Justice Minister Hatoyama and Japanese Civilization
On Friday, the U.N. Human Rights Council expressed concern about the recent increase in the number of executions carried out by Japan (in the seven months that he’s been in office, Justice Minister Kunio Hatoyama has already signed the death warrants of ten condemned prisoners). During the same council session, a group of mainly European countries urged Japan to abolish the death penalty.
In light of certain comments that he has made regarding the death penalty and “Japanese civilization”, I’d say the chances of Justice Minister Hatoyama heeding the Council’s urgings are even less than zero. In October 26, 2007 issue of the Shukan Asahi magazine he had this to say:
“As the Japanese place so much importance on the value of life, it is thought that one should pay with one’s own life for taking the life of another. You see, the European nations are civilizations based on force and conflict. So, conversely, things are moving against the death penalty. This is an important point to understand. The so-called civilizations of force and conflict are the opposite of us. From incipient stages, their conception of the value of life is weaker than that of the Japanese. Therefore, they are moving toward abolition of the death penalty.”
On October 24, he had lectured the Lower House’s Judicial Affairs Committee in a similar vein, stressing the differences between Japanese civilization, which strives for harmony, beauty and compassion, versus those that thrive on creating enemies. And in the May 5 issue of the Shukan Asahi he is quoted as saying:
“The other day I made an address in front of the E.U. Ambassador. I explained that historically speaking, Japanese civilization personifies symbiosis with nature, and therefore places extreme importance on the sanctity of life. For that very reason, we feel extreme anger toward those who rob another of life. We have a culture of repaying a death with a death. I feel proud to have been born into such a culture. I feel that, on the contrary, giving someone life in prison rather than the death penalty no matter how many people they kill I is a dry and coldly logical way of thinking.”
According to the May 9 issue of the Shukan Post, a writer who works in the Minister of Justice’s office as a secretary heard Hatoyama say this:
“…Japan, being a country that has such traditions as seppuku, places more value on life than any other country in the world. That is all the more reason that we are moving toward more severe punishment, including the death penalty. That is a course that I do not intend to veer away from.”
To me, the strangest thing about Mr. Hatoyama’s comments is his penchant for the word “civilization”. I haven’t heard anyone use that word since I was in high school. Our history teacher tried to impress on us something about the Tigris, the Euphrates, and Mesopotamia being the cradle of civilization. Actually, I don’t remember much about the lesson, but I do recall the lyrics from a B-52s’ song called “Mesopotamia” which goes in part like this:
I ain’t no student of ancient culture
Before I talk I should read a book
But there is one thing I do know:
There’s a lot of ruins in Mesopotamia
I think that Mr. Hatoyama should take the B-52s’ advice and read a few books, or better yet, stop reading the ones that have put such strange ideas in his head.
| Related Posts: |
|
Justice Minister Kunio Hatoyama + Wacky Costume Justice Minister Kunio Hatoyama Admits He Associates With Supporters of Terrorism Justice Minister Hatoyama = Grim Reaper? |
Full RSS Feed
I am certainly not opposed to the death penalty, think it should be used more often in fact, but it is bizarre that someone without a logical bone in his body, a complete ignoramus, could rise to such a level of power.
Rate this comment:
0 
0
Someone needs to be careful with the broad sweeping generalizations… it could take an eye out!
I can tell from personal experience that you only end up looking like a fool when you try to justify the current state of reality with some made-up (but convincing sounding) theory or ideal.
Rate this comment:
0 
0
Eric, what was the original Japanese word you translated into “civilization”?
Chances are that you are discrediting him based on your mistranslation.
Rate this comment:
0 
0
According to official transcript of the Diet, this is what he said on October 24, 2007.
今の日本の小学校や中学校の歴史教科書は縄文についての理解が基本的にないわけですが、要するに、今から一万年ぐらい前に縄文時代というのがある。我々は、立派な文明があった、縄文文明とこれを読む。すなわち、ギュンツ、ミンデル、リス、ウルムという四回の氷河期が終わったのが一万四千五百年ぐらい前であって、そこからいわゆる現代の気候になったときに縄文文明が生まれる。対応するのが、黄河文明でない長江文明でございます。
“Although, in today’s histry textbooks used at elementary and junior high schools, the understanding of Jomon is basically lacking, in essence, about 10,000 years ago, there was an age called Jomon period. We had a respectable civilization, called Jomon civilization. When the four ice ages, namely Guenz, Mindel, Riss and Wuerm ages were over about 14,500 years ago, and when the so-called present climate started, Jomon civilization was born. It coresponds to Chang Jiang River civilization, which is different from Yellow River civilization.”
