This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...) the so-called “whom-question”, i.e. “To whom should we justify the system of punishment?” I identify three distinct chronological stages to address this problem, namely, “the Harm Stage”, “the Blame Stage”, and “the Danger Stage”. I will also identify four problems arising from specific kinds of uncertainties present in current death penalty debates: (1) uncertainty in harm, (2) uncertainty in blame, (3) uncertainty in rights, and (4) uncertainty in causal consequences. In the course of examining these four problems, I will propose an ‘impossibilist’ position towards the death penalty, according to which the notion of the death penalty is inherently contradictory. Finally, I will suggest that it may be possible to apply this philosophical perspective to the justice system more broadly, in particular to the maximalist approach to restorative justice. (shrink)

This paper aims to scrutinize how the notion of risk should be understood and applied to possibly catastrophic cases. I begin with clarifying the standard usage of the notion of risk, particularly emphasizing the conceptual relation between risk and probability. Then, I investigate how to make decisions in the case of seemingly catastrophic disasters by contrasting the precautionary principle with the preventive (prevention) principle. Finally, I examine what kind of causal thinking tends to be actually adopted when we make decisions (...) on emergent cases. My arguments are mainly based on Japan's 2011 massive earthquake and nuclear power station accident. Masaki Ichinose. (shrink)

In this paper, I discuss from a philosophical viewpoint the so-called radiation problem that resulted from the Fukushima Daiichi Nuclear Power Station accident after the Great East Japan Earthquake in 2011. The starting point lies in the conceptual distinction between “damage due to radiation” and “damage caused by avoiding radiation.” We can recognize the direct “damage due to radiation” in Fukushima as not serious based on the empirical data so that I focus upon the problem of the “damage caused by (...) avoiding radiation,” particularly the damage due to evacuation actions. Actually, evacuation actions caused more refugees to die of suicide and diseases than supposed. Obviously, there is a practical problem on whether the forceful and emergent evacuationwas needed. In addition, I will point out that some people psychologically had negative feelings about the radiation problem altogether, for example, absurdity, discomfort, anxiety, or distrust, where some of them tend to twistedly solve those by giving moral censure to people and the product in affected areas. This brought about serious harm to people in Fukushima. I will interpret some people’s careless adoption of precautionary principle and their misunderstanding of the legal standard in radiation protection as being latent in this tragedy. (shrink)

This paper tries to develop an epistemological analysis on the notion of responsibility. After pointing out a peculiar kind of uncertainties concerning the notion of responsibility, I focus upon the issue of criminal responsibility, taking the case of mentally disordered offenders into account, and propose the distinction of the phases between sentence and practice with applying Slobogin's idea of integrationism. Finally, I propose a probabilistic approach to the problem of responsibility through considering the idea of relevance ratio, leading to my (...) final proposal concerning the concept of the degrees of responsibility. (shrink)