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。

1. Law and Science in Japan:
from a viewpoint of legal philosophy
2013.3.11 CSTL Meeting
Fumiaki Kobayashi (Meiji University, speaker)
Takayuki Kira (Tokiwa University)
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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 ?
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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.
http://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 3

4. Fukushima and Radiation Contamination
Japanese court is now said to
be tested by increasing lawsuits
for “invisible” damages of
radiation contaminations.
http://jp.ibtimes.com/articles/17442/20110412/107205.htm
http://ramap.jmc.or.jp/map/map.html?
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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 policy
If scientist and technicians, or politicians and
administrators are all incredible...,
whom can we trust ? Judges (by elimination) ?
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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
http://blog.jcan.jp/k1295/12331/ 6

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.
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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....
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9. 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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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.
http://www.thetimes.co.uk/tto/law/article2940052.ece
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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.
http://www.mofa.go.jp/mofaj/gaiko/oda/data/gaiyou/odaproject/asia/index.html 11

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”
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