If he was talking about things of 10,000 years ago, what’s wrong?
Rate this comment:
0 
0
Well, there’s a lot wrong. First of all, I’d like to quibble about your translation of “rippana”. The translation I would use in this case is “magnificent”. By using “respectable” you are doing the opposite of misrepresenting Hatoyama, you are cleaning him up. Also, what Hatoyama is claiming is historically inaccurate. Jomon civilization has nothing to do with “wareware”. If you would like to know where he gets all this nonsense, check out the website of the International Research Center for Japanese Studies, especially the writings of Takeshi Umehara.
Not sure I’d go as far as “magnificent” for 立派な. Something more like “worthy” or “respectable” perhaps. “Worthy,” that sort of thing.
Rate this comment:
0 
0
I think (think) what Eric was getting at was that “civilisation” is sometimes a dodgy word when discussing third-world cultures. Since many of them were not civilised, and in modern usage that word tends to mean they were uncultured barbarians, rather than its original meaning of not possessing cities (civil).
This is different from the Japanese word bunmei, which as far as I know is a Meiji period neologism, or at least was used in its current meaning then. It is more “culture” than the English “civilisation,” though not the same as “bunka.” “Jomon bunka” is a standard term, for example – it is rarer to refer to it as “Jomon bunmei.” It smacks of trying to boost it to the levels of, say, the four original “bunmei” in most textbooks.
Rate this comment:
0 
0
Stereo,
The word that Mr. Hatoyama used was “bunmei” (文明). The English translation of bunmei is “civilization”. My dictionary shows no alternative translation and I think that it sounds just as antiquated to use the word in Japanese as it does in English; though I have heard it used once or twice by older Japanese.
For your reference
Roughly bunmei is used for advanced technology in a specific region/times while bunka has a broader sense and emphasize spiritual, epistemological aspects.
Rate this comment:
0 
0
Thank you. I am coming to understand what you wanted to say. The word “civilization” is old fashioned in English, and that was “the strangest thing about Mr. Hatoyama’s comments” for you.
OK. Then, what is a fashionable substitute for civilization when a person wants to talk about a society 10,000 yeras ago?
Rate this comment:
0 
0
There doesn’t seem to be much due process in Japanese law enforcement.
From wikipedia:
“In comparison to other countries in the developed world, Japan has a unique prosecutorial system. Ninety-nine percent of criminal defendants are convicted in Japan, and almost all are convicted following their own confession. Prosecutors tend to bring charges only when they have a signed confession from the accused, and such confessions often occur after long questioning by police. Although defendants have a right to counsel, it is generally not possible for them to obtain counsel between their arrest and indictment.”
Rate this comment:
0 
0
Read article 204 of Code of Criminal Procedure of Japan.
It says that an arrested person has the right to access to a lawyer and if he cannot afford one, the government provides him a lawyer during detention period before indictment.
It takes a lot of trouble to clean-up misinformation on Japan so prevalent in English language material.
Rate this comment:
0 
0
Here is a link to judicial statistics.
http://www.courts.go.jp/sihotokei/nenpo/pdf/B18DKEI25.pdf
In 2006, 81,254 cases out of 89,016 tried were trial with confession. But that includes such case like traffic accidents.
For more serious cases that involve 3-judge bench, 1,658 cases out of 5,899 or 28% were trial without confession.
Rate this comment:
0 
0
Woah a conservative politician who is a hypocrite!
Incredible!
Rate this comment:
0 
0
I agree with the death penalty if used in cases where there’s absolutely no doubt of the suspect’s guilt. The problem is there is always a degree of doubt and putting to death an innocent person is no doubt just as bad as the original murder. It’s because of this that I disagree with the death penalty because in practise it’s a flawed system.
Rate this comment:
0 
0
And, I meant to say, this is the point that Mr Hatoyama misses. Most European countries outlawed the death penalty not because “Ooh, what’s so bad about murdering someone?” but because “We want to make two murders from one”. If anything, European ‘civilisation’ is the one which respects life more.
