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Homo Sacer, Homosexual: Some Thoughts on Waging Tax Guerrilla Warfare

Published online by Cambridge University Press:  04 August 2010

Bridget J. Crawford
Affiliation:
Pace University School of Law
Anthony C. Infanti
Affiliation:
School of Law, University of Pittsburgh
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Summary

OF PARABLES AND PROVOCATEURS

Lesbians and gay men should be particularly interested in [Giorgio] Agamben's interpretation of Franz Kafka's parable Before the Law, which Kafka later incorporated into chapter nine of his book The Trial. It is worth reproducing this short parable in full before considering Agamben's interpretation of it:

[B]efore the Law stands a doorkeeper. To this doorkeeper there comes a man from the country who begs for admittance to the Law. But the doorkeeper says that he cannot admit the man at the moment. The man, on reflection, asks if he will be allowed, then, to enter later. “It is possible,” answers the doorkeeper, “but not at this moment.” Since the door leading into the Law stands open as usual and the doorkeeper steps to one side, the man bends down to peer through the entrance. When the doorkeeper sees that, he laughs and says: “If you are so strongly tempted, try to get in without my permission. But note that I am powerful. And I am only the lowest doorkeeper. From hall to hall, keepers stand at every door, one more powerful than the other. And the sight of the third man is already more than even I can stand.” These are difficulties which the man from the country has not expected to meet, the Law, he thinks, should be accessible to every man and at all times, but when he looks more closely at the doorkeeper in his furred robe, with his huge, pointed nose and long, thin, Tartar beard, he decides that he had better wait until he gets permission to enter. […]

Type
Chapter
Information
Critical Tax Theory
An Introduction
, pp. 215 - 220
Publisher: Cambridge University Press
Print publication year: 2009

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