In Before the Death Penalty (死刑の前, “Shikei no mae”), Shusui Kotoku reflects on life, death, morality, and the death penalty while awaiting his own execution in Tokyo Prison. He discusses how death is inevitable and should not be feared but rather embraced as a natural part of life. He also argues that social value lies in one’s personality, accomplishments, and influence, and that death can be seen as remarkable if one lived and died for a purpose. Kotoku acknowledges that not everyone has the natural endowments for a long life, but that the prime of life is the time to work with all one’s might for something important.
Kotoku also reflects on the death penalty and how its fear and horror stem from the belief that only extremely wicked or guilty people are sentenced to death. He argues that the justification of the death penalty is not important to the individual facing it, and that when it is time to die, one should face it with complete peace of mind and satisfaction. Ultimately, Kotoku suggests that death, whether it be by the death penalty or by natural means, should be accepted with grace and dignity.
- Chapter One: Life and Death
- Chapter Two: Fate
- Chapter Three: Morality and Crime
- Chapter Four: Reflections on My Life
- Chapter Five: Reflections in Prison
Chapter One: Life and Death
I am now confined in a room in Tokyo Prison, awaiting execution. Oh, the death penalty! For most people, there is no more wicked or terrifying phrase. Even if they have read about it in newspapers or books, I doubt that anyone ever expected to directly face this dreadful sentence. Yet here I am, truly facing the prospect of being executed.
Those who loved me and those who were close to me would have been filled with disbelief and confusion upon hearing that I was to be sentenced to death. And when they confirmed the truth of it, they would have felt so pathetic, ashamed, and sorrowful. My aged mother, in particular, would have been pierced through the heart with the blade of despair.
However, for me now, the death penalty is nothing. I cannot speak freely about the serious crime that led to my conviction, especially since the public was prohibited from attending my trial. Perhaps someone else will speak about it on my behalf a hundred years from now. Nevertheless, the death penalty itself means nothing to me.
This is not an exaggerated claim or a grandiose statement, but a sincere expression of my true feelings. Anyone who truly knew me and understood me would surely sense this. Sakai Toshihiko said to me, “I don’t feel anything unusual about this; it seems like a natural outcome.” Koizumi Sanmen said, “Even if you end up like this, it’s all right.” Even my aged mother, whom I thought would be filled with despair, quickly said, “I am not surprised by this outcome, as I had already prepared myself for it. Don’t worry about me.”
The death penalty! For me, it is truly a natural outcome. This is fine with me. I should have already been prepared for it. As far as I am concerned, it is not a wicked or terrifying thing, as most people in the world might think.
I am in prison, expecting the death penalty, just as a terminally ill patient would be in a hospice. It might even be easier for me, as I am not suffering from any severe physical pain.
Perhaps this is due to my cruel nature, or my foolishness, or maybe it’s just something I cannot understand about myself. However, at this moment, I have almost the same thoughts about human life and death, especially about the death penalty, as I have expressed here.
Chapter Two: Fate
Heraclitus said, “All things flow.” All phenomena are impermanent, and the universe is in a constant state of change. The substance of reality itself is thought to be eternal and unchanging, but the material and forces that make up the world are constantly in flux, manifesting themselves in an infinite variety of forms. Everything that comes into being must eventually pass away. Everything that grows must eventually decay. Strictly speaking, everything in existence is already dying from the very moment of its birth.
This is the fate of the sun, of the earth, and of all the planets. It is the fate of all organic life on this planet, from the smallest bacteria to the largest elephant. This is what astronomy, geology, and biology teach us. Can any one of us escape this fate?
Human death is an ordinary and ever-present fact, without the need to wait for scientific theories to explain it. In the face of death, all distinctions of social status, wealth, morality, and intelligence disappear. No amount of knowledge or power can help us evade it. Anyone who attempts to avoid or resist death is a fool. It is like seeking the elixir of immortality in the ocean or trying to build a tower to heaven in Babel.
Undoubtedly, many people are afraid of death, but even they know that death is inevitable. Some may even hope to live to be 125 years old, like Count Okuma, or to attain eternal life, but for most people, even living to be 80, 90, or 100 years old seems unlikely. So, their fear of death must come from other reasons.