Rate this comment:
0 
0
If there is any reasonable doubt, the defendant is declared “not guilty” in Japan. It seems that is not the case in your country.
Rate this comment:
0 
0
So, basically he’s saying that the Japanese use the death penalty and have a tradition of ritual suicide because they respect life more than other cultures who don’t? That doesn’t make any sense whatsoever.
Rate this comment:
0 
0
Well, look at it this way – they value life so much that death has real meaning, unlike us in Da West, who don’t value life and therefore death has no…uh…meaning to…er….us. Or something.
Rate this comment:
0 
0
they respect life mean :
if you take someone life, they will take yours.
life is so important that you’ll be forgive about anything if you do seppuku.
Rate this comment:
0 
0
if someone killed someone i loved. then i will kill him.
thus, i agree with him.
Rate this comment:
0 
0
Wow, I’m surprised to see that so few Japan Probe readers have got past the eye-for-eye stage.
And Hatoyama seems insane, although I it might of course be a translation issue.
Rate this comment:
0 
0
I agree with death penalty. Anyway in Japan so many people suicide daily, so will not be a loss, 20-30 more guilty.
Criminality in Japan is growing and growing but the media try to cover all this. I am horrified when I hear about japanese crimes, I think all of this people have mental diseases and they are a real danger for the society. Most of them have no reasons for these crimes, the majority have mental instability. They kill there own families, children, friends..it’s unbelievable.
This becomes a reality because the poverty also reach very high levels.
The government and especially the justice doesn’t have any strategy to solve things, they are inefficient and death penalty can be viewed like a escape. They try to be tough, to scare another potential criminals. The real problems still exists because the society have a strong disease. Here nobody assumes the responsibility, people are were weak and scared, they choose to jump in front of a train instead of solving the issue.
I have traveled in many countries but only in Japan, I could see people terrified, people who are real slaves of the system. They are stuck in very unclear and unwritten rules and that’s why so many become insane.
From outside Japan seems to be Wonderland but when you are here, when you understand and talk with people, friends, you see very clear these is just a Horror House painted in beautiful colors. Japanese have no escape.
Rate this comment:
0 
0
I am really glad you left Japan. I’ll give you a cridit for it.
Rate this comment:
0 
0
You say that criminality is on the rise in Japan, but then in the same sentence you say that the media is trying to cover it up. Have you ever thought that the media’s obsession with crimes is the reason you believe there is an increase in crime? If you were to believe everything you see and hear on TV, you would also be convinced that crimes by foreigners are on the increase as well – but that’s not true.
Japan is the same as any other country in the world. There are social, personal, and financial problems that everyone has to deal with, and it is up to every individual to decide how to deal with those problems. Finding release is just as easy and difficult as any other country – you just have to be proactive about your approach.
I’m not sure where you stay in Japan or who you talk to, but you’re missing out on a lot of things based on this description of the country.
Rate this comment:
0 
0
Yeah, the media always hypes up crimes, especially grisly or weird ones. It doesn’t necessarily mean that there’s an increase in crimes. Likewise, saying that all Japanese people are depressed or unhappy or terrified is a pretty sweeping generalization, and like Kevin I wonder what kind of people you’ve met.
Rate this comment:
0 
0
When discussing Japanese law on a blog of which Japan is the topic, I find it pretty silly to bring up any comparison between Japan and any other country. It changes the question. The question is not, “Which country is more just in its application of law, America or Japan?”
The Question is “Does Japan do enough to insure that justice is mete out by providing reasonable standards that both protect the innocent from falsely being accused and convict the guilty of the appropriate crime and mete out a reasonable punishment?”
The answer, obviously, is “No, it does not.” Bringing in any comparison to other countries does not change this, it simply obscures the arguments being made.
Hatoyama is trying to streamline the punishment part, and doesn’t really care whether or not the system does a good job protecting the innocent, and this is only half of what justice is. That is the quintessential flaw in the intersection of contemporary Japanese culture and law, and this is true regardless of the race of the defendant.
Rate this comment:
0 
0
Well then why is it that when people are asked about the legal system of their own nations, they tend to think theirs are better without ground? Isn’t is just bias and the sense of supremacy that lead them to say that?
