Law and Literature Course Overview

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Questions and Answers

What is the primary focus of Unit 1 in the course?

Study of legal principles in literature

Analysis of Celan's 'Todesfuge' (correct)

Analysis of Kafka's works

Preparation for the in-house essay

Which aspect is emphasized in the analysis of Celan's 'Todesfuge'?

The poem's musical analogy (correct)

The historical context of the poem

The philosophical implications of death

The use of dramatic dialogue

What role do personal pronouns play in 'Todesfuge' according to the study guide?

They remain static throughout the poem.

They are used only in the beginning.

They shift in perspective, indicating change. (correct)

They are rarely used to maintain ambiguity.

Which element is used sparingly by the poet in 'Todesfuge'?

Adjectives Signup and view all the answers

What is the significance of the opening line 'Schwarze Milch der Frühe' in the poem?

It represents a darkened existence. Signup and view all the answers

Which characters are notably repeated in 'Todesfuge'?

Margarete and Sulamith Signup and view all the answers

How are temporal adverbs utilized in 'Todesfuge'?

To suggest continuity in themes. Signup and view all the answers

What is the overall assessment breakdown for the course?

30% continuous assessment, 70% essay Signup and view all the answers

What is suggested by the phrase 'the doorman does not age' in relation to the concept of the Law?

The Law is eternal and unchanging. Signup and view all the answers

How can the phrase 'im Dunkel einen Glanz, der unverlöschlich aus der Türe des Gesetzes bricht' be interpreted?

It symbolizes hope emerging from the confines of the Law. Signup and view all the answers

What does the doorman communicate to the dying man at the end of the narrative?

He states that the man is not permitted to enter. Signup and view all the answers

How is the legal system depicted through the interactions between the man and the doorman?

As an inaccessible and bureaucratic structure. Signup and view all the answers

What does Kafka's portrayal of the Law suggest about justice and personal agency?

The Law often obstructs individual justice. Signup and view all the answers

What principle does the public prosecutor emphasize must be always respected to ensure societal survival in times of terror?

Respect for human dignity Signup and view all the answers

What is Lars Koch primarily accused of?

Shooting down a commercial airliner Signup and view all the answers

How does the defense lawyer justify the act of killing a few to save many, referring to 'das kleinere Übel'?

By discussing moral consequences of inaction Signup and view all the answers

Which case is referenced to illustrate the conviction of Lars Koch, highlighting the complexities of justifiable actions?

The Queen versus Dudley and Stephens Signup and view all the answers

What argument does the defence lawyer reference related to German law?

Luftsicherheitsgesetz Signup and view all the answers

What is the key ethical question raised about the implications of killing in dire situations?

Is it ever justified to kill innocents to save others? Signup and view all the answers

According to the defence lawyer, what must be understood about the principles of the constitution?

They have limits in critical situations Signup and view all the answers

In her closing argument, what does the public prosecutor imply is essential for a free society to thrive amidst threats?

Continuous respect for the principles of the rule of law Signup and view all the answers

What crucial consideration did Lars Koch have during his training as a fighter pilot?

Legal implications of shooting down hijacked planes Signup and view all the answers

What type of literary pieces are 'Der Schlag ans Hoftor' and 'Vor dem Gesetz' considered?

Parables that convey moral truths Signup and view all the answers

What significant question does Franziska Meiser ask regarding the hijacking incident?

Was there an alternative to shooting down the plane? Signup and view all the answers

What aspect of her concluding speech does the public prosecutor emphasize?

The emotional impact on victims' families Signup and view all the answers

In the context of the discussions, what is meant by 'rechtsstaat' or rule of law?

An order where principles of justice are upheld equally Signup and view all the answers

What does the public prosecutor believe would be compromised if human dignity is not respected?

The foundation of a democratic society Signup and view all the answers

What does the public prosecutor reference as an analogy in arguing her case?

The 'Trolley Problem' Signup and view all the answers

Which court decision is pivotal in the discussions surrounding the Luftsicherheitsgesetz?

Bundesverfassungsgericht Decision Signup and view all the answers

What is a primary motif presented in the story?

The inevitability of fate Signup and view all the answers

How is the relationship between the narrator and his sister characterized?

Companionate but strained Signup and view all the answers

What does the doorman imply when he tells the Mann vom Lande that entry is not granted?

The law is only for certain individuals Signup and view all the answers

What emotional atmosphere is created with the arrival of the horsemen?

