Can the state be allowed to confine citizens in "cages"?
Professor Kentaro Kobayashi;
Courses to teach : Criminal Law
The title above may startle many of you. A state confining citizens in cages? Although hard to believe, it is an undeniable reality. For instance, if you harm someone without justification, you will be tried by the state. If you are pronounced guilty, you will be sent to prison: in other words, you will be put in a cage. Why is such an act permitted?
You may think, "It’s obvious; if you do something bad, it is only natural that you will be punished." However, unlike divine punishment, it is not inherently "obvious" that the state can punish its citizens. This is because, as you may have learned in junior high or high school, according to the concept of “social contract theory,” the state is permitted to exercise its force only to protect the freedom and safety of its citizens.
In that case, what benefit would the citizens receive by incarcerating the person who inflicted harm? Would the victim's wounds heal by doing that? Of course not. Would the victim's family find closure? Not necessarily, because some victims have no family to begin with. Therefore, justifying the state’s authority to confine citizens requires a difficult and rigorous logical argument.
In the Criminal Law course that I teach, we would be tracing the very roots of how the state's punitive power is justified. We would examine the complex legal theories constructed by our predecessors over years to ensure that this power is never abused. However, since this is a fundamental and abstruse field of law, it is also perhaps the most u npopular s ubject among law s tudents nationwide. Nevertheless, it is a subject profoundly worth studying.
I would be overjoyed if even one of you thinks, "Hey, hearing this actually arouses my interest," and joins me in my class to study this subject together.