4
has not yet asked the door-keeper. As he can no longer raise his
stiffening body, he beckons the man over. The door-keeper has
to bend down low to him, for the difference in size between
them has changed very much to the mans disadvantage.
What is it you want to know now then? asks the door-keeper.
Youre insatiable. All men are intent on the Law, says the
man, but why is it that in all these many years no one other than
myself has asked to enter? The door-keeper realises that the
man is nearing his end and his hearing is fading, and in order to
make himself heard he bellows at him: No one else could gain
admission here, because this door was intended only for you. I
shall now go and close it.
The jurisprudential philosopher, Roscoe Pound, used a different image, that of a
queue, to highlight the difficulties relating to accessibility.3 He compared the law to a
cinema, in which a new and well-advertised film starring some popular star is
showing. There is a queue outside the ticket window, where many more people than
the theatre can accommodate are seeking admission. If those seeking admission did
not line up in an orderly fashion, it might not be possible for as many to get in, or at
least only the strongest could fight their way in. The process would not only be long
and difficult but it might also result in injury and affect the ability of the people who
do get in to enjoy the show. The law like the queue is better than anarchy, but
produces its own frustrations and desire for a better way of managing access.
In both these metaphors for access to the law, the goal of ultimate justice is alluring
and has the appearance of accessibility but something guard or queue restricts
access. These metaphors reflect popular views of the inaccessibility of the law and
justice and of the courts, but whereas in Kafkas imagined world the quest for access
is repeatedly frustrated and ultimately shown to be hopeless, in Pounds trope there is
hope for some, but there might be a better way to deliver justice to many more. This,
in the end, is the goal of law reform to progress incrementally from a basically
good, if in some respects flawed or inadequate system of justice, to a better one
more just, more transparent, cheaper, faster, and final. It is not that ordinary people
despair at the possibility of justice, nor do they necessarily think of legal process as
inimical to a just result (or differ radically in their conception of what that just
3
Pound, Roscoe Social Control Through Law New Jersey, Transaction Publishers: 1997 (reprint,
first published Yale University Press: 1942) at 63.