Gentaro Kamei: Society and Academia

2018/08/31

Academia is closely related to society.

In particular, criminal law, which I specialize in, often attracts strong public interest because its subjects of study are crime and punishment.

Legally prohibiting certain acts and imposing penalties for violations naturally has a significant impact on the rights and interests of citizens.

For this reason, it is both healthy and natural for society to take an interest in crime and punishment.

However, this does not mean that professional discourse should be allowed to be swallowed up by public fervor.

Various criticisms were raised in the media and public opinion regarding the amendment to the Act on Punishment of Organized Crimes, which established the crime of "preparation for acts of terrorism and other crimes" during last year's ordinary Diet session.

However, among the criticisms presented, there were many that I, having critically examined this issue for some time, found difficult to understand (for example, the criticism that the crime violates freedom of thought; I question whether it can be stated so simply. See my article, "On Conspiracy or the 'Crime of Preparation for Organized Crimes such as Terrorism,'" Keio Law Journal, No. 37 (2017), pp. 158 et seq.).

The crime was established without sufficient in-depth discussion.

The responsibility for the lack of depth in the discussion lies primarily with the government. However, the fact that critical arguments were not sufficiently analytical was likely also part of the cause.

Fervor that uses "the voice of the people" as a righteous banner tends to turn discussions into high-level abstract battles, which is a significant disadvantage for professional discourse.

As mentioned at the beginning, academia is closely related to society.

That is precisely why experts are required to engage in discussions that maintain a distance from raw social reactions. We need a resilient scholarship that is not swayed by those with the loudest voices or those making shocking claims.

University education plays a major role in nurturing the individuals who should carry out such resilient scholarship. As an educator on the front lines, I feel this responsibility deeply.