Kazuaki Shimazaki comments

Posted in: Court rules Japan's dual nationality ban constitutional See in context

@rainyday Today 03:14 pm JST

No, if you are born to a Japanese parent then citizenship is given to you on that basis and not on trust. "Trust" might be a requirement for naturalizing, but the vast majority of Japanese citizens today were given that status simply because their parents were Japanese, not because they were trustworthy.

In the case that you have all-Japanese parents and no right of citizenship elsewhere, there's in theory, no competition for your State allegiance. That gives them confidence (if you don't like the word trust) that they will come first.

If you are born to one Japanese parent but the other is foreign, then there's a potential right of citizenship elsewhere. You do realize in that case Japanese law does require you to take a stand - it's not enforced that tightly I grant you, but the requirement is there. And that's because the probability that another State will come out ahead in the allegiance race has increased from "close to zero" to "about 50 percent". That's a huge increase.

"The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights."

A well known criticism for the Japanese Constitution is that while the English, not legally binding translation says "people", the Japanese, binding Constitution itself says "kokumin" - and Article 11 is one of those places. There are some rights that are for "people" in general.

Just ban dual nationals from holding those positions. You don't need to prevent hair dressers, bus drivers or whatever from being a dual national because them holding another passport is completely harmless.

And here you get back to a point I've already made - if you degrade your citizenship to be a mere qualification, allowing people who think of your country as "second-best' to hold it, you often end up having to make first class and second class citizens and are back to where you started.

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Posted in: Court rules Japan's dual nationality ban constitutional See in context

@rainydayToday 10:35 am JST

My kids were born with dual nationality since my wife is Japanese and I'm not. Their two nationalities are not just some trivial thing they've collected as a hobby, its a reflection of their shared heritage and personal identity.

Well, they should ask their "personal identity" what their first allegiance is. It is selfish to say they shouldn't have to take a stand, because the citizenship in itself is not trivial - it comes with privileges, which are given based on trust.

For example, you are given a right to vote as a citizen, on the idea that your number 1 allegiance is to this country - you might vote for the good of yourself, or you might vote for the good of the State, but never for the good of another State. And this factor is magnified if your kids are allowed into an important office.

If your kids can't even state clearly that your #1 allegiance is to Japan, why should Japan entrust them with rights? For that matter, I can argue it's not necessarily fair to the other state to give your kids a citizenship if all they are ever going to be is #2 - though of course some states treat their citizenship as a qualification and in that case at least they know what they are getting into - a bunch of people voting in their elections with them being only #2, or even #3.

@OssanAmericaToday 11:58 am JST

You can have one or more best friends. One friend can be you best friend for certain circumstances, another for different circumstances. And so on.

First, that seems to be a very dry and utilitarian way to have friends (just as the argument of dual nationality treats those citizenships in an utilitarian way). Second, in this case your best friend will be the one that's more useful 51% of the time, or the "certain circumstances" are the critical ones in your life - it's never really going to be equal, and one guy will still be ahead.

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Posted in: Court rules Japan's dual nationality ban constitutional See in context

MarkToday 11:02 am JST

So If Americans or any other nationalities living in Japan or other nations are denied Dual - Nationality then the same MUST apply to these nations citizens living in the U.S. This was put up for debates in congress in the past and it could be debated again in the future.

Not so fast. As I said, countries treat what's "citizenship" differently. The US is free to see it as a qualification.

Also, the American citizenship is objectively worth less than the Japanese. In theory at least, you can be the Prime Minister once you've naturalized and become a Japanese citizen. But you are manifestly blocked by law from being President unless you are a native (not just a naturalized citizen). This is kind of thing that sometimes happens when you turn your citizenship into a qualification - you need to protect yourself by having "first-class" and "second-class" citizenships.

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Posted in: Court rules Japan's dual nationality ban constitutional See in context

It really depends on what you think citizenship. Some people think Citizenship is just another qualification - the more you can get the merrier.

But if you think of Citizenship as, for example, defining and deciding what your Highest Allegiance is, then there can be only one.

Some people think you can have two best friends, but I'm not one of them - one of those two must be lower on the rankings.

From that point of view, the law's position is only taking this stance. Some countries have degraded their citizenship to be "just a qualification", and Japan hasn't taken that path.

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Posted in: 14-year-old girl riding bike seriously injured after being hit by car; driver arrested See in context

The facts in the article are consistent with either of them being at fault so its hardto draw a conclusion.

