an article needs additional citations for verification. Please help by adding reliable sources. Contentious material about living persons that is unsourced or poorly sourced must be removed immediately, especially if potentially libelous or harmful. (August 2010)

Liu is a frequent commentator on constitutional law and education policy in general media, including the New York Times, Washington Post, Los Angeles Times, PBS Newshour with Jim Lehrer, and National Public Radio. He has testified before the U.S. Senate Judiciary Committee, the California Assembly Education Committee, and the California Assembly and Senate Judiciary Committees.

See also[link]

• Barack Obama judicial appointment controversies
• List of law clerks of the Supreme Court of the United States
• Barack Obama Supreme Court candidates

References[link]

External links[link]

• California Courts - Associate Justice Goodwin Liu
• Liu on Judgepedia

Franz Kafka
Franz Kafka in 1906
Born	(1883-07-03)3 July 1883 Prague, Austria-Hungary
Died	3 June 1924(1924-06-03) (aged 40) Kierling near Vienna, First Republic of Austria
Occupation	Insurance officer, factory manager, novelist, short story writer
Language	German
Nationality	Austria-Hungary
Genres	Fiction, short story
Literary movement	Modernism, magic realism, existentialism
Notable work(s)	The Trial, The Castle, The Metamorphosis
Influenced José Saramago[1]
Signature	File:Kafka.gif

Franz Kafka (German pronunciation: [fʁants ˈkafka]; 3 July 1883 – 3 June 1924) was an influential German-language author of novels and short stories. Contemporary critics and academics, including Vladimir Nabokov,^[2] regard Kafka as one of the best writers of the 20th century. The term "Kafkaesque" has become part of the English language.

Kafka was born to middle class, German-speaking, Jewish parents, in Prague, Bohemia, then part of the Austro-Hungarian Empire. The house in which he was born, on the Old Town Square next to Prague's Church of St Nicholas, now contains a permanent exhibition devoted to the author.

Most of Kafka's writing, including the large body of his unfinished work, was published posthumously.^[3]

Early history[link]

Kafka at the age of five

Franz Kafka was born into a middle-class Ashkenazi Jewish family in Prague (now the Czech Republic). His father, Hermann Kafka (1852–1931), was described as a "huge, selfish, overbearing businessman"^[4] and by Kafka himself as "a true Kafka in strength, health, appetite, loudness of voice, eloquence, self-satisfaction, worldly dominance, endurance, presence of mind, [and] knowledge of human nature".^[5] Hermann was the fourth child of Jacob Kafka, a shochet or ritual slaughterer, and came to Prague from Osek, a Czech-speaking Jewish village near Písek in southern Bohemia. After working as a traveling sales representative, he established himself as an independent retailer of men's and women's fancy goods and accessories, employing up to 15 people and using a jackdaw (kavka in Czech) as his business logo. Kafka's mother, Julie (1856–1934), was the daughter of Jakob Löwy, a prosperous brewer in Poděbrady, and was better educated than her husband.^[6]

Franz was the eldest of six children.^[7] He had two younger brothers: Georg and Heinrich, who died at the ages of fifteen months and seven months, respectively, before Franz was seven; and three younger sisters, Gabriele ("Ellie") (1889–1944), Valerie ("Valli") (1890–1944) and Ottilie ("Ottla") (1892–1943). On business days, both parents were absent from the home. Franz's mother helped to manage her husband's business and worked in it as many as 12 hours a day. The children were largely reared by a series of governesses and servants. Kafka's relationship with his father was troubled, as described in the Letter to His Father in which he complained of being profoundly affected by his father's authoritarian and demanding character.

