Akiko Funabashi

Criminal Law, Medical Law

Criminal negligence, medical malpractice

I am researching criminal negligence theory. Negligence is defined as a violation of the duty of care, but the nature of the duty of care is not necessarily clear. Therefore, I am focusing on the connection with foreseeability in determining the standard of duty of care. In particular, I am interested in how we should consider the standard of duty of care required of doctors, who have higher knowledge and abilities than the average person, and also when new technologies and methods can be required as a duty of care. In addition, since my research began with a case that combined both medical malpractice and drug-related injuries, I have also been interested in medical law, bioethics, and research ethics in the context of medical research, in particular.

General theory of criminal law, specific theory of criminal law, GLP seminar, etc.

Criminal Law and Medical Law Research

This seminar, which focuses on criminal law and medical law, aims to acquire basic knowledge through the examination of basic criminal law cases, and to cultivate practical skills through the examination of medical law cases. For example, when considering euthanasia, in addition to the criminal law issues, this seminar considers what explanations and understanding are necessary for valid consent, as well as formal requirements and their substance.

The basic flow of the seminar is to review the assignments (court cases, teaching materials, etc.) that will be distributed in advance, and on the day of the seminar, there will be 1) a presentation by the representative, 2) review and discussion of court cases, etc. (group work), and 3) review and discussion by everyone to deepen their understanding.
Depending on the students' wishes, we may also examine case studies in criminal law and medical law, as well as tackle issues in bioethics.

• Graduated from Meiji University Faculty of Law
• Studied at Friedrich-Schiller University Jena (Germany)
• Completed master's program at Meiji University Graduate Graduate School of Law
• Graduated from Meiji University Graduate Graduate School of Law Doctoral Program
  After working as an assistant professor at Meiji University's Faculty of Law and a specially appointed researcher at the Institute of Medical Science, University of Tokyo, he became a full-time Lecturer at Soka University's Faculty of Law in 2022. He holds a PhD in Law.

Japan Criminal Law Association, Japan Medical Law Association, Japan Society for Bioethics, Japan Society for Quality and Safety in Healthcare

• On the subject of foreseeability in negligent crimes: focusing on the conflict between the concrete foreseeability theory and the fear theory (Meiji University Law Research Review No. 49)
• 20 years of "criminal medical malpractice" -- Reviewing the discussion toward mutual understanding between medical professionals and lawyers -- (Law & Practice No. 14)

Criminal law, which deals with crimes and punishment, may be difficult to understand at first, even though it is in Japanese. However, just like learning a foreign language, you should understand the meaning of each word, create sentences using technical terms, and gradually become able to write longer sentences. While acquiring the basics in this way, let's think about legal precedents and academic theories together and have fun learning.