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Kazuaki Shimazaki comments

Posted in: New bill will block convicted sex offenders from jobs involving children See in context

@purple_depressed_baconMay 24 05:10 pm JST

Why is the program voluntary? Any organisation or institute involving children should be told that signing up for the program is mandatory.

Because as it is, this kind of de facto punishment after sentence is highly legally and morally problematic.

It's only Westerners that see the word Kids and think that the hard won legal improvements can be compromised.

Thus, this is to maintain at least a pretense that it is private players using their own right to employ or not employ, rather than the State forcing the issue.

Why is this bill giving sex offenders the option to decline the job offer? If they have a record, it should be an immediate no. What kind of toothless, spineless bill did the Japanese government just cook up?

Same reason as above: To maintain at least a pretense that it is not The State depriving rights from someone who has already served his sentence.

-1 ( +1 / -2 )

Posted in: Ex-scholar at Japan university given jail sentence in China: source See in context

To be fair, the Two Michaels case did end up in a way that suggested the Chinese had more on the two Michaels than most would have guessed they had. Still, it's amusing they usually answer this way and then believe the UK must give them details when it's their turn under the sun.

0 ( +0 / -0 )

Posted in: Japan city councilor quits over harassment of Australian mayor's daughter See in context

Given the shape of the object in question, the anatomical area near where it was being held, the reaction by the family and their calling it "inappropriate," and the councilor's subsequent apology?

Except would the family be this accomodating had that been the case?

"My daughter was surprised at the time and the three of us (including his wife) exchanged glances at what was an inappropriate gesture," Dickerson said in an email sent to Kyodo News. "We discussed it briefly the next day, but the issue was not of a serious enough nature to warrant any further action."

0 ( +1 / -1 )

Posted in: New Tokyo restaurant charges higher prices to foreign tourists than Japanese locals See in context

It is being pushed as a discount, a beneficial act subject to certain conditions. If you fail to prove you are a local to their satisfaction, they do not grant you the discount.

0 ( +1 / -1 )

Posted in: New Tokyo restaurant charges higher prices to foreign tourists than Japanese locals See in context

The first thing I think of, rather than Xenophobic or not, is that it's sad Japan has gone from being a First World country to being obliged to try these Third-World tactics.

1 ( +9 / -8 )

Posted in: U.S. opposes ICC probe as Israel fears arrest warrants See in context

Putin declared his crimes on Russian television.

He declared his acts - he argues they aren't crimes and may even be sincere about it. And TBH I really don't want the world of international criminal law to go in the direction that we should leave orphans in a warzone (because there's still no prospect of getting rid of laws).

-3 ( +2 / -5 )

Posted in: Japanese city loses residents’ personal data, which was on paper being transported on a windy day See in context

At least use a proper safe, not an unsecured box...

0 ( +0 / -0 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

It is also interesting that one plaintiff is American and the other is Japanese, so the outcome there could be different for both plaintiffs

Yes. The law generally allows you to treat Foreigners (non-citizens) differently. The American is on an upslope and the Japanese who Looks Foreign is on a downslope since he's supposed to be treated the same.

One defense the State can try is that due to the low number of naturalizations, going by appearance is a 95%+ reliable method of identifying the Foreigners in the mix.

Procedures are never perfect - there will always be some false positives. A street questioning is low invasive. The question for the law is whether a 95%+ reliable, low-invasive method should be abandoned because of the occasional unfortunate.

Don't complain - I'm just pointing out what defenses can be tried. Think of how you might counter this as the plaintiff.

1 ( +1 / -0 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

If that's the case, then this lawsuit is lost before it started. Only if discrimination is indeed illegal in Japan would they even have a chance.

0 ( +0 / -0 )

Posted in: Man arrested for beating elementary school daughter See in context

There is no way beating up a kid so it would require 2 weeks of recovery

I agree, and I believe Owzer does as well. That's another reason he's distinguishing between this and what he considers "acceptable" corporal punishment. On the other hand, that you are saying "can be described as a beating" suggests that there are some applications of violence you would consider either less serious or even potentially justified.

Your justification that "some children" would not have problem is as valid as someone justifying smoking constantly in your face saying that "some people" would not have cancer even with constant exposure to secondary smoke, worthless.