During World War II, the Nazi Germans deported Kafka's sisters with their families to the Łódź Ghetto, where they perished. Ottla was sent to the concentration camp at Theresienstadt. On 7 October 1943 she was transferred to the death camp at Auschwitz.^[8]

Education[link]

Kinsky Palace where Kafka attended Gymnasium and his father later owned a shop

Kafka's native language was German, in which he composed all his literary works. He was also fluent in Czech^[9] and took an interest in Czech literature.^{[10][11][clarification needed]} Later, Kafka acquired some knowledge of French language and culture; one of his favorite authors was Flaubert. From 1889 to 1893, he attended the Deutsche Knabenschule, the boys' elementary school at the Masný trh/Fleischmarkt (meat market), the street now known as Masná street. His Jewish education was limited to his Bar Mitzvah celebration at 13 and going to the synagogue four times a year with his father, which he loathed.^[12] After elementary school, he was admitted to the rigorous classics-oriented state Gymnasium, Altstädter Deutsches Gymnasium, an academic secondary school with eight grade levels, where German was also the language of instruction, at Old Town Square, within the Kinsky Palace. He completed his high school exit exams in 1901.^[13]

Admitted to the Charles-Ferdinand University of Prague, Kafka first studied chemistry, but switched after two weeks to law. This offered a range of career possibilities, which pleased his father, and required a longer course of study that gave Kafka time to take classes in German studies and art history. At the university, he joined a student club, named "Lese- und Redehalle der Deutschen Studenten", which organized literary events, readings and other activities. In the end of his first year of studies, he met Max Brod, who would become a close friend of his throughout his life, together with the journalist Felix Weltsch, who also studied law. Kafka obtained the degree of Doctor of Law on 18 June 1906 and performed an obligatory year of unpaid service as law clerk for the Civil and criminal courts.^[3]

Employment[link]

The former house of Franz Kafka. It now stands as a memorial open to the public without fee, but also contains items related to Kafka and Prague for sale.

On 1 November 1907, he was hired at the Assicurazioni Generali, an Italian insurance company, where he worked for nearly a year. His correspondence during that period witnesses that he was unhappy with his working time schedule—from 8 a.m. (8:00) until 6 p.m. (18:00)^[14]—as it made it extremely difficult for him to concentrate on his writing. On 15 July 1908, he resigned, and two weeks later found more congenial employment with the Worker's Accident Insurance Institute for the Kingdom of Bohemia. The job involved investigating personal injury to industrial workers, such as lost fingers or limbs, and assessing compensation. Industrial accidents of this kind were commonplace at this time. Management professor Peter Drucker credits Kafka with developing the first civilian hard hat while he was employed at the Worker's Accident Insurance Institute, but this is not supported by any document from his employer.^[15] His father often referred to his son's job as insurance officer as a "Brotberuf", literally "bread job", a job done only to pay the bills. While Kafka often claimed that he despised the job, he was a diligent and capable employee. He was also given the task of compiling and composing the annual report and was reportedly quite proud of the results, sending copies to friends and family. In parallel, Kafka was also committed to his literary work. Together with his close friends Max Brod and Felix Weltsch, these three were called "Der enge Prager Kreis", the close-knit Prague circle, which was part of a broader Prague Circle, "a loosely knit group of German-Jewish writers who contributed to the culturally fertile soil of Prague from the 1880s till after World War I."^[16]

In 1911, Karl Hermann, spouse of his sister Elli, asked Kafka to collaborate in the operation of an asbestos factory known as Prager Asbestwerke Hermann and Co. Kafka showed a positive attitude at first, dedicating much of his free time to the business. During that period, he also found interest and entertainment in the performances of Yiddish theatre, despite the misgivings of even close friends such as Max Brod, who usually supported him in everything else. Those performances also served as a starting point for his growing relationship with Judaism.^[17]

Personality[link]

Some sources have claimed that Kafka possessed a schizoid personality disorder^[18]. His work, they claim, not only in The Metamorphosis, but in various other writings, appear to show medium to low-level schizoid characteristics which explain much of his surprising work.^{[19][unreliable source?]} However, a study of Kafka's family and early life by psychoanalyst Alice Miller in her book Thou Shalt Not Be Aware offers a different angle on the sources of Kafka's psychological anguish and his expression of his painful early life in his writings.^{[Full citation needed]}

