Daughter: "Someone once told me that there are two standards in the world: 'justice and evil' and 'like and dislike'"

Ebata: "That's not true. There is only one standard, 'like and dislike'"

Daughter: "Isn't there a 'Justice and evil'?

Ebata: "'Justice and evil' is just a relative concept. It can be easily turned 180 degrees depending on where we stand, so I don't think it's very important.

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Well, I know that many philosophers in the past and the present have thought to death in search of the most 'absolute justice'.

But if it's something we have to think about to death to understand, I think it's terribly tedious and even "dangerous" to put "absolute justice" as a common value standard.

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Ebata: "To begin with, do you know how the operation of the rule of law in a country under the rule of law is carried out? Well, the trial is just one example"

Daughter: "To judge a person only on the basis of evidence and law, without 'subjectivity' right?

Ebata: "That's a pretext. This story was taught to me in law seminar, and I myself was astonished...."

Then I started to talk about the process of a trial.

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(Step.1) The judge decides on the subjective "likes and dislikes" of the defendant and comes up with a rough idea of guilt/innocence and the amount of the sentence.

(Step.2) The judge then lays out in his or her mind the multiple articles of law from which to derive this guilt/innocence and sentence amount.

(Step.3) The judge considers whether these articles can be applied to the case in question. If it works, they apply it to the judgment.

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Ebata: "The above (Step.1) to (Step.3) are shared by not only judges but also prosecutors and defense attorneys.Then, these three parties work together to reach a decision. This is the basic trial approach.

Daughter: "No way..."

Ebata: "Of course, the above is a civil case with clear circumstantial and physical evidence, however, they can add extenuating circumstances, trends in public opinion, and social norms. And finally, the judgment is made based on the subjective standard of "How much can I forgive this defendant?""

Daughter: "'Justice and evil' is not the standard...

Ebata: "'Justice and evil' is a 'tool concept' that exists as a rationale for 'like and dislike'."

Daughter: "Then what is the point of the law's existence?

Ebata: "No, no, the important point is this: 'Even if they start from 'like and dislike', they can't make a judgment based only on 'like and dislike'".

Daughter: "?

Ebata: "It doesn't matter what kind of law they use, but they must always make a logical (pretend) judgment based on a clearly stated law -- this is the principle of the rule of law, and it is also the last resort."

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In that sense, "Toyama no Kin-san" made judgments based on "likes and dislikes" alone, and at his own discretion.

As for me, I think that "Toyama no Kin-san" has definitely functioned as a "false accusation manufacturing system".

That's why I want to watch a TV drama whose title is

"Tozan no Kin-san, the 'False Accusation' Catcher's Notebook"