CLT Singapore Symposium for Legal Theory with Dr. Leora Katz & Prof. Cheah W.L. on 17-18 Feb 2025

On 17 February 2025, the Centre for Legal Theory (CLT) at the National University of Singapore hosted the symposium Second Chances in Criminal Law: A Robust Defense by Dr Leora Dahan Katz from the Hebrew University of Jerusalem.

During the symposium, the discussion centered on concerns about excessive punishment in both private and public spheres. Dr Katz explored arguments advocating for restraint, particularly highlighting issues such as disproportionality, epistemic uncertainties regarding punishment’s appropriateness, and moral concerns about cruelty, degradation, and the legitimacy of imposing punishment.

A key focus was the argument that even when punishment is justified, a lack of restraint in its application renders it inherently excessive. Dr Katz introduced the concept of human fallibility as a crucial reason to moderate punishment, proposing an “ethics of second chances.” This framework suggests that withholding the full extent of punishment is not merely an act of mercy or leniency but a moral duty.

The discussion further distinguished this approach from traditional arguments for clemency, emphasizing that it is not rooted in flaws within the justice system but in a broader moral consideration. The seminar concluded with an exploration of how existing legal doctrines already reflect elements of second chances and how these principles could be further integrated into criminal law.

In the roundtable, Professor Cheah W.L. addressed the tragic history of the Thailand-Burma Death Railway, where between 75,000 to 250,000 Asian civilians, including women, died under Japanese military orders during World War II. She discussed how the experiences of women—often overlooked in both official and unofficial histories—are crucial to understanding the full scope of this atrocity.

Professor Cheah presented a microhistory based on the Kudo Butai war crimes trial, which shed light on the relational aspects of victimization and agency. She focused on the lives of several individuals, including a 19-year-old orphan who was sexually tortured to death, the “Siamese lady friends” of some defendants, and the wife of a Chinese dresser who helped POWs.

Through this exploration, Professor Cheah emphasized the broader structural and relational factors that contributed to widespread sexual violence on the railway. She showed that the vulnerability to sexual violence experienced by women under Japanese military occupation extended beyond the railway, affecting women in all occupied territories. The seminar provided a deep, reflective look at the intersection of gender, violence, and military occupation during a dark chapter of history.