Derrida On Before The Law
Derrida On Before The Law
Derrida On Before The Law
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Raphael Foshay
Athabasca University
and the critical exploration by Derrida of a particularly dense and concise text
by Kafka, titled "Before the Law." What is exposed by Kafka's text in relation to
Derrida's reading of it is the need for Kantian critical reflection on what we bring
to the act of reading and critical debate.
In one of the classic position essays of what subsequently came to be termed
the New Criticism, T.S. Eliot, in "Tradition and the Individual Talent," describes
the basis for the sovereignty of the text upon which New Criticism founded its
approach: "The effect of the work of art upon the person who enjoys it," writes
Eliot, "is an experience different in kind from any experience not of art" (809).
Eliot makes this observation preliminary to introducing a key distinction that
supports one of the central purposes of his essay: the presentation of what he names
his "impersonal theory of poetry" (809). Eliot distinguishes between emotion and
is not a turning loose of emotion, but an escape from emotion; it is not the
expression of personality, but an escape from personality. But, of course, only
those who have personality and emotions know what it means to want to escape
from these things. (810)
Eliot takes here a doorkeeper's position, insisting that we shed the garments of
our subjectivity at the door of the text. He adopts the stance of the high priest of
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And this is the final word, the conclusion or closure of the story.
The text would be the door, the entrance (Eingang), what the doorkeeper has
just closed. And to conclude, I shall start from this judgment, with this conclusion
of the doorkeeper. As he closes the object, he closes the text. Which, however,
closes on nothing. The story Before the Law does not tell or describe anything but
itself as text. It does only this or does also this. Not within an assured specular
reflection of some self-referential transparency?and I must stress this point?but
in the unreadability of the text, if one understands by this the impossibility of
acceding to its proper significance and its possibly inconsistent content, which it
jealously keeps back. The text guards itself, maintains itself?like the law, speaking
only of itself, that is to say, of its non-identity with itself. It neither arrives nor lets
anyone arrive. It is the law, makes the law and leaves the reader before the law.
To be precise. We are before this text that, saying nothing definite and
presenting no identifiable content beyond the story itself, except an endless
differance, till death, nonetheless remains strictly intangible. Intangible: by this
I understand inaccessible to contact, impregnable, and ultimately ungraspable,
incomprehensible. (210-211)
In observing that "the text guards itself, maintains itself?like the law, speaking
only of itself, that is to say its non-identity with itself," Derrida foregrounds that
structural ambiguity mentioned in our discussion of the text in New Criticism.
The text is a determinate, even material, certainly empirical form of words. It is
these words, in this order. At the same time what is precisely literary about them,
as potent and palpable as this might be to our experience, remains indeterminately
elusive, certainly immaterial, perhaps structural, to some degree rhetorical. The
text is a contradictory combination, in Kantian terms, of a uniquely intellectual
sensation and multivalent figurative connotations.9 The notion of differance
helpfully configures this oxymoronic density and dispersal of significance in and
of the text, and effectively embodies the way we remain captive to the difference
and deferral of the process of reading and to the dissemination inherent in our
speaking and writing about it. In this sense deconstruction is a reverse formalism.
Instead of foregrounding, in canonical formalist fashion, the elusive palpability
of the literary object, deconstruction reminds us of the structural angularity and
eccentricity not only of the text but also of our interaction with it. In its emphasis
on the differential and disseminative action of language and of the text, on those
qualities most evident in its written medium, deconstruction is a formalism of a
more originary kind. It attributes to the "always already" character of language
a determining, structurating, influence not only on the path and itinerary of
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At length his eyesight begins to fail, and he does not know whether it is really
darker or his eyes are only deceiving him. Yet in his darkness he is now aware of a
radiance that streams inextinguishably from the gateway of the Law.
If the man cannot tell if the darkness is real or an effect of his own vision, then
of course the gateway through which flows the radiance of the law may be either
exterior or interior, objective or subjective, actual or merely notional. The door
made only for him that the doorkeeper claims he will now finally close is the door
of the mans failing perception. The only gate over which the doorkeeper has any
power is given to him in and through the very question asked of him. The man
defers to him and in doing so enacts his difference, his exclusion, from the law.
The doorkeeper's power arises from the man's assumption that the doorkeeper
keeps something and knows something that he, the man from the country, must
search out: something that in his rustic naivete he thinks himself to lack. The
law, the artwork, the literary text truly is accessible at all times and to everyone
insofar as it is not only a material object, is not in anyone's exclusive guardianship,
is not closed upon itself, cannot entirely withhold itself and succeed as text. It
will not yield itself up to ownership and possession, however many obstacles
created, intentionally and otherwise, by guardians of the text. And of course, the
text is no more subject than it is object, is both subject and object, is neither
an organic world in itself nor an opaque rebus. Neither is it a merely subjective
readerly construct. Rather, it is a scene of encounter, a mediated, necessarily serial
conversation, that is to say at the very least a dialectical encounter of subject with
object, and like all good encounters is by definition ongoing, inherently dynamic,
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It is this failure to see the mutuality of the relation between self and other that
results in a struggle for domination. Such an impulse to domination is a pre
dialectical, dualistic reification, what we have identified in both New Criticism
and in deconstruction as objectification, on the one hand as the sovereignty of the
text and on the other as the determining precondition of language in constructing
and deferring interpretation. They give rise to an approach to the literary text that
either alienates the reader from the text or the text from the reader.
