Writer Profile

Gentaro Kamei
Faculty of Law ProfessorSpecialization / Criminal Law, Criminal Procedure Law

Gentaro Kamei
Faculty of Law ProfessorSpecialization / Criminal Law, Criminal Procedure Law
Academia is closely related to society.
In particular, criminal law¡ªthe field in which I specialize¡ªoften attracts 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, that does not mean we should allow specialized discourse to be swallowed up by public fervor.
Regarding the amendment to the Act on Punishment of Organized Crimes, which established the crime of preparation for terrorism during last year's ordinary Diet session, various criticisms were raised in the media and public opinion.
Nevertheless, among the criticisms presented, there were many that I¡ªhaving critically examined this issue for some time¡ªcould not understand (for example, criticism was developed claiming that the crime violates freedom of thought, but I question whether it can be stated so simply. See my article, "On Conspiracy or the 'Crime of Preparation for Terrorism and Other Organized Crimes'" ÎçÒ¹¾ç³¡ Law Journal No. 37 (2017), p. 158 et seq.).
The crime was enacted without sufficient in-depth discussion.
The government should bear primary responsibility for the lack of sufficient discussion. 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 debate into high-level abstract warfare, which is a major negative for specialized discourse.
As stated at the beginning, academia is closely related to society.
Precisely because of this, experts are required to engage in discussions that maintain a distance from raw social reactions. We need strong scholarship that is not swayed by those with the loudest voices or those making shocking claims.
University education has a major role to play in nurturing the people who should carry out such strong scholarship. As a faculty member on the front lines, I feel this responsibility deeply.
*Affiliations and titles are those at the time of publication.