The Death Penalty in Japan: A Contribution to Criminal Theory

The original text of this book was published in Japan in the spring of 2022. In it, I addressed the death penalty, which still exists in the current Japanese legal system, and I attempted to highlight the fundamental problems with this manner of punishment and reignite a debate that had long since become rigid and diametric. Despite its challenging content, the book has found an unexpectedly large readership, including non-lawyers. It has been reported on in several daily newspapers and has received an unusually large number of reviews. The influence of this book is – at least for the author – gradually becoming apparent, particularly in recent debates on the death penalty among lawyers.

I am delighted that this book has been translated into German and can now be read by the German public. Some of course may wonder what the point is of publishing this book in Germany, where the death penalty was abolished three quarters of a century ago and is no longer relevant. Yet anyone interested in Japan – a close economic, cultural, and academic partner of Germany – will find that this book offers insights into the legal landscape of the country and the Japanese way of thinking, as I have attempted to paint a comprehensive picture of the death penalty in Japan and explain the reasons why the Japanese still consider it indispensable. This book can also be read from the perspective of comparing law and culture; considering that Japan once adopted the German criminal law code and has been strongly influenced by it to this day, it becomes interesting to explore the reasons why the Japanese have, in this regard, taken a different path and still adhere to the death penalty.

Furthermore, as the subtitle of this German edition makes clear, the book attempts to explore the issue of capital punishment in criminal theory by explaining in detail the nature of criminal law and punishment. I am therefore delighted by the thought that German readers can use this book as a basis for reconsidering the universal topic of criminal law and punishment.

[Excerpt from Foreword]