法哲学年報
Online ISSN : 2435-1075
Print ISSN : 0387-2890
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大屋 雄裕
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2010 年 2009 巻 p. 93-97

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On difference between objective risk and risk recognition, which frequently discussed today, we need to consider not only the possibility of distorted recognition, but inappropriate risk indicator, as its cause. Especially when we suppose that democracy shall respect each citizen’s free and autonomous decision based on his own evaluation of risk, we need to accept subjective risk as the given condition. Matsubara’s opinion that the deliberation in criminal justice came to be difficult due to the lack of reversibility in that field is appropriate, and thus we need to be cautious for the horror-house society to come, in which the others are thought to be dangerous in itself and to be excluded from we. who strengthen our union and have enjoyment on their exclusion, as Kazuya Serizawa put it. Rejecting the revival of traditional society as reaction to that tendency, however, we will face the temptation to establish the mirror-house society, in which all the subjective shall he surveyed indifferent to whether he is a part of we, or the others, since at least it offers us an equal, and thus fit for justice, society. What Matsubara's opinion showed us was. inspite of his own intent, that the evaluation of this new social image shall be the next step for us.
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© 2010 日本法哲学会
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