Law, Literature and Justice. Iusphilosophical Approaches from Walter Benjamin and Franz Kafka

The present work proposes certain iusphilosophical approaches to legal discourse, based on the studies carried out by Walter Benjamin on Franz Kafka. The study implements the methodological tools provided by the "critical legal studies" and the theoretical frameworks that investigate the "law-literature" relationship. The texts, discussions and notes made by Benjamin allow to mobilize an analysis of certain topics and categories belonging to the legal space. The investigations around the figure of Kafka, offer inputs to investigate the formation, deployment and preservation of the law. From Kafka, Benjamin makes visible and disarticulates the nodal concepts of justice, law, power and violence, which allows to account for the mechanisms and devices that make possible the mythology of law.