This is one reason why Japanese fault allocations work the way they do - it's often not practical to get all the facts so everything centers around a few, easily determinable facts - whether they are on foot, bike or car, and what direction relationship they are. Biasing things against the car is because of the clear difference in vulnerability. Yes, bikers from the side might be hard to see, but the law tells the driver to do whatever it takes. The driver could have taken the intersection at walking pace - such that the cyclist can swerve ahead of the car and keep ahead. Or if neither can see the other, it could have been biker hits car rather than car hits biker - if the driver is sufficiently not at fault relative to the cyclist, the rules do allow for his payout to be minimal to nil.

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Posted in: 14-year-old girl riding bike seriously injured after being hit by car; driver arrested See in context

If a person is not wearing a helmet and is seriously injured (to the head/brain, etc.) the fault in cases like this should be 100% on them. Unless we can verify the woman was negligent in her driving (ie. if the girl did indeed suddenly dart in front of her and the woman couldn't stop), why should it be her fault? If the girl dies from brain trauma, why should it be on this woman?

The principle of you taking your victims as you find them. Whether the girl is wearing a helmet doesn't significantly change whether the collision would have taken place. If it's going to be the woman's fault had the girl been wearing a helmet, then there's no reason to flip the fault around just because she wasn't.

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Posted in: Fears grow Japan-U.S. alliance may be affected by Osprey crash See in context

Survivors of the victims might be lamenting why their sons had to go to Japan on a dangerous mission. There is no condolence to the victims from the Japanese government and their people.

If the V-22 wasn't flying, their sons might have been able to avoid death.

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Posted in: Japan starts trial sales of over-the-counter 'morning-after' pill See in context

Is he imposing anything on anyone? It sounds to me like he's sharing his opinion. That's still legal, right?

It's legal, but if he gets his way it would be at the expense of someone. And since he's a man, he would never have to eat the consequences of his choice, just all the females.

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Posted in: Kabuki actor Ennosuke gets suspended term for helping parents' suicides See in context

TBF, his criminality is reduced by the fact it was a suicide - that is, his parents agreed to die and may even have made the initial proposal during that discussion. Further, he himself was perfectly ready to die for the entire affair too. He was saved against his will.

Finally, we have to realize there is a possibility that the newspaper account, who clearly placed heavy weight on the words of the accuser, is simply not the truth. Nevertheless, either way an irrecoverable stigma will stick to him, so it is somewhat reasonable for him to choose suicide, and even his parents with old mental mores - you know Death Before Dishonor and all that.

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Posted in: Landowner seeks understanding over Jingu redevelopment See in context

@rainydayToday 04:58 pm JST

The people protesting this understand perfectly well what they don’t like about it

Depending on what their exact objection is, that may not be true. Granted, if they just don't like the idea of any tree or being cut down or cannot suffer the loss of even a single square meter of green, no explanation may help.

But if their objection is to something technical like whether a gingko tree's roots would be damaged, it's not hard to imagine them being taken in by propaganda, even if the development company is indeed taking effective measures and compromises to prevent that. Think of the Fukushima situation. That kind of thing, in principle, can be explained.

And even in the former case, the necessity of renovation may be better explained to increase its relative worth in the eyes of Mr. Tree-Hugger and that may suffice to cause him to begrudgingly withdraw his objection.

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Posted in: Kishida says policies necessary; doesn't care what names he's called See in context

He doesn't care what the people think of him? Did he forget that he acts as a representative of the people? So, now he is above the people?

It's a hard question, but the job of being representative is not to be a populist swaying with every public whim. Sometimes, governments need to buckle down and get the unpopular done.

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Posted in: 2 years sought for 3 ex-SDF members in high-profile sex offense case See in context

They will get suspended sentence and probably get a civilian contract or consultant role if they have some close connections in the Japanese military.

I know where that idea comes from. I sure hope not (again). The Japanese judiciary needs to recognize there are some crimes where a "suspended sentence" just isn't good enough.

Even if we must insist on non-custodial punishment, there's a need for something more than "If you don't commit a crime within a certain period, no punishment for you other than the stigma (the value of which varies anyway)". Perhaps they can be treated analogously to the bankrupt, with all their assets and income beyond bare subsistence being diverted to the victim as if she's a debtor.

I will also point out that in this individual case, the men who confessed and apologized. Yet upon their names being released, they took back their confessions and are still calling the woman a liar, despite their supervisor admitting in court that he lied to protect them:

While I have no reason to believe they are not guilty here, I'd also point out that as a matter of procedural justice, they were almost certainly short changed. What they essentially did is a form of plea-bargaining - I admit fault and accept being fired; you quietly shuffle things so I avoid criminal prosecution. Under public pressure, the government in effect broke its promise and prosecuted them.