Among Kafka's presuppositions, not the least is that the contemplative relation
between the text and the reader is shaken to its very roots.... Anyone who sees this
and does not choose to run away must stick out his head, or rather try to batter
down the wall with it at the risk of faring no better than his predecessors. As in
fairy-tales, their fate serves not to deter but to entice. As long as the word has not
been found, the reader must be held accountable. (246)
The door of the text is neither closed nor open, both closed and open. The
question of whether such a dialectical relation is itself a closed or open one is
likewise in its tension or antinomy both closed and open (and therefore of course
also neither). It is a law of the type that neither forces nor can be enforced. For
Kant the characteristic of moral law consists in our autonomously imposing that
law on ourselves.14 The sovereignty of the work of art is the way it brings us face
to face with both our general participation as audience in the human condition
Notes
1 For Kant, in his characteristic dualism, the empirical and the aesthetic remain distinct:
"It is an empirical judgment that I perceive and judge an object with pleasure. But it is an a
priori judgment that I find it beautiful, i.e., that I may require that satisfaction of everyone as
necessary" {Critique 5: 289).
2As Kant elaborates, in emphasizing the subjective, non-conceptual, and yet universal
character of aesthetic response:
For since the ground of the pleasure is placed merely in the form of the object of
reflection in general, hence not in any sensation of the object and also without
relation to a concept that contains any intention, it is only the lawfulness in the
empirical use of the power of judgment in general (unity of imagination with
the understanding) in the subject with which the representation of the object
in reflection, whose a priori conditions are universally valid, agrees; and since
this agreement of the object with the faculties of the subjective is contingent, it
produces the representation of a purposiveness of the object with regard to the
cognitive faculties of the subject. {Critique 5: 190)
3 For Kant the distinction between aesthetic and moral response has to do with investment
in the actuality of the object:
Everyone must admit that a judgment about beauty in which there is mixed the
least interest is very partial and not a pure judgment of taste. One must not be in the
least biased in favor of the existence of the thing, but must be entirely indifferent in
this respect in order to play the judge in matters of taste. {Critique 5: 205)
4A term introduced by T.S. Eliot in his essay "Hamlet and His Problems" (1919). Eliot
observes that there is something in Hamlet which Shakespeare cannot "drag into the light,
contemplate, or manipulate into art," at least not in the same way that he can with Othello's
jealousy, or Coriolanus' pride. He goes on to deduce that "the only way of expressing emotion
in the form or art is by finding an 'objective correlative'; in other words, a set of objects, a
situation, a chain of events which shall be the formula for that particular emotion; such that
when the external facts, which must terminate in a sensory experience, are given, the emotion is
immediately evoked" {SelectedEssays 144-145; "Objective Correlative").
5 For a discussion of the specifically English context of this emergence, Terry Eagleton's "The
Rise of English" (2008) remains one of the most lively and provocative.
7 This story also appears verbatim in the penultimate chapter of The Trial ("In the Cathedral"
234-236). I refer to its position there later in the argument, but since Derrida is more concerned
with the parable itself, I retain that focus. For a lucid discussion of the implications of the
parable in the context of the novel, see Ingeborg Henel, "The Legend of the Doorkeeper and Its
Significance for Kafka's Trial."
9 As Kant specifies: "Only where the imagination in its freedom arouses the understanding,
and the latter, without concepts, sets the imagination into regular play is the representation
communicated, not as thought, but as the inner feeling of a purposive state of mind" (5: 296).
10 In the context of The Trial, the primary responsibility of the man from the country
is pressed on Joseph K. by the priest, along with the latter s alignment with that character
in the parable. In leading up to the offer of the parable, the priest who accosts Joseph K. in
the cathedral, first advises him: "'You cast about too much for outside help,' said the priest
disapprovingly" (232). And in introducing the parable: "'You are deluding yourself about
the Court,' said the priest. 'In the writings which preface the Law, that particular delusion is
described thus: before the Law stands a doorkeeper. To this doorkeeper comes a man from the
country'" (234). During the discussion of the traditions of debate over the interpretation of the
parable, the priest emphasizes: "The patience with which [the doorkeeper] endures the man's
appeals during so many years, the brief conversations, the acceptance of the gift, the politeness
with which he allows the man to curse loudly in his presence the fate for which he himself is
responsible' (238; my emphasis).
1! A propos of this, the priest in The Trial cites the commentators on the parable: "The right
perception of any matter and misunderstanding of the same matter do not wholly exclude each
other" (238).
12 While I could have chosen to discuss the context of the parable in The Trial in the light
of the interpretive line taken there, I have preferred to indicate such a line in the notes and
to follow up the, as it were, more concisely parabolic implications. Adorno cites Benjamin in
seeing parable as generically thematic to Kafka's work as a whole:
Here, too, in its striving not for symbol but for allegory, Kafka's prose sides with
the outcasts.... Walter Benjamin rightly defined it as parable. It expresses itself
not through expression but by its repudiation, by breaking off. It is a parabolic
system the key to which has been stolen: yet any effort to make this fact itself the
key is bound to go astray by confounding the abstract thesis of Kafka's work, the
obscurity of the existent, with its substance. Each sentence says 'interpret me', and
none will permit it. (246)
14 "The practical necessity of acting on the is principle?that is, duty?is in no way based on
feelings, impulses, and inclinations, but only on the relation of rational beings to one another, a
relation in which the will of a rational being must always be regarded as making universal law,
because otherwise he would not be conceived as an end in himself (Kant, Groundwork 101-102).
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Eagleton, Terry. "The Rise of English." Literary Theory: An Introduction. Anniversary Edition.
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