Isn't that exactly what our remaining smokers believe? That the odds are against them is undeniable unless they give no credit to science at all, but I don't think many of them would be smoking if they believe they would be the one hit. So we can surmise they believe they would not be personally hit with cancer due to smoking.

Another example is torture. The scientific view on that is well known. But even if they can say, for example, that 95% of torture confessions are unreliable, they can't say 100%. There's a 5% chance the truth might come out, and when you've got no leads and a 5% lead is better than a completely random search (for say an IED) over a large area ... well ... that's why we hadn't gotten rid of torture.

-5 ( +0 / -5 )

Posted in: Man arrested for beating elementary school daughter See in context

@virusrexApr. 22 09:56 am JST

Slapping a child is physical abuse, no other way to see it,

Actually, that's not true. Punishment can be defined as the intentional infliction of harm within socially acceptable limits by an accepted authority figure (often even by the victim himself, at least partially) justified with at least a sincere belief it would contribute to the positive aim of improving the victim's behavior.

Without condoning corporal punishment, we can still acknowledge that there is a difference between a beating that has that justificatory element, and a beating without that element, and owzer clearly classes this case with the latter.

Regarding the social acceptability of corporal punishment (separate from the legal acceptability), in a country where only maybe 20% of people are willing to unconditionally rule out corporal punishment:

An online survey of 20,000 adults carried out in January 2021 found that 41.3 percent of respondents approved of using corporal punishment for disciplinary purposes. 0.9 percent said it should be used proactively, 7.8 percent said it should be used if necessary, and 32.6 percent said it should be used only as a last resort.

sadly we have to accept it is still "socially acceptable".

The scientific view, of course, is not unknown. The problem is that the scientific view is on averages and probabilities.

Beating kids increases the chances of problems down the road, true, but not everyone will have problems. And it is undeniable corporal punishment does sometimes solve problems.

This creates an incentive for parents to rationalize while the odds are, as a whole not favorable, they can maneuver themselves and their kid into the clean part of the probability cones, that in their local case beating is the best solution even if overall it may not be.

-3 ( +2 / -5 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

The point is that they had no other violations, but the court decided they were liable for discrimination anyway. Thus, your statement is not true. I can acknowledge there's no legislative act specifically for discrimination, but it nevertheless is not legal - thus a legislative act is only useful to increase liability, which apparently the Diet considers un-necessary when taking into account the disadvantages of such an act.

You have to remember that anti-discrimination ordinances means State Coercion to Force Contracts on the Unwilling.

-1 ( +0 / -1 )

Posted in: WADA reject cover-up charge; China labels swimming reports 'fake news' See in context

@InspectorGadgetToday 02:47 pm JST

3) 23 Chinese atheles all were contaminated by the same drug at the same time inbetween the tests that CHINADA administrered and those which caught these cheats out. That would be one hell of a coincidence.

China's story is that they were all eating the same meal at some dinner, which happened to be contaminated.

It's not disputed that chemicals were found. The only dispute is whether the Chinese athletes, or any state bodies supporting them, were at fault. The Chinese of course said they weren't, and WADA has no information to counter them. If WADA rejects a country's official explanation without anything on its side, its no different from saying WADA can disqualify anyone anytime it wants, which is clearly arbitrary.

One way out would be to decide that athletes bear absolute liability - if there's any detectable drug in the body, it's over. If God teleported the drug into him, then blame God, but the athlete's not competing. That may be a good idea but didn't seem to be the standard WADA or anyone else is taking, and it'd obviously be biased to suddenly change things only for one country.

0 ( +2 / -2 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

So. In the well known cases what other laws has the proprietor broken?

0 ( +0 / -0 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

If it is not why can anyone win cases and get money from the other exercising his right to not contract?

-1 ( +0 / -1 )

Posted in: Bears designated as animal subject to subsidized culling in Japan See in context

This is well-known urban myth, and one I think you have stated before (and been corrected on).

Not the rest of us then. Educate us because a quick Google search is not telling me bears that have attacked once before are not an elevated risk. Thanks in advance.

-2 ( +0 / -2 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

@Aly RustomApr. 16 12:29 pm JST

Because it means that discrimination isn't illegal.

That's not true to the point of being defamatory. A more accurate description would be that present, the Japanese judiciary applies the existing law in such a way to inflict civil liability against discrimination.

