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2013.03.11 CSTL meeting


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Committee on Science, Technology, and Law (CSTL) での発表スライド@ワシントンDC。小林史明(明治大)との共同発表。

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2013.03.11 CSTL meeting

  1. 1. Law and Science in Japan:from a viewpoint of legal philosophy 2013.3.11 CSTL MeetingFumiaki Kobayashi (Meiji University, speaker) Takayuki Kira (Tokiwa University) 1
  2. 2. 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 ? 2
  3. 3. 3.11 The damage of the Tsunami “3.11”means disasters of the East Japan Earthquake, following Tsunami, and an accident of the Fukushima Dai-ichi Nuclear Power Plant.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 3
  4. 4. Fukushima and Radiation Contamination Japanese court is now said to be tested by increasing lawsuits for “invisible” damages of radiation contaminations. 4
  5. 5. 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 policyIf scientist and technicians, or politicians andadministrators are all incredible...,whom can we trust ? Judges (by elimination) ? 5
  6. 6. New Legal Issues 1 Our research project has focused on “Legal Decision-making under Scientific Uncertainty” ex. Lawsuit for injunction of… nuclear plant activation distribution of genetically-modified crop building of a tower for electromagnetic wave 6
  7. 7. 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. 7
  8. 8. 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 ? ◦ Many scientists in court regard lawyers as those who urge to answer “Yes-No Question” and distort scientific truth for their interests in suits.... 8
  9. 9. Undoing Hard View ofLaw/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. 9
  10. 10. 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 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. 10
  11. 11. Common Problems in East Asia Precautionary lawsuits will increase as science and technology progress. → In particular, nuclear energy policy will be focused on. 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. 11
  12. 12. 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” 12