These reasons may include: the fear of dying young and not experiencing the fullness of life; the fear of being separated from loved ones and wandering alone in the afterlife; the fear of leaving behind the pleasures, power, and possessions of this world; the regret of not completing one’s goals and projects; the concern for the future of one’s offspring; and the fear of the pain of dying.
In short, people are not afraid of death itself, but rather of the various beliefs, desires, foolishness, obsessions, and attachments that they hold. If their circumstances or nature were to change, or if they were presented with a more compelling reason, they might not be afraid of death at all. In fact, some people willingly face death for the sake of love, fame, honor, freedom, or escape from suffering.
Death has been regarded as something ancient and sad. However, it is only sad and distressing for the surviving loved ones who have lost someone they cared for, respected, or trusted. For the deceased, who returns their three souls and six spirits to emptiness, and whose senses and memories are supposed to immediately disappear, there should be no pain or sadness. The deceased pass into a peaceful sleep without feeling, knowing, joy, or sorrow. Yet, due to the thousands of years of mourning and grieving by spouses, children, relatives, and other surviving individuals, death has become something to be mourned and feared in a vague and uncertain way. The ancients used to say that separation in life is more tragic than separation in death. The dead have nothing to fear or mourn in death. Rather, it is those who are still alive and who mourn and lament who experience sorrow.
Indeed, all living beings have a survival instinct, which includes obtaining nourishment and sustaining life. As a result, it seems natural for humans to avoid death and resist it at all costs. However, there is also an instinct for species preservation, which includes love and reproduction. This instinct can cause individuals to disregard their own well-being and act recklessly, which is also a natural tendency. The former is often associated with selfishness, while the latter is associated with altruism.
These two instincts have been traditionally considered incompatible, and in practice, they can sometimes conflict with one another. However, this contradiction or conflict is not inherent to their nature but rather imposed by environmental and societal factors. They should be completely compatible and in agreement. In both animal herds and human societies, those things that are always in conflict or contradiction with these two instincts will perish, while those that can achieve unity and agreement will prosper.
This unity and agreement are always achieved by preparing and building the foundation for species preservation through self-preservation. Fertile reproduction always comes from a healthy life. This process involves a constant renewal of cells, and when the instinct for species preservation is highly active, the instinct for self-preservation has already completed its mission. Flowers are delighted to bloom in order to bear fruit, and mothers are pleased to expend their life’s blood for the sake of their child’s growth. It is natural for young people to resist death for their own sake, and for older people to accept death for the sake of their species. This is not a contradiction, but a proper order. Human instincts do not necessarily fear natural death. They are all prepared to accept this fate.
Therefore, the issue is not when humans die, but rather when and how they die. It is more important to consider the life one has lived and how it has been spent before death.
Chapter Three: Morality and Crime
Unless one is insane, no one wishes to live forever or indefinitely. However, everyone desires to die of old age, if possible. But in reality, to die a natural death after living out one’s full lifespan without illness, injury, or extreme old age, like a candle burning out, is exceedingly difficult. This is because it requires complete attention, methods, and facilities to prevent all illnesses and avoid all disasters.
In the future, after hundreds of years have passed, civilization will continue to progress, and public health knowledge will develop further, along with all public facilities being secure, and individuals' clothing, food, and shelter reaching an extremely high level of perfection. At the same time, people will always be mentally peaceful and comfortable, and there will be no suffering or hardships to damage their mind and body. In such a world, people will generally be able to live out their full lifespan. I hope that such a world will come as soon as possible.
However, at least in today’s society, the capital city of the East, there are terrifying pathogens everywhere on the ground and in the air. Trains and electric trains collide with people every day. The prices of rice, stocks, and commodities fluctuate rapidly. The police, courts, and prisons are extremely busy. In today’s society, if there were anyone who could die a truly natural death without illness or injury, it would be a rare and fortuitous occurrence. In reality, even people who have tremendous power and millions of riches, and whose clothing, food, and shelter are almost perfect, as well as those who live ascetic lives of self-control, abstinence, austerity, and effort for their health like those of the religious orders, rarely die without illness. Let alone the powerless, the poor, the weak, and the foolish. They usually die prematurely due to causes such as malnutrition, excessive labor, filthy living conditions, toxic air, extreme weather, and even mental stress. They die of various illnesses before reaching their middle age. Not just from illnesses, they die of starvation, freezing, drowning, burning, earthquake, run over by vehicles, caught in factory machines, suffocated by mine gases, murdered for personal gain, and committed suicide due to dire circumstances. The fire of human life today is not extinguished by running out of oil, but rather by being blown out by a fierce wind. I don’t have statistics at hand right now, but even if we only count unexpected deaths other than deaths from illness, there may be tens of thousands of deaths each year.
