Defamation in cyberspace: A Japanese perspective

The aim of this paper is two-fold: first, to introduce how Japanese law and its jurisprudence have dealt with the case of on-line defamation, which is arguably one of the most acute problems in modern society, and second, to critically examine the efficacy of such an approach. The recent decision of the Supreme Court in on-line defamation (as oppose to off-line defamation) will be introduced as an exemplar of the way Japanese law and its jurisprudence have dealt with such an acute problem. A first step will be to provide, by way of background, a brief overview of how defamation in a conventional sense has been treated by the Japanese legal system. The second step will be to outline how the Japanese jurisdiction has dealt with on-line defamation, that is to say, to what extent the Japanese court regulates on-line defamatory comments made by the ordinary people. A third step will be to examine the efficacy of such an approach, and the final step will be to examine whether the UK court can learn a lesson from the Japanese jurisdiction. The author will draw upon Japanese jurisprudence, in order to consider whether a valuable lesson might be offered to the UK jurisdiction.     

The Current State of Japanese Research on the History of Chinese Women (1900-1949)

Abstract

Based on recently available new evidence, this study revisits the Gao Gang affair in the early 1950s, with an emphasis on Mao's role in manipulating elite politics as a way of strengthening his charismatic leadership. The CCP elite politics in the early 1950s were in essence "court politics" centered on and manipulated by Mao. Afraid of being sidelined by Beijing's "managerial elite" in economic reconstruction, Mao promoted Gao and other regional leaders, while stripping powers from Liu, Zhou, and their associates. By the end of 1953, Mao started to suspect Gao's loyalty and Gao's promotion backfired. Mao quickly abandoned Gao and isolated him, Gao's downfall was as quick and sudden as his rise. Mao's chief concern was none other than the enhancement and strengthening of the belief in his infallibility, which was the foundation of his charismatic authority.     

The identification of a victim using the DGGE method for trace deposits collected on adhesive film

The denaturant gradient gel electrophoresis (DGGE) method was used in order to simultaneously estimate the genotypes of different factors in a gel plate consisting of one sheet. A genotype analysis of the blood groups (MN, Duffy, Kidd type) and serotype (Gc system) was carried out. DNA samples were extracted from trace deposits which were transferred on adhesive film from a blood trace obtained from a car tire after a fatal car accident. The reference DNA was prepared from the victim's blood. The PCR amplification fragments were amplified from the gene which controlled each blood group. The primers were designed in order to analyze the genotypes with one to three base substitutions in the amplification product. The denaturant concentration limit of the gel for the DGGE method to detect each genotype of the blood groups (MN, Duffy, Kidd type and Gc system) and other conditions of electrophoresis were performed according to previously methods.The each genotype of the blood groups and the Gc system were all simultaneously distinguished in one plate.     

Detection of pretreated fingerprint fluorescence using an LED-based excitation system

Abstract:  Optimization of a light emitting diode (LED)-based excitation system for the detection of pretreated fingerprint fluorescence is described. Fluorescent ridges can usually be excited by irradiation with forensic light sources such as xenon arc lamps or quartz-halogen lamps with high-power output and suitable filters. However, they are too expensive for many crime laboratories in smaller organizations. We concentrated on LEDs which have advantages over conventional light sources in that they are simpler and of lower cost, but the power output and quality of each individual LED unit is not sufficient for the detection of weak fluorescent ridges. To resolve this subject, blue and green LED arrays composed of ninety LED units were adopted and suitable low pass filters for them were designed. An experimental system, consisting of blue and green LED arrays with the suitable low pass filters for illumination, high pass filters for viewing, a digital camera and a computer, was tested. The fluorescent images of cyanoacrylate ester fumed/rhodamine 6G stained fingerprint on white polyethylene sheet and weak fluorescent ridges of ninhydrin/indium chloride treated fingerprint on white paper were successfully detected and photographed. It was shown that the improvement of LED beam in intensity and quality can compensate the disadvantages, resulting in well-contrasted images.     

