Law and Science in Japan:from a viewpoint of legal philosophy

2013.3.11 CSTL Meeting

Fumiaki Kobayashi Fumiaki Kobayashi Fumiaki Kobayashi Fumiaki Kobayashi (Meiji University, speaker)(Meiji University, speaker)(Meiji University, speaker)(Meiji University, speaker)

Takayuki Kira (Tokiwa University)

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Purpose of this Presentation

� To explain the social circumstance in Japan

after “3.11”

� To explain the aim of our research project

from viewpoints of legal philosophy

and STS (Science, Technology and Society)

→ What role can “Law and Science” studies

take in Japan ?

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3.11

� “3.11”means disasters of the East Japan

Earthquake, following Tsunami, and an

accident of the Fukushima Dai-ichi Nuclear

Power Plant.

The damage of the Tsunami

3http://www.city.higashimatsushima.miyagi.jp/cnt/blog/index.html/article/東日本大震災で被災した

イート＆イ～ナ（宮城県東松島市）からのお願い

Fukushima and Radiation Contamination

Japanese court is now said to

be tested by increasing lawsuits

for “invisible” damages of

radiation contaminations.

4http://jp.ibtimes.com/articles/17442/20110412/107205.htm

http://ramap.jmc.or.jp/map/map.html?

New Social Issues

� “Fukushima” accident and radiation

contamination brought enormous and

invisible fear to many Japanese people

� and makes them distrust scientist and

technicians in general, not only those who

have supported nuclear energy policy

If scientist and technicians, or politicians and

administrators are all incredible...,

whom can we trust ? whom can we trust ? whom can we trust ? whom can we trust ? Judges (by elimination) ?Judges (by elimination) ?Judges (by elimination) ?Judges (by elimination) ?

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New Legal Issues 1

� Our research project has focused

on “Legal Decision-making under

Scientific Uncertainty”

6http://blog.jcan.jp/k1295/12331/

ex. Lawsuit for injunction of…

� nuclear plant activation

� distribution of genetically-modified crop

� building of a tower for electromagnetic wave

New Legal Issues 2

� These suits are characterized by

“precaution” for scientifically uncertain

problem which may bring about enormous

damages once it occur.

� Precautionary suits are different from

conventional legal frame as compensation

for damages which have already been done.

� Precautionary issues deal with uncertain

effects of advanced technologies in future.

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How and Who Can Decide ?

� Judges are not experts of advanced science and technology, and don’t have enough knowledge.

� It is necessary for lawyers and scientists to co-operate together toward scientifically valid legal decision-making,

…but how can do it ?…but how can do it ?…but how can do it ?…but how can do it ?

◦ Many scientists in court regard lawyers as those who urge to answer “Yes-No Question” and distort scientific truth for their interests in suits....

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Undoing Hard View of

Law/Science

� To dissolve such problems, we thought it is necessary to undo too hard view of lawyers for science and it of scientists for law.

◦ Ex. Such an unreal assumptions that science (or law) can dissolve any issues all alone, or that scientific proof permit no doubt (notorious Lumbar Sentence in 1974)

� As its beginning point, we made The Handbook of

Law and Science in order to resolve mutual misunderstandings and over-expectations.

→ Please see the list of contents.

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Beyond Conventional Adversary System?

� For productive co-operation of lawyers and

scientists, and for legitimate legal decision-making,

what constructional changes are needed?

� an example of attempt: Concurrent Evidence

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In this process, various experts

gather in a court, and discuss

from each professional

standpoint. Convergence of

opinions is expected, which may

be impossible in adversary, one-

to-one examination.

http://www.thetimes.co.uk/tto/law/article2940052.ece

Common Problems in East Asia

� Precautionary lawsuits will increase as science

and technology progress.

→ In particular, nuclear energy policy will be focused on.

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Not only Japan, but also

East Asia countries

such as China, South

Korea, and Taiwan have

the problems in common,

and we can struggle

with it together.

http://www.mofa.go.jp/mofaj/gaiko/oda/data/gaiyou/odaproject/asia/index.html

Global Justice in Energy Policy

� Japanese Energy policy is now seeking

the possibility of post-nuclear age

� but other east Asia countries are still building

nuclear power plants.

� Can only rich countries abandon such

dangerous nuclear power plants and

“transport” it to developing countries ?

� This can be a problem of “global justice”

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