Associate Professor Atsushi Masui

Area and Subject Taught Criminal Law
Research Theme(s) Theory of Criminal Responsibility for Collective Action
Academic Degrees Master of Laws, Kyoto University
Keywords for Research Field Criminal Law, Complicity, Collective Responsibility
Office Phone Number 81-75-705-2942

Research Overview

A point of departure of my research is recognition that conventional theories of criminal law which target only an individual action has failed to understand criminal responsibility for collective action. I consider what an appropriate theory of criminal responsibility for collective action is. Concretely, I ask the reason why a participant in a cooperated crime is responsible for the result of which he or she is not the immediate cause, and to what extent such responsibility is applicable. I focus on ideas of relational individuals and relational responsibility to approach those questions Through my research, I aim to achieve the following: (1) to deepen understanding of the structure of collective actions, as a factual base for normative argument, while referring to the results of empirical sciences; (2) to draw more attention to the idea of relational responsibility to define criminal responsibility of individuals based on facts;and (3) to demonstrate that the theory of relational responsibility is effective in settling interpretative problems of criminal substantive law, especially about a crime by mob of rioters or an organized crime.

Notable Publications and Works




「集合的行為の刑事責任に関する予備的考察(1)~(2・完)」法学論叢157 巻1 号55 -84 頁、2005 年、法学論叢157 巻2 号、48 - 73 頁、2005 年。(概要:集合的行為は、集団自体あるいは集団を構成する個人には還元し尽くせない社会的事象であること、その刑事責任は、集団と個人の関係、とりわけ、集合的行為における自己概念の変容という事実的基礎をもとに論じられるべきことを明らかにした。)