SECRETIVE SYMBOLISM? THE DEATH PENALTY, EXECUTIONS, AND JAPAN

The importance of analysing the death penalty and state-imposed executions is derived from their concerning the right to life, and their retaining widespread support throughout retentionist, abolitionist de facto, and abolitionist states worldwide. Discrepancies in the execution rates of retentionist states appear reducible to their serving symbolic or pragmatic functions i.e. they are used primarily to validate public opinion or primarily to deter crime. Prima facie, Japan seems akin to a symbolic state, due to its low execution rate and its official justification for both retaining the death penalty and continuing to use executions i.e. doing otherwise would be undemocratic. However, the practices that surround executions in Japan shroud them in secrecy and silence, which appears at odds with both its apparent symbolic function and this justification. This makes Japan a uniquely important case study for research on practices surrounding executions. Understanding why this contradiction exists will entail a more nuanced understanding of the ways in which the death penalty, executions, and the practices surrounding them, can function in retentionist states. This essay aids such understanding by critically analysing this official justification and various other arguments for why this might be the case and advancing an alternative explanation.