In the animal kingdom, where sardines become prey for whales, sparrows for hawks, and sheep for wolves, evolution has brought forth a world where the strong prey on the weak, and many weak individuals become direct or indirect victims of the struggle for survival. This is an inevitable phenomenon in human society, which has only evolved for tens of thousands of years. The desire to live out one’s natural life span is not unreasonable, but in reality, it is very difficult to achieve. This is especially true for those like me, who are weak and foolish.
Personally, I never had the desire to live out my natural life span. I believe that longevity does not necessarily equal happiness, and that happiness lies in living and dying with one’s own satisfaction. If there is something that can be called social value in life, it is not in longevity, but in one’s personality, accomplishments, and the influence and impact one has on the world and future generations. I still believe this to be true.
It is difficult for anyone to live out their natural life span, not just oneself. Moreover, simply living out one’s natural life span does not necessarily guarantee happiness or hold any inherent value. Therefore, we should accept not only natural deaths, but also deaths that are unnatural or caused by disease. We should strive to feel satisfied and happy in our lives and deaths, and leave behind a positive influence and impact on society that is commensurate with our abilities. This is achievable for everyone, regardless of their station in life, as long as they have the right mindset.
Even if we die unhappy or prematurely due to disease, hunger, or exposure, like Masaoka Shiki, Mitsuru Adachi, Boyi and Shao Ling, Fuka Midori, Sakuhei Fujiwhara, and others, their deaths can be seen as remarkable if they lived and died for a purpose. They transcended life and death for a cause, for their profession, for their courage, for love, for loyalty, and many others, which brought significant social value to their lives and deaths. Some of them died feeling satisfied and happy.
Kusunoki Masatsura, who wrote the song “Azusa Yumi” on the door of the Nyoirin Temple, died in battle at the young age of 22. Kimura Shigenari, who tied the secret cord and scented his helmet with fragrant oils, also died in battle at the young age of 24. They both pursued death in battle as an honor rather than dying of illness, due to their respective circumstances. And they both died feeling happy and satisfied. Moreover, both of them died in what is truly called an “honorable death in battle.”
If the 47 Ronin of Akō had not chosen to die, would they have all lived an honorable life and died a natural death? Would they have avoided the misfortunes and shame that some of them faced? It is a matter of debate whether their deaths were truly happy for them or not. But they all died feeling satisfied and happy, even if some of them lived to be 70 years old, like Yoshida Chūemon, or were only 16 years old, like Oishi Kuranosuke. The social value of their deaths has nothing to do with whether they lived long or short lives.
It is difficult to find a place to die in life. However, I think that whether it was Masatsura, Shigenari, or Kuranosuke, who died at a young age and in a way that is considered unnatural, they all found a good place to die. Instead of mourning their deaths, I believe that we should celebrate them.
Chapter Four: Reflections on My Life
That being said, I do not dislike long life as useless and pointless. Life is a precious thing. If a life is filled with happiness and satisfaction, then of course, the longer the better. It is well known that to cast a great light on one’s character and to make a great achievement known to all, it often takes many years.
Ino Tadataka began studying surveying with Takahashi Sakuemon at the age of fifty and completed a map of the entire country of Japan at the age of over seventy. Zhaozhou (Jōshū) spent twenty years in ascetic training starting from the age of sixty, achieved enlightenment and helped to guide people for forty years after. It was surely because the Buddha lived until the age of eighty that his teachings shone brilliantly throughout the world. Confucius found his destiny at the age of fifty, corrected his hearing at the age of sixty, and followed his desires at the age of seventy without exceeding the limits of propriety, becoming more wise and virtuous as he grew older.
For those who possess extraordinary health and vitality and can utilize their lifespan for the cultivation of their character and the completion of great achievements, longevity is most honorable and happy.
