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Rakusho no Goku #24

2011.08.25(Thu)

Juuni Kokuki — 十二国記
(The Twelve Kingdoms)

Rakusho no Goku — 落照の獄
(A jail of the declining Light)

By Ono Fuyumi — 小野不由美

Translated by o6asan

 

   But, when they discussed the rights and wrongs of the death penalty seriously, he felt that stopping the death penalty wasn’t reasonable. Until this moment, it was rather strange what he had no doubt about stopping the death penalty. Instead, he asked himself that he would accept the revival of the death penalty at this moment, but he also felt something wrong against it. In his mind, he heard his voice to whisper ‘it shouldn’t’.
   Eiko(瑛庚) was at a complete loss, and asked Sotsuyu(率由).
   “Well, — What dou you think about this, Sotsuyu(率由)?”
   He dared not call his title but his name. Sotsuyu(率由) blinked hesitantly and lowered his eyes.
   “In fact, I have doubts, sir. About Shudatsu(狩獺), I think it should surprise no one that we will execute him. But I cannot help feeling whether it’s wrong.”
   Sotsuyu(率由) said and smiled wryly.
   “Honestly, I hoped Tenkei(典刑) would argue me down that I was wrong.”
   Jokyu(如翕) sighed in an bewildered way.
   “I tried to find a way out of the difficulty, but I couldn’t. I — still consider that the death penalty is wrong though I cannot talk down Shishi(司刺).”
   “First, I am deeply concerned about the revival of the death penalty leading to abuse of it.”
   Sotsuyu(率由) said.
   “But now, while I advocate the use of the death penalty, I begin to feel something unreasonable. I quickly said ‘our responsibility’ without deep thinking though, if we, Shiho(司法), fear to abuse, we do a simple matter of stopping it. — We should do, shuldn’t we? It’s O.K. for other officials to fear, but I wonder it’s strange for us to fear, I mean, none other than me, one of judicial officers.”
   Eiko(瑛庚) nodded and thought he had a point.
   Jokyu(如翕) let out a breath.
   “Actually, the more we talk about the death penalty, the more I think it’s neither taught nor learnt, we revenge our dead with the death penalty. It’s natural victims’ family thinks so, the others who have no relationship with them insist the same thing. This is fundamental justice – or rather, it is a reflex beyond the theory, I think.”
   “…… reflex?”
   Jokyu(如翕) nodded yes.
   “What they request to the death penalty is beyond the theory, on the other hand, what we stop the death penalty is just a theory. I feel it to play around the theory. Lacking realistic feeling. I can’t say it’s anything but the death penalty is cruel. As most of five punishments(五刑) have been cruel and they have been avoided, the death penalty should be avoided.”
   “Hmmm……”
   The original five punishments(五刑) were tattooing the face or forehead(黥), cutting off of the nose(劓), amputation of one or both feet(刖), castration(宮), and the death penalty(大辟). They were punishments for the felony like murder, but there were almost no countries still had enforcement of all. To avoid them was a trend because they were too cruel and they were an outrage on human rights. At Ryu(柳), the word five punishments(五刑) only remained in the meaning of equivalent of old five punishments.
   “Cutting nose, cutting feet– if we say they are cruel, the death penalty is cruelest. At least, in a country ruled by law, we shouldn’t use it, in my opinion.”

 


 

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