Wednesday, May 23, 2012

Non Compos Mentis ,Breivik

 Japanese law system is a written law system. Especially, the criminal law is based on exact  written statutes. Every legal punishment needs satisfying conditions that a crime and it's assessment are defined by written law beforehand. And statutes concerned are ready for various cases. These systems like Japanese law, generally are called the continental law system, which are discerned from common law system.

  In Japanese criminal code 39 clause provides "not guilty by the reason of insanity". Crazy, lunatic person has no ability to take responsibility for his act. He is regarded being ill of mind rather than a criminal. Origin of this principle in Japanese law system is very old, "Yoro statutes (AD 718)"provided insanity clauses.  In Meiji era, Japan reformed law system, but insanity still remained to be legislated. 1891,in Otsu, Russian prince was stabbed by young lunatic man. Japanese government apologized Russia ,and made insanity clauses concerned.

  Non compos mentis is a legal term, meaning "mentally having no capability of managing one's own affairs". Norwegian massacre incident last year, it was scary event, and the defender Beirvik's attorney alleged insanity, and he was diagnosed with paranoid schizophrenia. Usually a trial like this case is impossible. He could have avoid the trial. But Breivik trial began.

  Depending about reported details about him, probably he is suffering from serious mental disease. "Not guilty by the reason of insanity", this phrase must made Norwegian outrage. Judges might be very afraid to be condemned. Although his testimonies are crazy,and dreadful, but his opinions are coherent, and indicating  weak points  in our normal world. But this is a typical pattern of insanity crime.

 Judges won't be able to find a moderate reason to blame him for. Should he be charged in mental clinic before the tragedy? If he had been charged, the massacre wouldn't have happened. And then , mental hygienic authorities might be blamed for their negligence. After all , he will  be punished not for his act but for his dangerous spirit. He should be erased in our memories.

 In fact ,Since 1980's, insanity problems like Breivik incident, have refrained many times. and many people were dead.  1989, Tsutomu Miyazaki incident was one of these insanity crime too. 
After uproar and sensationalism in TV news,  What changed?

Monday, May 21, 2012

Ring Of Fire ,Annual Solar Eclipse

Today, I successfully took a photo of the annual solar eclipse in Kanagawa, Japan am 7:34.
It was cloudy, but eclipse was visible. Soon later, it will be seen in a part of North America.

Tuesday, May 15, 2012

Heil Heidegger

Heidegger, Martin. Do you know this German Philosopher's name?  You might know something about Plat,Kant , Marx , Freud, Nietzsche, so on. But Heidegger is not known so well among people.
 In 20th century, He is estimated as the most influential philosopher among Japanese scholars. In spite of high reputations in France or Japan, his name is not so famous even in Germany.
(Victor Farias,Heideger and Nazism)

 Though his book"Being and Time(Sein und Zeit)" is too difficult to be read without sleeping. his eccentric phrases must obsess readers. He  insists "As for being itself, we have all forgotten this basic problem. Existence itself is not obvious."

When the terror incident occurred in Japanese subway,1995 ,I realized the seriousness of a fact that Heidegger had existed  itself .  His idea contained essentially the terrorism against Western civilization.



P.S.
I found Jonah Goldberg had written about Heidegger three years ago.(an author of the book "Liberal Fascism")


www.nationalreview.com/corner/189047/heil-heidegger/jonah-goldberg