The Research of Comparison between Law and Literature: As Illustrated by Kafka's

法與文學的比較研究:以卡夫卡的審判為例

近年來,法律與文學的比較研究已經引起了許多西方學者的注意,本文希望初步引介相關的議題。首先,本文探討該領域學者的普遍觀點,差異觀點及不同觀點間的互動;接著本文嘗試描述他們共同的規則及相互間的衝突;最後本文將分析法律在文學上的限制及文學對法律的批評,藉此我們可以檢視出文學在當代法律中的功能。為增進讀者對比較研究的理解,本文以文學上的經典之作:卡夫卡的「審判」,從文學的觀點檢視法律與文學的互動。此文學作品可以佐證出法與文學的有趣連結,以及法與文學整合的重要性。

Comparative study of Law and Literature has attracted the attention of many western scholars in recent years. This acticle is an introduction to readers in this field. Firstly, we will explore their common points, their differences and the interactions among them; then attempting to describe their co-rule and conflicts; finally by analyzing the limit of Law on Literature and the critics provided by Literature to Law, we could examine the functions of Literature in the modern-day laws. Moreover, to enhance the readers' comprehension to the mentioned comparative study, with the example of a literary classic, The Trial", from Franz Kafka, we could examine their interation from the standpoint of Literature. This work will prove their amusing segments and their importance in the integration of Law and Literature.