There are speculations regarding Kafka's sexuality and a possible eating disorder. In a 1988 paper published by the Psychiatric Clinic of the University of Munich "evidence for the hypothesis that the poet Franz Kafka had suffered from an atypical anorexia nervosa is presented."^[20] In his 1995 book Franz Kafka, the Jewish Patient, Sander Gilman is said to investigate "why a Jew might have been considered 'hypochondriac' or 'homosexual' and how Kafka incorporates aspects of these ways of understanding the Jewish male into his own self-image and writing."^[21]

Later years[link]

In 1912, at Max Brod's home, Kafka met Felice Bauer, who lived in Berlin and worked as a representative for a dictaphone company. Over the next five years they corresponded a great deal, met occasionally, and were engaged twice. Their relationship finally ended in 1917.

That same year, Kafka began to suffer from tuberculosis, which required frequent convalescence during which he was supported by his family, most notably his sister Ottla. Despite his fear of being perceived as both physically and mentally repulsive, he impressed others with his boyish, neat and austere good looks, a quiet and cool demeanor, obvious intelligence and dry sense of humor.^[22]

From 1920 Kafka developed an intense relationship with Czech journalist and writer Milena Jesenská. In July 1923, throughout a vacation to Graal-Müritz on the Baltic Sea, he met Dora Diamant and briefly moved to Berlin in the hope of distancing himself from his family's influence to concentrate on his writing. In Berlin, he lived with Diamant, a 25-year-old kindergarten teacher from an orthodox Jewish family, who was independent enough to have escaped her past in the ghetto. She became his lover, and influenced Kafka's interest in the Talmud.^[23]

Kafka's tuberculosis worsened and he returned to Prague. He went to Dr. Hoffmann's sanatorium in Kierling near Vienna for treatment, where he died on 3 June 1924, apparently from starvation. The condition of Kafka's throat made eating too painful for him, and since parenteral nutrition had not yet been developed, there was no way to feed him. He was aged 40 years and 11 months. His body was ultimately brought back to Prague where he was buried on 11 June 1924, in the New Jewish Cemetery (sector 21, row 14, plot 33) in Prague-Žižkov.

Political views[link]

Kafka attended meetings of the Klub Mladých, a Czech anarchist, anti-militarist and anti-clerical organization.^[24] Hugo Bergmann, who attended both the same elementary and high schools as Kafka, had a falling out with Kafka during their last academic year (1900–1901) because "[Kafka's] socialism and my Zionism were much too strident." "Franz became a socialist, I became a Zionist in 1898. The synthesis of Zionism and socialism did not yet exist." Bergmann claims that Kafka openly wore a red carnation to school to show his support for socialism.^[25] In one diary entry, Kafka made reference to influential anarchist philosopher Peter Kropotkin: "Don't forget Kropotkin!"^[26] He later stated, regarding the Czech anarchists: "They all sought thanklessly to realise human happiness. I understood them. But ... I was unable to continue marching alongside them for long."^[27]

Judaism and Zionism[link]

Kafka was well versed in Yiddish literature, and loved Yiddish theatre.^[28]

In his essay, Sadness in Palestine?!, Dan Miron explores Kafka's connection to Zionism. "It seems that those who claim that there was such a connection and that Zionism played a central role in his life and literary work, and those who deny the connection altogether or dismiss its importance, are both wrong. The truth lies in some very elusive place between these two simplistic poles."^[28]

