現代正義論のパラダイム・チェインジ

九・一一テロの投げかける法哲学的問題について

抄録

Due to the terror on the 11th September 2001, we are aware of the imminent problem of “the clash of civilizations”. It is important for legal philosophers to find out a common perception of justice, so as to overcome political, economical or religious conflicts. By the assassination, the terrorist must confront with the question about the legitimacy of his act. If he justified his murder, he could also justify the terrorism. This justification, however, would come from nihilism. If he cannot justify his murder, his assassination must be injustice. But then, why should he victimize his own life There is a leading case for this problem in the Russian revolution. On the 2 nd February 1905, one of the terrorists, Kalj aev, went to assassinate the Great Prince of Sergius with a bomb, but found a nephew and a niece of this in the wagon. At this moment, he forwent to explode the bomb, in order not to kill the children. After two days, he killed him successfully. According to Boris Savinkov's autobiography, the terrorists aimed to rescue the suffering fellows from the Czarism and to realize the peaceful world. They could not, however, achieve this ideal, because they combated with the violence. They must be agonized, because they murdered another person, even if an evil politician, and contradicted their own idea. Three authors brought up the Kalj aev's action into the literature: Savinkov himself in “The Sallow Horse” (1907), Jiro Osaragi in “The Poet” (1933) and Albert Camus in “Les Justes” (1949). And then Kazumi Takahashi compared these literatures in “Philosophy of Assassination” (1967). We can find, nowadays, a basic approach in this historical affair and these intellectual goods to orient the living of the humankind in the 21 st century to a common idea of justice beyond cultural or religious differences.