As I do keep saying, books lead to other books… I was unsure what to pick up after the Borges/di Giovanni and did spend a little time reading up on the state of Borges’ literary estate. And this reminded me that I had a book lurking on the TBR which explored another issue of contested literary heritage – “Kafka’s Last Trial” by Benjamin Balint. Obviously this was going to be the perfect next read…
Literary estates have always been a torrid subject; from the burning of Lord Byron’s journals by his publishers through to Ted Hughes’s somewhat cavalier treatment of Sylvia Plath’s papers, it’s an emotive subject. Kafka’s legacy, however, is a knotty one, and it’s the opposite of the two cases I quoted. As is well known, Kafka died young from tuberculosis and left instructions with his friend Max Brod to destroy all of his papers and unpublished writings. Brod famously ignored those instructions, edited and published the writings, and because of that we have “The Trial”, “The Castle” and so much more. Brod always claimed that he had told Kafka he wouldn’t burn the papers, so you can read that as you will – but what can’t be argued about is the fact that Brod saved the papers and so we have Kafka’s works.
However, the posthumous life of Kafka’s manuscripts was a complex one, with many of them travelling with Brod to Palestine and then ending up in the care of his secretary Ester Hoffe after Brod’s death. On Esther’s death she bequeathed them to her daughters; this legacy was contested by a number of countries who all felt that the papers should not be held by individuals but that Brod had intended them to be held by an institution. Bitter legal wrangles ensued between the Hoffe family and those interested institutions; and in his book Balint explores the whole history, from the time of Kafka’s life through to the court proceedings in this century. It’s a complex and gripping story.
Kafka is usually described as a German-language Jewish Czech writer and he was born in Prague, which was at the time part of the Austro-Hungarian empire was something of a melting pot. The family were middle class and assimilated, and Franz himself worked for an insurance firm. As he died in 1924 he missed the horrors visited upon his people in the Second World War (although many of his family members did not); Brod and his family managed to escape just in time. Balint, however, does not tell this story in a chronological manner, Instead, he begins with a chapter on the final trial in Israel concerning who will get Kafka’s papers, and in subsequent chapters moves backward and forwards in time exploring different angles of the story.
Much of the court proceedings seem to centre round the validity of the various wills and bequests; these are often woolly, and it isn’t clear, for example, which parts of Brod’s papers he intended to pass on to Hoffe, or which he wanted to go to an institution such as the National Library of Israel. It has to be born in mind, too, that there are descendants of Kafka’s family still living, and you would expect them to have something of a say in the issue too (although they don’t really appear to). In the end, though, things boil down to an underlying issue – should Kafka be considered a German writer or a Jewish writer, and which country has the strongest right to be custodian of his papers.
That’s actually a really knotty problem, and Balint explores it in some depth as it isn’t that straightforward. Although Kafka was Jewish, it’s never really clear whether he could be considered a Zionist, and had he lived there’s no certainty he would have escaped to Palestine like Brod; in fact, the latter considered moving to American like so many others did (Hannah Arendt springs to mind). Although Kafka flirted around the edges of the movement, he stated he was alternately attracted and repelled by it. Balint explains the forceful attitude of Israel towards becoming custodians of all Jewish heritage, but they did seem late at wanting to hold onto Kafka’s relics, and Balint highlights the fact that for a long time Israeli culture was completely indifferent to Kafka’s work.
To consider Kafka as a German author is equally problematic of course, particularly as his three sisters perished in the Holocaust. Balint explores the post-war attempts by Germany to make cultural reparation, but it just somehow seems inappropriate for that country to hold Kafka’s papers. Really, Balint has criticisms for both sides and he brings a personal angle into his whole discussion of the issue as he considers the emotional effect on the Hoffe family; the descriptions of the state things were when the papers were removed from Ester’s daughter Eva Hoffe’s residence make it clear that manuscripts like this need to be stored properly and not in a domestic setting, but the family were personally devastated by all the litigation.
On a wider level, the book ties in with the issue of literary legacies, and how they’re contested, and this is not a new subject; I recalled reading Henry James’ “The Aspern Papers” pre-blog, and of course Borges has been the victim of problematic estate behaviour. I’ve often heard more recently of writers depositing their papers with libraries and the like before their death, and I can’t help thinking that’s a good way forward. Personally, I know a lot of Kafka’s manuscripts are held at the Bodleian Library in Oxford and frankly that seems that’s a neutral place for them to be.
“Last Trial” was a fascinating read from start to finish, and although the structure is perhaps unusual, it certainly keeps you glued to the story. I also found myself deeply saddened because of what is happening in that part of the world nowadays; at one point Balint quotes Brod as saying.:
The Jewish state we wanted to prepare “over there,” in Palestine, was to be founded on justice and selfless love between individuals and included, as a matter of course, offering friendship and help to our next-door neighbors, the Arabs
Eight years on from the publication of this book, and decades after Brod’s comment, we seem as far away from that ideal as possible. Putting that aside, though, “Kafka’s Last Trial” is a brilliantly constructed book which explores so many issues and certainly I’m still thinking about it a long time after finishing it. A fascinating read, and I definitely want to continue exploring the newer, re-edited and re translated editions of Kafka’s works.






