According to James Hawes, Kafka, though much aware of his own Jewishness, did not incorporate his Jewishness into his work. "There is zero actual Jewishness" nor any Jewish characters or specifically Jewish scenes in his work, says Hawes.^[29] In the opinion of literary critic Harold Bloom, author of The Western Canon, however, "Despite all his denials and beautiful evasions, [Kafka's writing] quite simply is Jewish writing."^[17] Lothar Kahn is likewise unequivocal: "The presence of Jewishness in Kafka's oeuvre is no longer subject to doubt."^[30] Pavel Eisner, one of Kafka's first translators, interprets the classic, The Trial, as the "triple dimension of Jewish existence in Prague is embodied in Kafka's The Trial: his protagonist Josef K. is (symbolically) arrested by a German (Rabensteiner), a Czech (Kullich) and a Jew (Kaminer). He stands for the "guiltless guilt" that imbues the Jew in the modern world, although there is no evidence that he himself is a Jew."^[31]

Livia Rothkirchen calls Kafka the "symbolic figure of his era." His era included numerous other Jewish writers (Czech, German and national Jews) who were sensitive to German, Czech, Austrian and Jewish culture. According to Rothkirchen, "This situation lent their writings a broad cosmopolitan outlook and a quality of exaltation bordering on transcendental metaphysical contemplation. An illustrious example is Franz Kafka."^[31]

Literary career[link]

Franz Kafka's grave in Prague-Žižkov.

Kafka's writing attracted little attention until after his death. During his lifetime, he published only a few short stories. He finished the novella "The Metamorphosis", but never finished any of his full length novels. Kafka left his published and unpublished work to his friend and literary executor Max Brod with explicit instructions that it should be destroyed on his (Kafka's) death; Kafka wrote: "Dearest Max, my last request: Everything I leave behind me ... in the way of diaries, manuscripts, letters (my own and others'), sketches, and so on, [is] to be burned unread."^[32][33] Brod decided to ignore this request and went on to publish the novels and collected works between 1925 and 1935. The remaining papers were consigned to suitcases which he carried with him when he fled to Palestine in 1939.^[34] (His lover, Dora Diamant, also ignored his wishes, secretly keeping up to 20 notebooks and 35 letters until they were confiscated by the Gestapo in 1933. An ongoing international search is being conducted for these missing Kafka papers.) Brod, in fact, would oversee the publication of most of Kafka's work in his possession, which soon began to attract attention and high critical regard.

Max Brod encountered significant difficulty in compiling Kafka's notebooks into any chronological order as Kafka was known to start writing in the middle of notebooks, from the last page towards the first, etc.

All of Kafka's published works, except several letters he wrote in Czech to Milena Jesenská, were written in German.

Translation of Kafka's work into English[link]

Kafka often made extensive use of a characteristic particular to the German language allowing for long sentences that sometimes can span an entire page. Kafka's sentences then deliver an unexpected impact just before the full stop—that being the finalizing meaning and focus. This is achieved due to the construction of certain sentences in German which require that the verb be positioned at the end of the sentence. Such constructions are difficult to duplicate in English, so it is up to the resourceful translator to provide the reader with the same (or at least equivalent) effect found in the original text.^[35]

Another virtually insurmountable problem facing translators is how to deal with the author's intentional use of ambiguous terms and of words that have several meanings. One such instance is found in the first sentence of The Metamorphosis. English translators have often sought to render the word Ungeziefer as "insect"; in Middle German, however, Ungeziefer literally means "unclean animal not suitable for sacrifice"^[36] and is sometimes used colloquially to mean "bug" – a very general term, unlike the scientific sounding "insect". Kafka had no intention of labeling Gregor, the protagonist of the story, as any specific thing, but instead wanted to convey Gregor's disgust at his transformation. Another example is Kafka's use of the German noun Verkehr in the final sentence of The Judgment. Literally, Verkehr means intercourse and, as in English, can have either a sexual or non-sexual meaning; in addition, it is used to mean transport or traffic. The sentence can be translated as: "At that moment an unending stream of traffic crossed over the bridge."^[37] What gives added weight to the obvious double meaning of 'Verkehr' is Kafka's confession to Max Brod that when he wrote that final line, he was thinking of "a violent ejaculation".^[38]

Critical interpretations[link]

This article may contain original research. Please improve it by verifying the claims made and adding references. Statements consisting only of original research may be removed. More details may be available on the talk page. (November 2010)

Jaroslav Róna's bronze statue of Franz Kafka in Prague.

