Keio University

Gentaro Kamei: Society and Academia

Published: August 31, 2018

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  • Gentaro Kamei

    Faculty of Law Professor

    Specialization / Criminal Law, Criminal Procedure Law

    Gentaro Kamei

    Faculty of Law Professor

    Specialization / Criminal Law, Criminal Procedure Law

Academia is closely related to society.

In particular, criminal law, which is my specialty, often draws strong interest from society 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 due to the nature of the matter.

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

However, even so, we must avoid allowing professional discourse 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 terrorism and other crimes during last year's ordinary Diet session.

However, among the criticisms presented there, many were incomprehensible to me, even though I have critically examined this issue for some time (for example, criticism was developed that the crime violates freedom of thought, but I have doubts as to whether it can be stated so simply. See my article, "On Conspiracy or 'Crime of Preparation for Terrorism and Other Organized Crimes'" Keio Law Journal No. 37 (2017), p. 158 et seq.).

The crime was established without sufficient in-depth discussion.

The responsibility for the lack of sufficient discussion should primarily lie 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 banner tends to turn discussions into high-level abstract battles, which has a significant negative impact on professional discourse.

As stated 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 reactions in society. We need strong scholarship that is not swayed by those with loud voices or those who make shocking claims.

University education plays a major role in nurturing the people who should carry out such strong scholarship. As a faculty member on the front lines, I feel a deep sense of responsibility.

*Affiliations and titles are as of the time this magazine was published.