2010 Lectures: Masaki Ichinose

In these lectures, I will discuss criminal responsibility from a philosophical point of view (including some Japanese perspectives). I will scrutinize these issues by distinguishing three perspectives on criminal responsibility, namely, those of the “victim”, “offender”, and “punishment”. My aim in discussing the issue of victims is to raise and analyse a question of who constitutes a victim, particularly in the case of homicide. This question is examined by confronting a contemporary problem in the metaphysics of death, that is, whether dead people could suffer harm or not. Secondly, I will investigate how to estimate, as far as is scientifically possible, how responsible an offender is for their offence. This problem would be tackled by taking into account the contemporary debates on free will and neuroethics. In considering this issue, I intend to adopt a probabilistic approach and propose concepts of “degrees of freedom and responsibility”. Thirdly, I will discuss the new and traditional problem of how to justify a system of punishment. In particular, my focus here is upon the issue of capital punishment and the theory of human rights which forms a basis of the system of punishment (notwithstanding the fact that capital punishment has been abolished in the UK). My approach to this issue might be called “impossibilism” rather than retentionism or abolitionism. These three topics which I will consider roughly correspond to three basic modal concepts, namely, “actuality”, “possibility”, and “necessity (i.e. normativity)” respectively, so I have called these lectures “Modes of Responsibility".