Dreadful and oppressive Signup and view all the answers

What does the phrase 'das Gesetz soll doch jedem und immer zugänglich sein' suggest about the narrator's perception of the law?

Law should be easily accessible to all Signup and view all the answers

Which character serves as the main obstacle for the Mann vom Lande in his pursuit of legal entry?

The doorman Signup and view all the answers

What aspect of time is depicted through the Mann vom Lande's attempts to gain entry?

Time is depicted as circular and repetitive Signup and view all the answers

What is the significance of the final line of the story?

It emphasizes the futility of the man's quest Signup and view all the answers

Study Notes

Course Overview

The course examines the relationship between law and literature
Students will analyse the works of authors including Paul Celan, Ferdinand von Schirach and Franz Kafka,
The course is assessed through continuous assessment (30%) and an in-house essay (70%).
Materials are accessible through Canvas and the campus bookshop.

Unit 1 - Paul Celan, "Todesfuge"

"Todesfuge" is a poem by Paul Celan
It explores themes of death, violence, and the Holocaust
The poem uses complex imagery and musical language (a fugue) to convey its message.
The opening line "Schwarze Milch der Frühe" creates a chilling and unsettling atmosphere.

Unit 2 - Ferdinand von Schirach, Terror

The play Terror is a fictional courtroom drama about the justifications of killing innocent people to prevent greater harm
The story revolves around Lars Koch, a fighter pilot who shoots down a hijacked plane.
The play explores controversial legal issues such as the balance between individual rights and public safety, and the limits of the law in extreme circumstances
Von Schirach's play is highly relevant in the age of terrorism and global security concerns.

Unit 3 - Franz Kafka

"Der Schlag ans Hoftor" is a parable that explores themes of injustice, isolation, and the ambiguity of the law
"Vor dem Gesetz" is another parable that examines the power of legal systems and the difficulty of accessing justice
Kafka's works are often characterised by their surrealism, psychological depth, and unsettling portrayals of bureaucratic systems.

Ferdinand von Schirach, Terror

The Text
- Part 1: Details Lars Koch's accusation.
- Defence Lawyer: Highlights arguments in favor of Lars Koch, including the limitations of constitutional principles in extreme circumstances.
- Christian Lauterbach (Witness): Provides a timeline of events during the plane hijacking.
- Lars Koch: Details his upbringing, training and the legal considerations he weighed before his decision to shoot down the plane.
- Public Prosecutor: Argues against Lars Koch's actions.
- Franziska Meiser (Plaintiff) Poses the crucial question of whether killing innocent people is ever justified in a legal framework.
- Second Act: The public prosecutor’s concluding speech references the “Trolley Cart Problem” and emphasizes the importance of upholding human dignity as the basis for a free society.
- Defence Lawyer’s Concluding Speech: Advocates for the "lesser evil" principle and provides examples to illustrate the complexities involved.
- The Verdict: The play presents two alternate endings, one with Lars Koch being convicted, and the other with him being acquitted.
Key Questions
- The play prompts deep reflection on the legitimacy of killing in certain circumstances and explores the ethical and legal dilemmas surrounding the choices made by individuals in extreme situations.

Franz Kafka, "Der Schlag ans Hoftor"

The story starts in a village, where an ominous atmosphere is established by descriptions of the weather and the villagers' behavior.
The legal terms used are vague, contributing to the overall sense of ambiguity surrounding the law.
The arrival of the horsemen marks a shift in the story and the narrator’s perception of the situation.
The judge’s description contributes to the chilling effect of the story, reinforcing the notion of power wielded by authority.

Franz Kafka, "Vor dem Gesetz"

The story is about a man seeking access to the law, represented by a doorman.
The title, "Vor dem Gesetz," can be translated as "Before the Law."
Both the doorman and the man are described in detail.
The man repeatedly tries to enter the law but is consistently deterred by the doorman.
The man eventually dies before achieving access to the law, symbolizing the inaccessibility of justice.
The ending leaves the reader with an ambiguous interpretation of the man’s journey and the nature of the law.

These are just a few key facts to help you study. It's important to read the texts carefully to understand their nuances and themes!

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Description

This course explores the intricate relationship between law and literature, featuring works by authors such as Paul Celan, Ferdinand von Schirach, and Franz Kafka. Students will critically analyze themes presented in these works, including death, violence, and morality, culminating in assessments comprising both continuous evaluation and an in-house essay.