However, as previously mentioned, such people with such natural endowments and circumstances are truly rare in today’s society. Others must simply accept premature and unnatural deaths. Even if one were to live by chance to an advanced age, without good health and mental strength, one may fall into long-term poverty and suffering, unable to enjoy life or benefit society. In such a case, it may be better to die young rather than live in misery and confusion.
As people age, they often become weaker and their physical and mental abilities decline, with some exceptions. Depending on one’s genetic qualities and surrounding circumstances, age may not be consistent, but there is always a time when one’s health and knowledge are at their peak. In other words, there is a period of time known as the “prime of life”. Thus, with regard to morality and knowledge, one can often continue to progress well into old age, but for businesses that require energy and vitality, passing the “prime of life” renders one almost useless, with any powerful stone arrow eventually reduced to a thin piece of cloth, and a once magnificent Kirin becoming inferior to a workhorse.
Sumo wrestlers are a prime example of this. Even in literature and the arts, the greatest masterpieces are often produced during a time when the artist has yet to achieve fame, rather than in their later, more mature years. Revolutionary movements, which require the most passionate convictions, boldness, and energy, must be led by young men. Throughout history, revolutions have always been led by young people. The most influential people in the Meiji Restoration were all in their twenties and thirties. Robespierre, Danton, and Eber, the architects of the French Revolution, were all remembered as being 35 or 36 years old when they were executed.
During this prime of life, whether for humanitarian, business, romantic, or spirited reasons, working with all one’s might and never giving up even after falling down for the sake of someone or something one believes is more important than one’s own life, is a noble death, and it can also have a profound impact on society and people’s hearts. If one does not die at such a satisfying time, one will suffer a greater shame than death. Indeed, I see many people who have not found such a place to die and are living in miserable shame.
In the summer of two years ago, when the writer Hasegawa Nitetarō passed away on his return journey from Russia, the whole country mourned his death. Sugimura Sochō jokingly said to me, “It would have been quite an achievement if you had died on a ship during your travels to or from America last year.” Although his words were a joke, it is true that I might have died at that time. Because I didn’t die then, I am now not remembered as someone who achieved something great, but rather as someone who is foolish and has brought shame to himself. If I continue to live, my shame may only become greater.
Therefore, premature or unnatural death is not necessarily something to be despised or mourned. If there is something to be despised or mourned, it is death that comes unexpectedly or without preparation, death that is accompanied by mental anguish due to unrealized desires or attachments, or death that is accompanied by physical pain due to illness or injury. I have experienced none of these conditions, but rather a fate other than those conditions.
In today’s society, it is difficult for anyone to live to their natural lifespan. However, if a person can die with satisfaction, happiness, and a social value commensurate with their life – I do not expect anything extraordinary – then there is no reason to mourn or dislike any form of death, whether it be death by disease, starvation, freezing, drowning, earthquake, being hit by a vehicle, suffocation, suicide, or homicide.
If that is the case, what about capital punishment? What is the difference between it and these various types of death in terms of their physiological unnaturalness? Is there any reason to despise or mourn it more than these various types of death?
Chapter Five: Reflections in Prison
The death penalty is considered the most heinous and terrifying thing. However, in my opinion, as a mere method of death, it is not particularly worse than death by illness or other unnatural means. Furthermore, there may be nothing better than the fact that it allows for full preparation and does not involve physical pain.
So why do people generally consider it so heinous and terrifying? It is probably because they believe that only extremely wicked or guilty people are sentenced to death. Becoming someone who is sentenced to death for such wickedness or guilt would be considered a disgrace to one’s family, a humiliation for future generations, and a stain on the reputation of one’s relatives and friends. In other words, the fear and horror associated with death by punishment are not due to the death itself, but rather to the wicked nature and heinous crimes of the person who is put to death.
Charlotte Corday, a 26-year-old virgin who stabbed the executioner of the French Revolution, Jean-Paul Marat, once declared in court, “I killed one man to save thousands.” In a letter she wrote to her father before her execution, she clearly stated her view: “The guillotine is not a disgrace. The only disgrace is the crime itself.”