The multivalent nature of Kafka's prose allows for diverse interpretation—and for critics placing his works into a variety of literary schools.^[39] The hopelessness and absurdity populating his works are seen as emblematic of existentialism.^{[citation needed]} Some see a Marxist influence in his satirizing of bureaucracy as in The Castle, The Trial and In the Penal Colony;^[39] others point to anarchism as inspiring his skewering of bureaucracy.^{[citation needed]} Still others interpret his works through the lens of Judaism, especially Freudianism; (Borges made remarks in this regard).^[39] Or, as allegory of a metaphysical quest for God; (Thomas Mann was a proponent of this thesis).^[40]

The alienation and persecution found in Kafka's work are emphasized by critics—with good reason—but over-emphasis of these themes inspired counter-criticism by Gilles Deleuze and Félix Guattari. They argue, in Kafka: Toward a Minor Literature, that there is much more to his work than the stereotype of a lonely figure writing out of anguish; that Kafka's work is more deliberate and subversive—and more "joyful"—than may first appear. They point out that reading his work while focusing on the futility of his characters' struggles reveals Kafka's play at humor; that his work here isn't necessarily a reflection of his own struggles—rather it describes how people often invent struggles.^{[citation needed]} Biographers have noted that Kafka would read drafts of his works to his friends, typically concentrating on his humorous prose. Milan Kundera refers to Kafka's essentially surrealist humour as a main influence on later writers such as Federico Fellini, Gabriel García Márquez, Carlos Fuentes and Salman Rushdie.^{[citation needed]} García Márquez noted it was the reading of Kafka's The Metamorphosis that showed him "that it was possible to write in a different way."^{[citation needed]}

Law in Kafka's fiction[link]

Many attempts^[which?] have been made to examine Kafka's legal background and the role of law in his fiction. These attempts remain relatively few in number compared to the vast collection of literature devoted to the study of his life and works, and marginal to legal scholarship. Mainstream studies of Kafka's works normally present his fiction as an engagement with absurdity, a critique of bureaucracy or a search for redemption, failing to account for the images of law and legality which constitute an important part of "the horizon of meaning" in his fiction. The Law in Kafka's works is not usually interpreted to represent any particular legal or political entity. Rather, it is thought to represent the collection of anonymous, incomprehensible forces, hidden from the will and understanding of the individual, that control the lives of the people - innocent victims of systems beyond their control. Critics who support this absurdist interpretation of Kafka cite instances in which Kafka describes himself in conflict with an absurd universe, such as the following entry from his diary: "Enclosed in my own four walls, I found myself as an immigrant imprisoned in a foreign country...I saw my family as strange aliens whose foreign customs, rites, and very language defied comprehension...though I did not want it, they forced me to participate in their bizarre rituals...I could not resist." ^[41]

However, James Hawes argues many of Kafka's descriptions of the legal proceedings in The Trial – metaphysical, absurd, bewildering and "Kafkaesque" as they might appear – are, in fact, based on accurate and informed (although exaggerated) descriptions of German and Austrian criminal proceedings of the time, not well understood by many British or American people, who were familiar with an adversarial rather than inquisitorial system of justice.^[42] Similarly, the requirement for the traveller to register with the authorities in The Castle to stay a night seems repressive and odd to Britons and Americans, whereas in the present-day Germans (and most continental Europeans) are required to register their address (and hoteliers their guests) with the local authorities.^[43]

The significance of law in Kafka's fiction is also neglected within legal scholarship, for as Richard Posner pointed out, most lawyers do not consider writings about law in the form of fiction of any relevance to the understanding or the practice of law. Regardless of the concerns of mainstream studies of Kafka with redemption and absurdity, and what jurists such as Judge Posner might think relevant to law and legal practice, the fact remains that Kafka was an insurance lawyer who, besides being involved in litigation, was also "keenly aware of the legal debates of his day" (Ziolkowski, 2003, p. 224).^[44]

