Law and Literature: Paul Celan's Todesfuge

Introduction

• This course aims to explore the intersection of law and literature.
• Students will analyze various literary works to understand the portrayal of legal themes, systems, and concepts.

Course Structure

• The course is divided into three units, each focusing on a different author and their work:
  • Unit 1: Paul Celan's "Todesfuge"
  • Unit 2: Ferdinand von Schirach's Terror
  • Unit 3: Franz Kafka

Assessment

• Continuous assessment will be 30% of the final grade.
• An in-house essay worth 70% will be due in week 12, on November 29th.

Unit 1: Paul Celan, "Todesfuge"

• "Todesfuge" means “death fugue,” a musical form characterized by repetition and interweaving themes.
• In the poem, Celan uses this musical analogy to explore themes of death, memory, and the Holocaust.
• The poem's opening image, "Schwarze Milch der Frühe”, juxtaposes a "black milk of the morning" with the typical image of milk as a symbol of nourishment and purity.
• The poem's use of personal pronouns, possessive pronouns, temporal, and spatial adverbs contribute to its overall meaning.

Unit 2: Ferdinand von Schirach, Terror

• Terror is a play exploring the dilemma of balancing moral responsibility with a legal framework.
• The play revolves around the trial of Lars Koch, a fighter pilot accused of shooting down a hijacked plane.
• The play confronts the “trolley cart problem” (Weichenstellerfall), a thought experiment about choosing between saving one life at the cost of another.

Key Terms

• der Angeklagte - the accused
• das Bundesverfassungsgericht - the Federal Constitutional Court
• das Ermittlungsverfahren - investigation proceedings
• der Freispruch - the acquittal
• der Kläger - the plaintiff
• der Mandant - the client
• der Nebenkläger - joint plaintiff
• übergesetzlicher Notstand - emergency beyond law
• der Protokollführer - the person taking the minutes
• der Staatsanwalt - the public prosecutor
• das Schwurgericht - the court of first instance
• Schöffen/Laienrichter - lay judges
• das Strafgesetzbuch - the German Criminal Code
• das Urteil - the judgement
• der Verteidiger - the defence lawyer
• die Veruteilung - the conviction
• der Vorsitzende - the presiding judge
• der Wachtmeister - the sergeant
• der Zeuge - the witness

Unit 3: Franz Kafka

• Kafka is a renowned writer known for his exploration of alienation, absurdity, and the power of social structures.
• “Der Schlag ans Hoftor” (also known as "Es war im Sommer...") and “Vor dem Gesetz” are short stories that explore themes of law, justice, and the human condition.

"Der Schlag ans Hoftor"

• The story follows a man’s journey to gain entry through a gate that represents the realm of law.
• The discrepancy in aging between the man and the gatekeeper symbolizes the passage of time in the face of bureaucratic barriers.
• The dying man’s perception of a "glanz" (brightness) emanating from the gate signifies a glimmer of hope, perhaps a glimpse of truth or justice.
• The doorkeeper's pronouncements at the end highlight the theme of inaccessibility and the ultimate futility of pursuing justice

Themes

• The study notes cover themes related to:
  • The role of law in society
  • The nature of justice
  • The power of language and interpretation
  • The relationship between law and morality
  • The impact of historical events on literature

This quiz explores Paul Celan's poem 'Todesfuge' and its complex themes of death, memory, and the Holocaust. Students will analyze literary techniques and the portrayal of legal concepts within the text. Dive deeper into the intersectionality of law and literature through this poignant work.