The Kafkaesque System of Justice for the Middle Class

In Franz Kafka’s book “The Trial”, Kafka presents a parable which is often translated as being titled “Before the Law”. In this parable, Kafka describes a man who comes from the Country seeking the law. But when he arrives he is greeted by a large and imposing “gatekeeper” who tells the old man that he cannot get in to be Before the Law. The old man asks what would happen if he were to just walk past the gatekeeper and the gatekeeper and the gatekeeper responds that even if the old man were to get past him, there were more and bigger and meaner gatekeepers that would keep him from accessing the law. ┬áThe man waits for years to get access to the law. In fact, the old man waits so long, he dies waiting and without ever getting “Before the Law”.

Sadly, Kafka’s parable describes today’s American justice system for poor and middle class families. The American justice system is accessible only to lawyers and their wealthy clients. Some of the clients are individuals in the upper economic echelons, but most are corporations and government agencies.

Surely the Founders intended for a fair, impartial, and independent judiciary that would serve not merely the wealthy, but all Americans equally.

Silencing the middle class and the poor means silencing the vast number of Americans.

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