When it comes to prison time, sorry, it's every man for himself.

These pathetic little men admitted their guilt and their superior officer admitted he lied to protect them. 2 yrs is a paltry punishment, and by the way, has their supposed superior been charged also. He is just as guilty as them.

What should he be charged of? What criminal law did he break?

And to be fair, one can understand what he's thinking. The commander's job is first and foremost to keep his unit running. Like it or not, those three are veterans with ten years of service. They are the ones that keep the subunit working. Gonoi's still learning the ropes and won't be replacing any of them anytime soon. If Gonoi quits, the unit keeps running. He might be able to do without one of the three, but all three and his subunit would likely freeze.

Imagine an enemy soldier jeering at her from a trench across no man's land! Hopefully there will be a medic there to help her affirm her bravery and resilience!

Is there anything in the scenario that allows this to be justified as "training"? Some personnel, such as pilots, may be expected to take Survival and Evasion training that includes simulated interrogation, but such training is run by specialized units, not impromptu. Partially to avoid these problems.

BTW, I'd be blunt - you should have higher self-esteem. If a club activity involves suffering from "sempai" that intend to cause you grief, I suggest having the self-esteem to quit. Of course, perhaps that's harder said than done but then don't try and treat it as a positive or justified thing decades after the fact.

Intent is not magic. You can say you didn't intend to cause harm, yet still cause harm.

From the viewpoint of criminal law, intent IS "magic". If we accept the premise that they indeed did not intend the acts (or more according to procedural justice the prosecution could not prove the intent), then they lack the mental state and must be acquitted on that basis.

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Posted in: Retrial of man accused of 1966 quadruple murder begins See in context

Prosecutors say Hakamata is guilty, arguing in their opening statement that it was possible for him to have committed the crime at the miso shop where he was working as a live-in employee, as the suspect was likely to be someone related to the company.

I'd hate to be convicted of murder because I happen to live in and have a relation to the victims ...

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Posted in: Myanmar man sues sawmill operator after losing finger in accident See in context

Would it be too mean of me to suggest that this man isn't really the type to worry too much about safety or was just hasty that day, got his fingers cut off and only then racked his brain for pretexts to get money?

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Posted in: Over 40% of workers in Japan sleep less than 6 hours per night: survey See in context

It is not the fault of companies, which is the most common response here. I would say it is the workers who don’t plan their days to get the required 8 hours of sleep. Most people work and then go home to watch tv all night. Also drinking is not good for sleep.

Part of 8 hours a day, 40 hours a week (or even a bit less) is so that people have a reasonable amount of time to recreate, rather than feel forced to sacrifice sleep time so they can have some time to watch TV or immediately hit the sack upon reaching home.

wolfshineOct. 23 07:49 pm JST

while you slave away for a third of the money your American equivalents are making, while also never using your paid holidays, the chief corporate stakeholders are

To be fair, while the Japanese boss lives well compared to the Japanese salaryman, he also doesn't earn that much compared to an American or European in an equivalent position. It's one reason for Ghosn's troubles - them trying to cobble together an aggregate compensation package that's more competitive than Japan's norms would allow. Doesn't make what they tried legal but it is important to understand they would just have paid him openly in the US.

=

It'd be nice if Japan at least tried to put the squeeze on the companies. Any company that says they can't hack it with only 40 hours a day must, on their own resources, audit their own days to prove they had done everything possible to be more efficient. They can even drop quality if that's what it takes to get the hours down.

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Posted in: Japan to promote security camera use to curb child sexual abuse See in context

@falseflagsteveOct. 17 05:50 pm JST

If you don’t care about safety of kiddies than that’s up to you. Don’t interfere with them then nothing to concern you or anyone else.

I suppose you've only been counting Western countries. One problem with them recently is that they always insist you join their latest fad - be it LGBT or this sudden concern for kids over the principles of the justice system.

I'd also suggest you don't care about the safety of kiddies that much, just as anti-abortionists don't really care about unborn babies. The extent of both your concerns is that you pay absolutely nothing. It not only implies you have zero concern about the very valid concerns of the other side - be it the right of someone to restore his life after serving his sentence or female autonomy - but it also implies you only care about what you preach if it is free for you.