Kamalaśīla on Doubt as the Cause of the Activity of Reading

As Funayama has shown, Dharmakīrti’s successors had an animated discussion on the nature and function of the initial statement (ādivākya) of scientific treatises in terms of its effectiveness and requisites. Arca?a (8th c.) in his comments on the initial statement of the Hetubindu considers that the initial statement, which contains the purpose (prayojana) of the treatise, is useless in prompting people to undertake the activity (prav?tti) of reading the treatise because judicious people are supposed to undertake action only due to certainty (ni?caya) which never arises from something that is not a pramā?a. For Arca?a, the initial statement is set forth only to dispel the objection of an opponent who criticizes the treatise for not having a purpose. Kamala?īla (8th c.) criticizes Arca?a on this point; for him the initial statement is effective to prompt people to undertake the reading of the treatise because people act also on the basis of doubt (sa??aya), which arises from the initial statement that is not a pramā?a but an abhyupāya for action. This paper attempts to consider how such doubt can cause reading by examining the debate in the Tattvasa?grahapañjikā and related texts. As Kamala?īla presupposes, when people act due to doubt, they may attain the desired purpose by chance but cannot escape the risks of not attaining an desired purpose and also of attaining an undesired purpose. Taking these risks into consideration, it is reasonable for Granoff to take up Kamala?īla’s position as an example of the maxim of kākatālīya in the introduction of her paper in the present volume. However, the probability for the readers of the Tattvasa?graha to achieve easy comprehension of tattva as a result of reading a full treatise, which they undertake due to doubt out of the initial statement, is higher than that for a crow being suddenly killed by a falling palm-fruit. According to Kamala?īla, the risk of not attaining the desired purpose does not prevent people from reading because such fear equally occurs in activities based on certainty. Furthermore, there is no risk of attaining an undesired purpose from the treatise because authors are supposed to undertake action only for the sake of others. Therefore, doubt which arises from an abhyupāya can make people undertake action.     

东北亚安全合作机制国际研讨会主要观点

“东北亚安全合作机制”国际研讨会于2005年8月3-4日在北京召开。会议由中国现代国际关系研究院与福特基金会共同主办,来自中、美、俄、日、韩、朝六国的20多位专家学者,围绕传统同盟关系、六方会谈、双边关系、非传统安全、经济合作与东北亚安全合作,以及建立东北亚安全合作机制的困难和方案等议题进行了广泛、深入的探讨。现将会议一些主要观点摘要选登如下,以飨读者。     

The online defamation maze: are we finding a way out?

The main purpose of this paper is to examine the efficacy of the first decision that explored online defamation (as opposed to offline defamation) delivered by the Supreme Court of Japan. A discussion of the future implications of the case is then undertaken. The paper supports the First Instance (the Tokyo District Court) decision and its approach, and argues that such an approach might have provided greater implications for the future. The author also argues that the Tokyo District Court seems to have taken a more reflective view on the fluidity of online defamation and the nature of the online environment, and shows a degree of willingness to accept and incorporate such a nature. The author concludes that the Tokyo District Court's approach, although it could be seen as rather radical and extreme, seems to be more persuasive than that of the Supreme Court. It also submits that the court might have brought a more balanced and healthy outcome for the beneficiaries, including not only the claimants, the defendants, but also society as a whole. It is the case that innocent internet users can potentially be both the passive and active recipients of the information (i.e. comments posted on webpage). Before a detailed analysis and examination of the case is undertaken, a brief outline of how Japanese law and its jurisprudence have dealt with the traditional form of defamation (i.e. offline defamation) is provided as background.     

The Political Economy of Familial Relations: The Japanese State and Families in a Changing Political Economy

This article explores the ongoing negotiation over the boundaries between the world of political economy and families by analysing the reactions and responses of the Japanese government and feminists to changes in the political economy as well as popular patterns of family forming since the 1990s. This negotiation has occurred through the transition in the political economy brought about by globalisation and neo-liberal political reforms, and the re-calibration of family and gender roles has emerged as its primary ground. As a result, Japanese women are being required to make a hasty leap from the Fordist model of family life to a more self-steering idea of the individual. This ineluctably re-calibrates the bio-political arrangement into a more advanced mechanism, while discussion of the ‘ethics of care’ has been left relatively absent. Taking up these issues, this article discusses the implications of a changing political economy on Japanese families.     

On the Buddha’s Cognition of Other Minds in the Bahirarthaparīkṣā of the Tattvasaṅgraha

This paper aims at examining the arguments between ?ubhagupta (c.720–780) and ?āntarak?ita (c.725–788) over the Buddha’s cognition of other minds and shows how the question of the Buddha’s cognition of other mindsis incorporated into the proof of vijñaptimātratā or “consciousness-only” by ?āntarak?ita. According to ?āntarak?ita, ?ubhagupta assumes that the Buddha’s cognition, which is characterized as “the cognition [of the Blessed One] which follows the path of cognition” (aupalambhikadar?ana), grasps other minds when the Buddha’s cognition is similar (sārūpya) to other minds. For ?āntarak?ita, the Buddha’s cognition cannot be aupalambhika. If the Buddha’s cognition were similar to the other minds, it would follow that the Buddha, whose cognition erroneously grasps other minds as something distinct from it, has not yet removed the hindrance constituted by objects of knowledge (jñeyāvara?a). But if it is accepted that the Buddha’s cognition is beyond the grasped-grasper duality, can the Buddha, who does not know other minds, be called sarvajña “omniscient”? According to ?āntarak?ita, even though the Buddha has no seeing (adar?ana), the Buddha causes all sentient beings to gain benefits by virtue of seeing other minds and hence deserves to be called sarvajña. What underlies this argument is that the Buddha knows other minds without making a distinction between his own mind and other minds, which is possible only on the basis of self-cognition (ātmasa?vedana).