In a recent study which uses Kafka's office writings^[45] as its point of departure, Reza Banakar argues that "legal images in Kafka's fiction are worthy of examination, not only because of their bewildering, enigmatic, bizarre, profane and alienating effects, or because of the deeper theological or existential meaning they suggest, but also as a particular concept of law and legality which operates paradoxically as an integral part of the human condition under modernity.^[46] To explore this point Kafka's conception of law is placed in the context of his overall writing as a search for Heimat which takes us beyond the instrumental understanding of law advocated by various schools of legal positivism and allows us to grasp law as a form of experience" (see Banakar 2010).

Publications[link]

Much of Kafka's work was unfinished, or prepared for publication posthumously by Max Brod. The novels The Castle (which stopped mid-sentence and had ambiguity on content), The Trial (chapters were unnumbered and some were incomplete) and Amerika (Kafka's original title was The Man who Disappeared) were all prepared for publication by Brod. It appears Brod took a few liberties with the manuscript (moving chapters, changing the German and cleaning up the punctuation), and thus the original German text was altered prior to publication. The editions by Brod are generally referred to as the Definitive Editions.

According to the publisher's note^[47] for The Castle,^[48] Malcolm Pasley was able to get most of Kafka's original handwritten work into the Oxford Bodleian Library in 1961. The text for The Trial was later acquired through auction and is stored at the German literary archives^[49] at Marbach, Germany.^[48]

Subsequently, Pasley headed a team (including Gerhard Neumann, Jost Schillemeit and Jürgen Born) in reconstructing the German novels and S. Fischer Verlag republished them.^[50] Pasley was the editor for Das Schloß (The Castle), published in 1982, and Der Prozeß (The Trial), published in 1990. Jost Schillemeit was the editor of Der Verschollene (Amerika) published in 1983. These are all called the "Critical Editions" or the "Fischer Editions." The German critical text of these, and Kafka's other works, may be found online at The Kafka Project.^[51] This site is continuously building the repository.

There is another Kafka Project based at San Diego State University, which began in 1998 as the official international search for Kafka's last writings. Consisting of 20 notebooks and 35 letters to Kafka's last companion, Dora Diamant (later, Dymant-Lask), this missing literary treasure was confiscated from her by the Gestapo in Berlin 1933. The Kafka Project's four-month search of government archives in Berlin in 1998 uncovered the confiscation order and other significant documents. In 2003, the Kafka Project discovered three original Kafka letters, written in 1923. Building on the search conducted by Max Brod and Klaus Wagenbach in the mid-1950s, the Kafka Project at SDSU has an advisory committee of international scholars and researchers, and is calling for volunteers who want to help solve a literary mystery.^[52]

In 2008, academic and Kafka expert James Hawes accused scholars of suppressing details of the pornography Kafka subscribed to (published by the same man who was Kafka's own first publisher) in order to preserve his image as a quasi-saintly "outsider".^[29]

In 2010 a series of boxes containing writings, letters and sketches of the author thought to be lost were opened. Among the writings was a short story by Kafka.^[53]

Translations[link]

There are two primary sources for the translations based on the two German editions. The earliest English translations were by Edwin and Willa Muir and published by Alfred A. Knopf. These editions were widely published and spurred the late-1940s surge in Kafka's popularity in the United States. Later editions (notably the 1954 editions) had the addition of the deleted text translated by Eithne Wilkins and Ernst Kaiser. These are known as "Definitive Editions." They translated both The Trial, Definitive and The Castle, Definitive among other writings. Definitive Editions are generally accepted to have a number of biases and to be dated in interpretation.

