法视野下的卡夫卡与《诉讼》

发布时间：2018-03-24 08:37

本文选题：卡夫卡　切入点：《诉讼》　出处：《南京大学》2017年硕士论文

【摘要】：卡夫卡短短41年的生涯,给世人留下的文学作品不多,其生前默默无名,死后逐渐为世人所知并获得巨大声誉。长篇小说仅有三部:《美国》、《诉讼》和《城堡》,俱未完结。《诉讼》作为卡夫卡写作风格成型之际的重要作品,也是其三部长篇中唯一写出结局部分的代表作,其重要性不言自明。长久以来,对《诉讼》的研究都呈现出一种矛盾的情形,虽研究视角和研究方法多有创新,但奠定文本叙事框架的"法"以及诉讼程序本身都未能得到足够的重视。表现在研究中,"法"作为叙事起点却成为最模糊不定的概念,时而化身现实存在的实体,时而又作为不可捉摸的无声无形的神秘现象。而奠定小说基本框架的诉讼程序,仅仅因为不可解而被笼统概括为荒诞世界和混乱秩序的标志,因而对文本情节的描述也仅停留在了浮光掠影式的介绍层面。本文将以《诉讼》为核心研究文本,并联系《判决》、《叩击庄园大门》、《在流刑营》、《拒绝》等作品,揭开卡夫卡作为法律人笔下的"法"的神秘面纱,同时将借助肇起于上世纪七十年代美国并随后风靡全世界的"法律与文学"运动的研究成果,在文本细读的基础上,剖析"法"在《诉讼》中的意义,"法"如何赋予了主人公被告的尴尬身份并将其延阻在"有罪待审"的处境中,终身无法踏入到法律之门;"法"无疑在文本中同时扮演了双重角色:即作为不自由的隐喻和拯救的希望同时出现。前者通过预审法院无所不在的权力挤压K越显逼仄的生存空间,后者则通过矗立在远处却从不现身的高级法院,让K的一系列行动,都有了崇高的意义。卡夫卡一生热爱写作,却在生活中饱受父权的阴影与威压。《诉讼》中的"法"与卡夫卡生活中的父权,具有天然的亲近。本文认为,作者运用刑事法律程序作为框架,在《诉讼》这部小说中精心构造了一场看似荒诞的案件,通过对现实的夸张、变形与戏仿,深刻展示了现代社会背景下人类所处的荒诞处境和生存境遇。正如奥登所言:"卡夫卡对我们至关重要,因为他的困境就是现代人的困境。"卡夫卡的《诉讼》虽然在描写一场看似荒唐的诉讼案件,但其本意与作为叙事材料的法律、法权系统都没有太大的关联,作者通过描写主人公约瑟夫· K的一系列遭遇与处境,揭示了作为命运主体的现代人在现代文明视野下的生存困境与精神焦虑,充分展示了卡夫卡对现代社会与人类命运的关怀与思考。
[Abstract]:Kafka, in a short career of 41 years, left few literary works for the world. After death the world gradually became known and gained a great reputation. There are only three novels: America, Litigation and Castle. Litigation is an important piece of work when Kafka's writing style took shape. It is also the only representative work written in the final part of his three long works, the importance of which is self-evident. For a long time, the study of Litigation has presented a contradictory situation, although there are many innovations in research perspectives and methods. However, neither the law nor the procedure itself, which establishes the narrative framework of the text, has been paid enough attention to. In the study, Law, as the starting point of narration, has become the most vague and uncertain concept, sometimes incarnating the entity of reality. Sometimes as an inscrutable, silent, invisible mystery. And the proceedings that lay down the basic framework of the novel are generally summed up as symbols of the absurd world and chaotic order simply because they are incomprehensible, Therefore, the description of the plot of the text only stays at the level of introduction. This paper will study the text with lawsuit as the core, and contact with the works of judgment, knocking at the Manor Gate, in the Camp of torture, refusing, and so on. To uncover the mystery of Kafka's "law" as a legal person, and at the same time to draw on the research results of the "Law and Literature" movement, which began in the United States in the 1970s and later became popular all over the world, on the basis of careful reading of the text. Analyzing the meaning of "Law" in "Litigation", how the "Law" gives the protagonist an embarrassing identity and delays it in the situation of "guilty pending trial", "Law" undoubtedly plays a dual role in the text: both as an unfree metaphor and as a hope of salvation. The former becomes more and more evident through the omnipresent power of the Pre-Trial Court. Narrow living space, The latter, by standing in the distance but never appearing in the High Court, gave K's series of actions a noble meaning. Kafka loved writing all his life. "Law" in "Litigation" and "paternity" in Kafka's life have natural closeness. This paper holds that the author uses the criminal legal procedure as the framework, "the law" in "Litigation" and the "paternity" in Kafka's life are naturally close to each other. In Litigation, the novel has carefully constructed a seemingly absurd case, through the exaggeration, distortion and parody of reality. A profound demonstration of the absurdity and survival of human beings in the context of modern society. As Oden put it: "Kafka is of great importance to us. Because his dilemma is that of modern people. "Kafka's Litigation, although it describes a seemingly absurd lawsuit, has little to do with the law as a narrative material, the legal system," By describing a series of encounters and situations of the protagonist Joseph K., the author reveals the plight and spiritual anxiety of modern people as the subject of fate in the vision of modern civilization. It fully demonstrates Kafka's concern and thinking about modern society and human destiny.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：I521.074

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