It is true that the death penalty has always been intended for extremely wicked or guilty people. Therefore, it is a fact that many people who were considered shameful, detestable, and wicked were sentenced to death. However, it is also a fact that many good and wise people, who are highly respected and loved, have also been sentenced to death. In addition, many ordinary people and commoners, who are neither highly respected nor highly detestable, have been sentenced to death simply because they made mistakes and violated the laws of the time, even if they killed only a single crane or a single dog. In other words, it is a fact that not all people who have been put to death by punishment were extremely wicked or guilty.
Ishikawa Goemon and Kunitomo Chūjō both received the death penalty, as did Hirai Gonpachi and Nezumi Kozō. Shirakiya Okoma and Yaoya Oshichi also received the death penalty. Pelageya Perovskaya and Victor Osinsky also received the death penalty. Prince Bi Gan, Shang Yang, Han Feizi, Gao Qiuhui, Wu Zixu, and Wen Tianxiang were all also sentenced to death. Kinutani Sōgo, Yoshida Shōin, Kumoi Ryūyū, Eto Shimpei, Akai Kageaki, and Tomimatsu Shōan were also sentenced to death. Among those who died by execution, there were certainly thieves, murderers, arsonists, traitors, and bandits, as well as wise sages, loyal retainers, scholars, poets, patriots, and reformers. These are just a few examples that come to mind for me. If I had a history and biographical dictionary in front of me, I could provide countless examples of executions that were accompanied by both shame and honor throughout history.
Consider the time when religious trials were held in Spain. How many innocent people were burned at the stake simply because they did not conform to the church’s beliefs? The number is in the hundreds of thousands. Look at the time of the French Revolution’s Reign of Terror. How many thousands of people were executed by the sword simply for their political affiliations? Look at the history of the Japanese shogunate. From the Ansei Purge to smaller punishments in various domains, countless individuals were beheaded or sentenced to death for differing opinions on the course of events. Look at records of the Russian revolution. How many tens of thousands of people have been executed for participating in the movement or being suspected of involvement in it over the past forty years? If we look at China, we can say that the death penalty for “wrongful charges” is one of the defining characteristics of its five-thousand-year history.
If we take a look at it, many death sentences have been imposed in accordance with the laws of the time. However, can anyone assert with certainty, based on a strict statistical analysis of world history, that the death penalty always carries shame and guilt? Can we even assert that the shame and guilt associated with the death penalty is greater than the honor or the injustice it may have? I think this is truly an undecided issue.
Therefore, if there is anything that I feel ashamed of, fear, or dread, it must be the fact that I am a criminal and a sinner. This is not something that I can argue for myself or have the freedom to argue about. But the fact that it is the death penalty that causes shame, fear, and dread is irrelevant to me.
I wonder if there is a crime that deserves the death penalty. Is the death penalty really a justified punishment? Whether the ancient death penalty actually achieved its goal of punishment is still an undecided issue that many scholars debate. However, I’m not discussing the pros and cons of the death penalty here. As an individual, I don’t think the death penalty is important enough for me to discuss its pros and cons. There is no significant difference between dying of illness or dying by other unnatural means and being sentenced to death.
The Buddhist doctrine says “impermanence is swift, life and death are great matters.” Life can sometimes bring great happiness and sometimes bring great suffering, and it is truly a great matter. But what about death? Isn’t it simply a complete cessation of the metabolism of human flesh and the breakdown of physical structure and organization? The idea of death being a great matter is a scarecrow that wise people have created since ancient times. The image of someone wearing a hat of either hell or paradise, clutching a bow and arrow of attachment and delusion, is quite absurd. It may seem meaningful from a distance, but upon closer inspection, it is nothing.
I’m not someone who is necessarily in a hurry to die. I believe that we should live as long as we can and enjoy life internally while working for the benefit of the world externally. However, I do not have an excessive desire to live. Regardless of whether it is a natural death, a sudden death, or a death sentence, when it is time to die, I want to face it with complete peace of mind and satisfaction.
Now is precisely that time. This is my destiny. I would like to share my views on destiny a little further.
Source: "Nihon no Meicho 44 Kōtoku Shūsui" Chuokoron-Shinsha, Chūkō Bakkusu
First published on October 20th, 1984
Input by Yukio Hayashi
Proofreading by Tadao Imai
Created on December 14th, 2003
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