After Pasley and Schillemeit completed their recompilation of the German text, the new translations were completed and published – The Castle, Critical by Mark Harman (Schocken Books, 1998), The Trial, Critical by Breon Mitchell (Schocken Books, 1998) and Amerika: The Man Who Disappeared by Michael Hoffman (New Directions Publishing, 2004). These editions are often noted as being based on the restored text.

Published works[link]

Short stories

• "Description of a Struggle" ("Beschreibung eines Kampfes", 1904–1905)
• Contemplation (Betrachtung, 1904–1912)
• "Wedding Preparations in the Country" ("Hochzeitsvorbereitungen auf dem Lande", 1907–1908)
• "The Aeroplanes At Brescia" ("Die Aeroplane in Brescia", September 1909)
• "The Judgment" ("Das Urteil", 22–23 September 1912)
• "The Stoker" ("Der Heizer", 1913)
• "In the Penal Colony" ("In der Strafkolonie", October 1914)
• "The Village Schoolmaster" ("Der Dorfschullehrer" or "Der Riesenmaulwurf", 1914–1915)
• "Blumfeld, an Elderly Bachelor" ("Blumfeld, ein älterer Junggeselle", 1915)
• "The Warden of the Tomb" ("Der Gruftwächter", 1916–1917), the only play Kafka wrote
• "The Hunter Gracchus" ("Der Jäger Gracchus", 1917)
• "The Great Wall of China" ("Beim Bau der Chinesischen Mauer", 1917)
• "A Report to an Academy" ("Ein Bericht für eine Akademie", 1917)
• "Jackals and Arabs" ("Schakale und Araber", 1917)
• "A Country Doctor" ("Ein Landarzt", 1919)
• "An Old Manuscript" ("Ein altes Blatt", 1919)
• "The Refusal" ("Die Abweisung", 1920)
• "A Hunger Artist" ("Ein Hungerkünstler", 1924)
• "Investigations of a Dog" ("Forschungen eines Hundes", 1922)
• "A Little Woman" ("Eine kleine Frau", 1923)
• "First Sorrow" ("Erstes Leid", 1921–1922)
• "The Burrow" ("Der Bau", 1923–1924)
• "Josephine the Singer, or the Mouse Folk" ("Josephine, die Sängerin, oder Das Volk der Mäuse", 1924)

Many collections of the stories have been published, and they include:

• The Penal Colony: Stories and Short Pieces. New York: Schocken Books, 1948.
• The Complete Stories, (ed. Nahum N. Glatzer). New York: Schocken Books, 1971.
• The Basic Kafka. New York: Pocket Books, 1979.
• The Sons. New York: Schocken Books, 1989.
• The Metamorphosis, In the Penal Colony, and Other Stories. New York: Schocken Books, 1995.
• Contemplation. Twisted Spoon Press, 1998.
• Metamorphosis and Other Stories. Penguin Classics, 2007
• Kafka's Greatest Stories. Vook, 2010. (Enhanced with video providing historical background on Kafka's life and influences.)
• Essential Kafka: Rendezvous with Otherness. Bloomington, IN: Authorhouse, 2011.

Novellas

• The Metamorphosis (Die Verwandlung, November – December 1915)

Novels

• The Trial (Der Prozeß, 1925) (includes short story "Before the Law")
• The Castle (Das Schloß, 1926)
• Amerika (Amerika or Der Verschollene, 1927)

Diaries and notebooks

• Diaries 1910–1923
• The Blue Octavo Notebooks

Letters

• Letter to His Father
• Letters to Felice
• Letters to Ottla
• Letters to Milena
• Letters to Family, Friends, and Editors

Commemoration[link]

Franz Kafka has a museum dedicated to his work in Prague, Czech Republic.

The term "Kafkaesque" is widely used to describe concepts, situations and ideas which are reminiscent of Kafka's works, particularly The Trial and The Metamorphosis.