What you want is to add administrative and/or criminal liability to the situation, which is effectively placing the minority in a position of superiority and places the State in the role of coercing people who might have legitimate or at least sincere reasons to not contract to enter a contract.

You will need a strong justification for that - that is to say a strong problem that cannot be solved any other way. For example, if no one is willing to enter a lease with a foreigner. But while they can still get their flat after awhile, the necessity is low.

-5 ( +1 / -6 )

Posted in: Testimony begins in lawsuit accusing Japanese police of racial profiling See in context

You can actually see their full list of gripes here:

https://www.call4.jp/file/pdf/202402/ad1dbcd370a7ece6927e1e5aa9c014ee.pdf

6 ( +8 / -2 )

Posted in: 64-year-old man arrested for molesting 1-year-old girl in Kyoto park See in context

Was considering he might want to help, because he was thinking she might drowning until reading particular part of body he finally touched.

Maybe he thought she wet her pants, thus explaining the "lower body" bit?

The fact he didn't seem to have run is a point in his favor - he didn't even realize he's about to be arrested. If he had indecent thoughts, he would conclude he's in danger of being arrested and ran away as fast as he could trying to break contact.

-9 ( +2 / -11 )

Posted in: Israel quiet on next steps against Iran — and on which partners helped shoot down missiles See in context

Good, let that be the end of it. Israel was wrong to hit the embassy. I don't care if it's hiding generals or whatever - nefarious activity has always been part of embassies and it is always tolerated in the name of the greater value of Diplomacy.

So Iran fires back, gets a few hits. Hopefully everyone is satisfied and can break it up.

3 ( +3 / -0 )

Posted in: Japan drops new SDF training site plan in Okinawa See in context

All the anti-base, Japanese or US, people have to wake up and smell the proverbial coffee. Time to stop singing "Kumbaya" around the campfire and realize that Okinawa IS and always will be the southern gateway to Japan, and any way one looks at it, it IS responsible for protecting Japan, more so in many ways than other prefectures.

Maybe Japan needs to revise its laws on autonomy to place national defense as cleanly outside issues where the local governments have a say. If national defense needs a base to be put there, that's it.

The same should apply for any project that involves more than a single prefecture (I'm thinking of that rail project that's being blocked selfishly by Shizuoka).

0 ( +0 / -0 )

Posted in: Swiss women score landmark climate win in court decision that could ripple across Europe See in context

This really is getting out of hand. I'm not denying that there is a climate problem, but the ECHR is ballooning its self-ego by the case. The ECHR is a court for human rights issues, and however you want to define this, it is not the Court of Everything. People shouldn't be submitting such cases to them, and if received the Court should rightly decide this is out of its jurisdiction and throw it back in their faces.

-3 ( +5 / -8 )

Posted in: Russia says U.S. military presence in Japan impedes any peace treaty with Tokyo See in context

@OssanAmericaToday 01:49 pm JST

I've deliberately limited the length of my prior response, but redefinition is among the lowest of tactics - you can devalue any agreement by redefining words, be it the word Autonomy in SBJD or the word Kuriles in Yalta, or for that matter Russia can get out of Ukraine by saying they meant a smaller Ukraine, and the areas now being occupied is "Malorussia", which at least sounds better than insisting South 千島列島 is not 千島列島.

I'd say it's a path best not traveled. Further, where one side has to make irrevocable expenditures before the other in a contractual situation, it's only fair to give the side that went first more weight in interpreting the second side's obligations then the second side that has already benefitted and is now has no disincentive against trying to get out of its commitments.

With civilized countries the proper course would be to bring a claim to the ICJ.

It would seem said words best apply to Japan, not Russia, in the case of the Kuriles.

https://ec.europa.eu/commission/presscorner/detail/en/statement_22_4509

That statement is not by the ICJ, but by the European Parliament. The fact they historically cannot be fair even on this issue, but had to take a Russophobic stance seriously dents the credibility of any finding they make regarding anything involving Russia.

-7 ( +3 / -10 )

Posted in: Russia says U.S. military presence in Japan impedes any peace treaty with Tokyo See in context

@OssanAmericaToday 10:50 am JST

Utterly false informaion. the taking of the four islands was not "agreed" by anybody. Nobody gave the USSR the right to take them or to transfer control to Russia. The US, UK amd EU consider these 4 islands to be Japanese territory under Russian administration (occupation).