Notice the Japanese are not claiming that J system is better, it is those who blame J system that are saying thiers, western system, is better.
Here we go. Why the hell the Japanese culture comes in your argument? Do you accept Hatoyama’s skewed theory of J culture?
It is you who bring up irrelevant factor in the argument.
If you are against the capital punishment, fine. There are a lot of Japanese who are against it. There are pros and cons and the people know that.It is just as controversial as elsewhere in the world.
Capital punishment is legal in some states of USA, and it is practiced in China.
What common factors are there in these three culture? huh?
Is that the quintessential flaw in the intersection of contemporary American culture and law????
Very few Japanese reasons since capital punishment is wrong, something is wrong with J culture, but a racist would be likely to reason that way.
To me to say “That is the quintessential flaw in the intersection of contemporary Japanese culture and law” is as odd as to say ” That is quintessential flaw in the intersection of your personality and your reasoning.
Rate this comment:
0 
0
Rather than get angry Ponta, I think it would be simpler to simply ask Ryan why he believes -
It seems to me that since there is a system in place with judges, prosecutors, defenders, etc. that Japan is providing reasonable standards for keeping innocent people out of jail.
On the same token, I do feel it’s kind of pointless bringing up other countries simply because the quality of a country’s legal system shouldn’t be determined by the standards in other countries.
I think that Ryan is trying to argue that having a death penalty is wrong because you can’t really prove with the utmost certainty that someone is guilty, but his mistake was bringing up Japan. Uncertainty concerning the guilt of a defendant is a universally negative point related to the death penalty and not simply limited to Japan.
Rate this comment:
0 
0
Okay to be honest, I might have become a bit angry. I am sorry.
But take notice of the comments here.
First some people say something to the effect that J system, J culture is worse. When asked to compare based on the facts, they say you shouldn’t compare.
I don’t pretend to be saying that J system is perfect. From the start, I admitted that there were defects.
I would like people to critize J system as the Japanese critise it, as the western people criticize their own nation
Do they cricize their own nation,saying that the system is a joke, something is wrong with their own culture since there are defects? Is the defects such huge that the whole system is malfunctioning? Do they criticize the whole system of their own nation without checking the facts?
I know there are pros and cons for the capital punishment. Even in Europe not all the people are against it.In fact Britain had abolished capital punishment when a majority of the population supported it and refused to reinsititute it in the 1970’s when 80 % of the population supported it.(page 159 “Law, Pragmatism,and Democracy Richard A Posner) Does it have something to do with European civilization?
It rather has something to do with whether it has preventive effect to our society and whether retributive justice is really just, doesn’t it? (For my part I am inclined to go against it because , as someone said, there is a possiblity that the verdict might be wrong, but I have to delve into the pros and cons more deeply to reach the final conclusion. )
As for Hatoyama, people should have realised that he is idiot politician when he said he was a friend of a fiend of Al Kaeda, and the convictions the supreme court judged
as false was not really false. I don’t take his words seriously.
Rate this comment:
0 
0
Obviously, the answer is “no” for any nation in the world, because there are a lot of trade-offs in designing judicial system.
If you decrease the false accusation rate, you have low indictment rate and high conviction rate. If you want speedy trial, you have to limit the number and time for witness hearing. Choice of jury trial or bench trial is another trade-off. There is no perfect system.
The point is, if you change the system to fix a problem, that change will make another problem. For example, Japan is going to introduce lay-judge system soon, but the concern is whether those citizen judges can prevent false convictions even if they do not receive extensive court training like professional judges.
You are free to criticize Japanese judicial system based on facts, but criticism without proposal for remedy is childish.
Ryan, may I ask what “the quintessential flaw in the intersection of contemporary Japanese culture and law” is?
Rate this comment:
0 
0
Just to point out, and I’ll get into it better tomorrow when I have more sleep, but I also think the US system does not do enough in the cause of justice, either. I just think intentionally comparing one place to other countries ignores the point that change can and should be made, which in my opinion is the more important question.
My point in the main flaw of the intersection of culture and law was that the typical notion of “justice” in Japan punishes the guilty, but usually never really addresses protecting the innocent. This has been true whether the defendant’s a Japanese citizen or a foreigner, and frankly I think it’s only half of what justice is. Hatoyama further complicates matters by conflating the guilty and the accused.
Rate this comment:
0 
0