The term has been described as "marked by a senseless, disorienting, often menacing complexity: Kafkaesque bureaucracies"^[54] and "marked by surreal distortion and often a sense of impending danger: Kafkaesque fantasies of the impassive interrogation, the false trial, the confiscated passport ... haunt his innocence."^[55] It can also describe an intentional distortion of reality by powerful but anonymous bureaucrats. "Lack of evidence is treated as a pesky inconvenience, to be circumvented by such Kafkaesque means as depositing unproven allegations into sealed files..." Another definition would be an existentialist state of ever-elusive freedom while existing under unmitigable control. The adjective refers to anything suggestive of Kafka, especially his nightmarish style of narration, in which characters lack a clear course of action, the ability to see beyond immediate events, and the possibility of escape. The term's meaning has transcended the literary realm to apply to real-life occurrences and situations that are incomprehensibly complex, bizarre, or illogical.

In Mexico, the phrase "Si Franz Kafka fuera mexicano, sería costumbrista" (If Franz Kafka were Mexican, he would be a Costumbrista writer) is commonly used in newspapers, blogs and online forums to tell how hopeless and absurd the situation in the country is.^[56]

Asteroid 3412 Kafka was named after the author.

The Franz Kafka Prize was established in 2001, to recognize the artwork's "humanistic character and contribution to cultural, national, language and religious tolerance, its existential, timeless character, its generally human validity and its ability to hand over a testimony about our times."^[57]

Literary and cultural references[link]

• Nobel Prize winner Isaac Bashevis Singer wrote a short story called "A Friend of Kafka," which was about a Yiddish actor called Jacques Kohn who said he knew Franz Kafka. In this story, according to Jacques Kohn, Kafka believed in the Golem, a legendary creature from Jewish folklore.^[58] Kafkaesque by Tachyon Publications is an anthology of short stories inspired by the works of Franz Kafka. Kafka Americana by Jonathan Lethem and Carter Scholz is a collection of stories based on Kafka's life and works. Other works inspired by Kafka include Kafka on the Shore by Haruki Murakami, The Kafka Effekt by American bizarro author D. Harlan Wilson, a chapter from Vertigo by W. G. Sebald, and Kafka's Soup by Mark Crick.
• Kafka (1991) Jeremy Irons stars as the eponymous author. Written by Lem Dobbs and directed by Steven Soderbergh, the movie mixes his life and fiction providing a semi-biographical presentation of Kafka's life and works. The story concerns Kafka investigating the disappearance of one of his work colleagues. The plot takes Kafka through many of the writer's own works, most notably The Castle and The Trial.
• Franz Kafka's It's a Wonderful Life is an Oscar-winning short film written and directed by Peter Capaldi and starring Richard E. Grant as Kafka.
• Franz Kafka (1992) at the Internet Movie Database: an animated film by Piotr Dumała
• Alan Bennett, Kafka's Dick, 1986, a play in which the ghosts of Kafka, his father Hermann and Max Brod arrive at the home of an English insurance clerk (and Kafka aficionado) and his wife.
• Milan Richter, Kafka's Hell-Paradise, 2006, a play with 5 characters, using Kafka's aphorisms, dreams and re-telling his relations to his father and to the women. Translated from the Slovak by Ewald Osers.^{[citation needed]}
• Milan Richter, Kafka's Second Life, 2007, a play with 17 characters, starting in Kierling where Kafka is dying and ending in Prague in 1961. Translated from the Slovak by Ewald Osers.^{[citation needed]}
• In the 2001 episode "Director's Cut" of the American animated series Home Movies, Duane composes a rock opera based on Kafka's Metamorphosis, which Brendon films.
• Danish composer Poul Ruders wrote an opera Kafka's Trial based on the novel and parts of Kafka's life. It was first performed in 2005, and has been released on CD. Hungarian composer György Kurtág wrote a piece for soprano and violin, using fragments of Kafka's diary and letters: Kafka-Fragmente, Op. 24, 1985.
• In 2011, BBC Radio 3 produced Kafka the Musical as part of their "Play of the Week" programme. Franz Kafka was played by David Tennant.^[59]

References[link]