I was recently watching the Death Note series again this weekend and surprisingly enough I decided to create a post about it. For those of you who have never seen Death Note and are unfamiliar with the premise, here is the Wikipedia entry. Death Note is a completed manga/anime series. There are also three live-action films. The series is about a student (named Light), who by chance receives a notebook (Death Note) from a God of Death which gives him the power to kill. There are rules involved with how the Death Note works but they are irrelevant to this post. Light uses the Death Note, in an attempt to create an ideal world, by eliminating the world of criminals (specifically ones who have committed felonies). Light believes that this is the righteous and just thing to do, and by doing so he creates fear in the citizens of the world which causes them to not want to commit crimes. Light plans to be the God of this ideal world, and seems to represent John Austin’s “command theory of law”, or at least somewhat. In turn a character known as L, along with members of the police/detective force attempt to oppose Light for they believe that what Light is doing is wrong; they label him as a murderer and believe that what he is doing is not only against the law but injustice. There seems to be two opposing schools of thought here, but before I get to those I’d like to point out the similarities to what Light believes and what we have been learning. First of all, there is John Austin’s “command theory of law”, Light imposes his will and some people obey out of fear. Secondly, Light believes the justice system in place currently has failed in punishing these criminals which can be somewhat associated with the CLS theory of law at least in relation to the speed at which adjudication and law-making happens. Light also seems to break laws in order to correct what he believes needs to be corrected with the law system. Similarly, L also breaks laws but only in order to catch Light (and later other people who obtain other Death Notes). But however, L and especially the police force have a different view of justice; one in which can only be achieved through the legal system itself rather than this single “God”.
The Death Note series deals with many theories of justice and how to achieve justice, as well as many theories of law. I have only scratched the surface of what is in the series and have left many details out. I implore you to watch the show; here is a YouTube link to the first episode, as well as a link where you can watch the entire series either dubbed (in English), or not (In Japanese with English subtitles-I recommend this).
I’m not here to recruit you to watch or even read the series though. I would like to hear your opinion on the two opposing groups, and more importantly ask-what would you do with a Death Note if you were to receive one? Would you attempt to pursue a path similar to Light’s or take a different route?
I think the concept of proportional punishment is an essential component of our legal system. Disciplining all felons with death is not only unreasonable and illogical, but immoral as well.
ReplyDeleteAdditionally, Light seems to refuse to acknowledge the incaraceratory system's role in as a rehabilitator. One famous example of the prison system's ability to carry out this role was the dancing by Filipino inmates to Michael Jackson's Thriller.
Our judicial system certainly doesn't have a 100 percent success rate in rehabilitating criminals, but I think we should give people the chance to learn from mistakes and misdeeds.
I would say that my perception of criminals and Light's are a result of our divergent moral codes. Based on our differences, one can surmise that a judicial system based wholly on natural law would somehow conflict with nearly everybody's moral beliefs.
I agree that the disciplinary action of murdering all felons is unreasonable and immoral. Going into and a complete state of elimination for those who commit felonies seems quite preposterous. I think this because we can not count in all the effects that incarceration has on an individual criminal and society. As stated, there are several rehabilitative and deterrence outcomes that are found through corrections system.
ReplyDeleteI must also question that a Death Note in the hands of the wrong person could be dangerous. By what criteria does Light have to determine who is criminal and who deserves to be in the Death Note as opposed to another felon. Morality comes into serious thought when I consider how the determination would come about. I would go along with the opposing side of Light and say that the law does not need a master of the criminal system.