I'd suggest if you must impose bans and want to show you care, you agree to pay for them. I don't know how much is the correct amount for a woman being forced to take and birth a baby she doesn't want, but the amount for this scenario is easy - the government will hand him social welfare, NOT at the bare subsistent rate, but at the rate a teacher would have made. That's the minimal price you should be willing to pay for banning someone elses' right to work.

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Posted in: Japan to promote security camera use to curb child sexual abuse See in context

@falseflagsteveToday 01:47 pm JST

Its common sense really.

It is a function of law to push back against "common sense" or "playing it safe" where it hurts the rights of individuals. A "common sense" or "play it safe" that finds less purchase in an Anglo-American audience is when "preventive detention" is imposed on suspects. The basic principle behind the two are the same - the suspect / former convict may not necessarily do bad things, but they are an Elevated Risk Group; thus the "safe play" to protect the "weak" in society is to shaft his rights.

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Posted in: Japan to promote security camera use to curb child sexual abuse See in context

But the government has abandoned its plan to submit a bill aimed at creating a new system to block convicted sex offenders from jobs related to children...WHY??

The main objection is one of legal principle - read: the human rights we hold so dear that we fought over the centuries and now that we got it are treating in contempt in the rush to solve problems. Openly blocking convicts whose sentence (that is, punishment deemed proportionate) has ended is a significant violation of his rights. I'm glad some in Japan are, despite the gaiatsu of unprincipled foreigners who lose their shirt over kids, remembering this principle.

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Posted in: Court rules it's unconstitutional to require surgery for change of gender on documents See in context

girl_in_tokyoToday 03:48 pm JST

That's what is great about science - it continually corrects itself. Science knows it doesn't know everything, otherwise it would just stop. And trusting decades of research with proven results is far better than making wild guesses based on personal prejudices fueled by hatred and homophobia.

I think his point is that while the "hard sciences" evolve, its solutions and recommendations don't swerve around as much as psychology. For example, Newtonian physics and relativity physics produce practically identical solutions for "simple" cases within common (non-specialist) experience, and classical physics and quantum physics produce practically identical solutions for things at human scale. Even something like caloric theory can reasonably predict something like conduction. 

Recommendations from psychologists would be the equivalent of such everyday use, and the recommended course of action shouldn't change that much.

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Posted in: Publishing exec gets suspended sentence over Tokyo Olympics bribery See in context

First time offenses result in suspended sentences for nearly every guilty conviction in Japan, regardless of status.

I'm of the mind that Japan needs to stop "suspending sentences" when the involved amounts start going over say a million yen. Suspended sentences may be significant deterrence for Taro who needs to keep earning monthly paychecks. This guy probably already has enough stashed away he doesn't really need to work again. The fact he's part of the elite also means they know him and unlike mass society won't necessarily judge him for it. Maybe they'd avoid being caught on camera with him, but private meetings, even a quiet transfusion of cash if necessary - sure.

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Posted in: Top court upholds ruling in favor of Japan's ban on dual nationality See in context

The eight plaintiffs, who live abroad in countries including Switzerland and France, had argued that foreign nationality was necessary to facilitate their work and lives abroad. But they also had hoped to maintain their Japanese citizenship.

Can't have your cake and eat it too, I guess. Other countries cheapening their citizenship to a mere qualification doesn't mean Japan has to do the same.

@zones2surfOct. 3 07:57 am JST

However, at this point, if the U.S. has revoked their naturalized citizenship and Japan as their original home country has revoked their citizenship because they became a U.S. citizen, they then become a stateless person. And international law states that this is not permissible. So, how to solve that?

Why put the burden on Japan in this case? Why not say the US cannot reverse its decision once it has granted it? At least the move to losing the Japanese citizenship is directly due to the individual's choices and will, while the decision to revoke due to ostensible fraud is a decision of the United States.

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Posted in: Foreigners fleeing conflict zones to be eligible for Japan long-term residency from Dec 1 See in context

@Mr KiplingSep. 27 07:05 am JST

Of course I'm joking. This is only for Ukraine.

It's blatantly obvious Ukraine and Ukrainians were the motivators, but it remains to be seen if Palestinians, Libyans, Syrians & Afghans can get on "the train" as well even if it was built initially for Ukrainians.

@JeffLeeSep. 27 07:43 am JST

Seems like a positive move, but Japan still doesn't want refugees, despite being a signatory to the convention.

A refugee is someone that can't get in through the front door. Anyone that's actually an asset would have been allowed in through one of the other doors, without resorting to the refugee doors. And people have tried to claimed refugee status even when it doesn't fit them - such as that dead Sri Lankan woman claiming to be a refugee because she was threatened by a man who lives in ... Japan!