Let's split this into several parts. First, if you are the US or UK, you don't get to say that. The deal at Yalta was pretty easy.

3. The Kurile Islands shall be handed over to the Soviet Union.

It's really hard to get away from wording like this. And the Russians had to expend first - by attacking Japan with real troops. This is basically the UK and US slamming the door after the expenditure had been made - treachery. And don't say the UK and US didn't understand what had to be done. The Cairo Declaration talks about returning land seized by "greed", while Potsdam turns it into a free discretion for the Allies to take land outside of the four main islands - the influence of Yalta is very clear.

At most the US can plead reprisal by citing Poland. However, first, the two pieces are not equal. All the US had to do was take islands from a twitching (from all the bombs) Japan, while the Russians are being asked to risk treachery from Poland. Second, at the end of the day, Poland got its free elections (and they promptly backstabbed the Russians by joining NATO) - the US position did not update to reflect this.

Second, if you are Japan, you don't get to say that. Because here's what you said at San Franscisco.

(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of September 5, 1905.

OK, so you didn't hand them to Russia, but they are definitely not yours anymore, and so you can't care about whoever the next claimant is.

-5 ( +3 / -8 )

Posted in: Japan to limit number of asylum applications to speed up deportations See in context

It is certainly true that statistically there are very few applicants that make it. So unless you are making accusations against the relevant agencies, you have to defer to them because they know more about the cases than you do (if you even know any particular cases, you probably heard a one-sided account by the Refused and his Lawyer).

And I can't help remembering a certain woman who was just about resigning herself to go home when some "human rights people" told her she can stay if she's sick. Said certain woman applied for asylum in Japan because if she went back to Sri Lanka her assailant might get her ... even though her purported assailant is in Japan. I'd also note that said woman started applying for asylum after she violated the visas she did get both in purpose and time.

When these cases become the poster childs, I think it's only fair that people have suspicion about asylum seekers.

-2 ( +1 / -3 )

Posted in: Shizuoka governor to resign after gaffe insulting vegetable sellers See in context

@kohakuebisuToday 03:42 pm JST

Japanese schools have "morality" lessons, which can involve the kids are given a situation and asked to interpret it from different perspectives.

My answer would be that the guy should be allowed to say whatever he sincerely feels would best motivate the new recruits. The reality is that it's hard to motivate people by suggesting they are inferior to other people, such as using words like "serve".

What do you think of phrases like "You are better than that" as a motivator? When you say that you are denigrating whatever "that" is, but it is a well known motivational tack.

-3 ( +0 / -3 )

Posted in: Driver overtime cap introduced as worker shortage worsens See in context

The per-hour labor productivity in France is far higher than in Japan so how do you reconcile that with your BS statement?

Per-hour labor productivity is a metric, but it has flaws. For example, suppose Japanese workers make two Toyotas and French workers make one Renault. Because European brands are considered premium, the one Renault costs 5 Toyotas. Of course, even 2 Toyotas are probably more useful than one Renault, but on the productivity scale the French would be shown to have an advantage because of how expensive the Renault is.

0 ( +0 / -0 )

Posted in: Japanese high court rules same-sex marriage ban unconstitutional See in context

/dev/randomToday 12:12 am JST

The court argues that "both sexes" does not imply "both of the two possible sexes", but should be taken to mean "both of the spouses". Which is a fair reading: The wording "both sexes" was not included in the constitution to define biological sexes for marriage. It was included to grant agency to both spouses -- as opposed to what it was before: a unilateral decision by the head of the household.

I know you are happy with the ruling, but this is really knowingly mis-reading the text. If they really were thinking to "grant agency to both spouses", instead of 両性 they can write 両者 or 双方.

0 ( +2 / -2 )

Posted in: China demands Japan start Fukushima treated water compensation system See in context

Then they should have no problems with it then

What China is saying is Give Me Money whether there's any actual damage or not - note the word Potential.

If there is any significant provable damage, there's already a court system the Chinese can try. Japan does take foreign plaintiffs.

16 ( +17 / -1 )

Posted in: Teacher suspended after threatening to kill junior high school student See in context

What did the student do?

One student might be a case of him being recalcitrant (doesn't fully excuse him but still...), but with other students, even female students, the odds just favor this teacher being unfit.

3 ( +6 / -3 )

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