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Many of the films of Akira Kurosawa, in one way or another, address legal issues. These issues range from observations about the operation of dispute resolution systems to fundamental questions regarding the nature of truth and reality. While Kurosawa may not have intended his films to provide a commentary on the nature of law, he has nonetheless provided valuable insights into the values and goals of a legal system. It is a tribute to Kurosawa's skills as a director and writer that his insights and even his vocabulary have been adopted by at least one legal system's judges.
This paper will examine the legal issues that arise in Kurosawa's films, focusing on the 1950 production Rashomon, from which the most fecund legal insights may be gleaned. Rashomon will be considered for its contributions to the legal concepts of hearsay (statements made out of court that are repeated in court for the truth of what they assert), bias, credibility and impeachment (challenges to a witness's testimony as being inaccurate or untruthful). The film's lessons on these subjects also raise questions about the role of punishment in a legal system. Finally, the degree to which Rashomon has become a part of the language and conception of American law will be considered.
I. Legal Themes in Kurosawa's Films
Rashomon is Kurosawa's most overtly legalistic film. However, other films he has produced touch on legal issues. Kurosawa's 1963 film High and Low portrays a crime in a fairly traditional manner. The president of a shoe company, on the verge of seizing control of his company after having mortgaged his house and taken out extensive loans, believes that his son has been kidnapped. It develops that the kidnappers mistakenly took the son of his chauffeur instead. The businessman is entreated to put up the demanded ransom even though this use of his funds will destroy his chances of acquiring the company. After putting up the money and getting the chauffeur's son back, a sophisticated police investigation locates the kidnapper and the money, though too late to salvage the business deal. The kidnapper, who has killed three people in attempting to avoid detection, is imprisoned and sentenced to death. Thus, the identity of the criminal is clear and his punishment swift...