Japan just doesn't let these people sneak their way in.

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Posted in: Japan to delay bill blocking sex offenders from working with children See in context

First observation - Westerners are all too willing to throw their "rule of law" principles out the window when they hear the word "kids".

Second observation - and another country falls to this urge.

Third observation - not every country thinks laws should be things that are constantly expanded, especially repressive ones which this one is.

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Posted in: Man given 6 years for killing student at her request in Sapporo See in context

I think the judge decided to accept that he was indeed doing it at the deceased's request. Life is not considered disposable in Japanese law, so it was illegal for the man to agree and do it, but it was a factor in why he got about the lowest possible sentence within the regular range.

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Posted in: Hearings in $1 billion lawsuit filed by Carlos Ghosn against Nissan start in Beirut See in context

@Alan HarrisonToday  05:04 pm JST

Fly back to Tokyo. You have be kidding. Who on earth would put their faith in Japan's so- called legal system. Even Japan's imbecile judges don't have a clue about justice. They are just a bunch of scared rabbits.

You are making some rather defamatory claims. Care to back them up? And be careful, you need to show Japan's judges are particuarly weak. Remember that while a "pro-government" judgment doesn't demonstrate judicial independence, nor does it automatically show a lack thereof. If the governent's case is strong (as it should be), the judge is not supposed to let the need to demonstrate judicial independence (which to put it in the crudest form is to make an anti-government judgment) keep him from adjudicating as the law demands.

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Posted in: Hearings in $1 billion lawsuit filed by Carlos Ghosn against Nissan start in Beirut See in context

Innocent defendants do not jump bail.

It's possible for an innocent defendant to jump bail, but all the surrounding evidence and investigations in other countries clearly point to a direction that Ghosn is at least not being arbitrarily detained. A company dispute does not mean Ghosn did not violate the criminal law.

I'd also point out that at the end of the day, Ghosn got a reprieve in getting bail at all despite being an obvious and as it turned out ACTUAL flight risk, and he betrayed Japan (or at least those who took a chance to give his [profanity] a reprieve. So I hope no Westerner complains again when he doesn't get bail - blame Ghosn!

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Posted in: Japan mulls legislating 'security clearance' system in 2024 See in context

While the government had planned to codify a clearance clause within a bill for enhancing economic security passed in May last year, it was struck down after some opposition parties expressed fears over the system potentially being an invasion of privacy.

Well, if that's what we need to do for international cooperation, sometimes there can be little choice.

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Posted in: 19-year-old gets 24 years in prison for killing parents See in context

Though it's hard to discern detail out of a short newspaper article, my instinct is that considering he had mitigating factor and his young age, this is a heavy sentence by Japanese (or Continental Law) standards even for killing two people. Maybe the judge is a hidden diehard fan for the old doctrine of patricide as an aggravated form of murder - patricide shouldn't be a distinct thing anymore because it violates the equality provision of the Constitution, such is the position of the Japanese Supreme Court certainly, but the wide sentencing range for homicide certainly allows a conservative judge to slip it back in through the back door.

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Posted in: Taiwan blasts Elon Musk over latest China comments See in context

Elon Musk is just being fair. The case for Taiwan not being part of China is uber-weak despite the attempts of the United States to adjust wording to keep it an arguable position. Arguable is very far from actually being strong, and recognizing that Taiwan is this extralegal jurisdiction the PRC suffers and acting accordingly may be the best route of keeping said jurisdiction alive for as long as possible.

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Posted in: Japanese educators want to allow students to use robot substitutes to attend school See in context

Good idea. The reality is that resources are limited, so even if this experiment is ruled a success, it's unlikely the scale of issue will grow to more than 1 per class (1 in 40) in the near future. Any student who wants to use one will be in a tough race to demonstrate he is most in need of said robot of an entire class. Even if the school allows private substitutes, they probably cost a piano each, so it'd be an uphill fight to convince all but the very richest parents to pay a million yen for a private robot.

The other 39 students are going to have to tough it out and go to school as recommended by the naysayers. And for the one student who's most in need out of 40, who's to insist that's not the best available solution for them. 

No, take those few special kids out of their comfort zones.

OK, Sven. If those "special kids" die from suicide or suffer any other harm, it'd be assessed as your fault. Still willing to say that? What? Not fair to put the blame on you? But that's one of the problems facing the schools and boards above them - if they force the special kids to school in the 21st century and they die, parents are very liable to sue the involved school. Any strategy they suggest will have to take this fact into account.

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