「司法取引っぽい制度」のコメント欄で、 ピオーネ(小児科医) さんの小倉秀夫弁護士批判のコメントが問題になっています。
このコメント自体は、小倉秀夫弁護士のエントリを誤読しているところがありますが、その結論としての
明らかに文章から受ける印象が変わるように引用？するのは、滅茶苦茶なルール違反じゃないのでしょうか？この方はいつもこうなのですか？
という指摘は決して間違ってはいません。
ピオーネ(小児科医) さんが指摘した小倉弁護士のエントリであるえっ，この程度の案件で，勾留延長請求していたの？における、引用文は正確です。
しかし、それに続く
矢部教授は，検察官時代，そのような案件でも勾留延長請求までしていたのでしょうか。
は、いつもの意図的な印象操作です。
しかも、このエントリのタイトルは「えっ，この程度の案件で，勾留延長請求していたの？」です。
あたかも、私が検事当時に、不必要な勾留延長請求をしていたかのような印象を意図的に生じさせようとしていることが明らかです。
私が、「傷害事件の例でわかりやすそうな例え話を言えば、」と断っているにもかかわらず、そしてその例え話である旨の断りを含めて小倉弁護士が引用しているにもかかわらずです。
その意味で、ピオーネ(小児科医) さんの
明らかに文章から受ける印象が変わるように引用
しているという指摘は間違っていないのです。
引用自体は正確だとしても、私の（私のだけじゃないですけど）エントリの一部を切り取って引用し、原文の文脈とは全く異なる意味に読めるように紹介するのは小倉弁護士の常套手段です。
モトケンの小倉秀夫ヲッチングを読んでいただければ、そんな例がごろごろ転がっています。
小倉弁護士の捏造体質がはっきりわかります。
ついでですから、最近のla_causetteのエントリをいくつか批判しておきます。
問題のエントリの次のエントリの司法取引導入後予想される「究極の選択」において小倉弁護士は、こう書いています。
かくして，「被疑者の身柄を拘束している」という状況を利用して，身柄解放後争う余地のない形で，無実の人にも罪を認めさせるシステムが，「司法取引」という形でできあがってくる。いまは弁護士である矢部教授は，そのような司法取引制度の導入に積極的だということのようです。
この中傷的エントリには、元となる私のブログのエントリに対するリンクすら貼っていません。
読者が私の主張と対比することすらできなくしておいて、私の主張をねじ曲げて紹介しています。
最近、別のエントリで小倉弁護士が同様のことをしたときに、「他人を批判するなら言及リンクくらい貼りましょう＞小倉秀夫弁護士」と言ったんですけどね。
その次の小倉弁護士のエントリである被疑者＝真犯人の場合だけを想定せよといわれてもも、批判対象は明らかに私であるにもかかわらず、今度は私の名前すら明示せずに、私の主張を意図的に曲解して批判しています。
その被疑者が真犯人でないときにそれがどう機能するのかを想定しない議論って，刑事訴訟手続に関する議論としては，そもそも失格なのではないかという気がします。その提案というのは，被疑者が無実の場合にはこのような弊害が生じますね，みたいな反論をされると，俺はそんなことはいっていない，誤解だ，誤読だ，捏造だ！と言い出す人もいるようなのですが，
このあたりは名誉毀損ものです。
私の名前を明示しなければ、名誉毀損にはならないと思っているようです。
というか、名誉毀損をしているという自覚があるので、私の名前を明示していないというのが正しいと思われます。
より姑息で悪質です。
これが実名原理主義者の態度かと思うと、情けないやらあきれるやら、というかバカバカしくなります。
次に、
般公開されていないはずの捜査情報が流出する経路は、まず、私のエントリの文章を「正確に」引用した上で、私が言ってもいないことをさも私が言っているかのように書いて、それを批判するという代物です。
しかし，「弁護士が調書を横流しする危険があるから，被疑者を取調べた結果を調書化するのはやめよう」という意見はとんと聞きません。
こういう意見をいったい誰が言っていると言うのでしょうか？
それなのに，プライバシー侵害の危険を，被疑者が自白に転じるまでの過程の取調べ状況が録音・録画された場合の固有の問題のように誤解させるような発言をするのはいかがなものかなあという気がします。
誤解させるような発言を、誰が発言したというのでしょうか？
不思議なことに，プライバシーの問題を強調して被疑者が自白に転じるまでの過程の取調べ状況の録音・録画に躊躇してみせる人々の大部分は，捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向があるようです。
小倉弁護士は、私が「録音・録画に躊躇してみせる人々の大部分」に入っていると言うのでしょうか？
このような書きっぷりも典型的な小倉エントリです。
小倉秀夫弁護士が他人の意見をねじ曲げるという認識は私や私のブログの常連さんだけのものではありません。
「Matimulog」の町村先生も以前に小倉弁護士の発言についてこう言っています。
サスケットさん、その点はなんど言っても認めてもらえないので、おそらく「わかっていてねじ曲げているのでしょう」。 小倉さんはそんなに頭が悪い人ではありませんから。
町村先生の認識としては、小倉弁護士は、他人が何を言っているのか分からないほど頭が悪い人ではない、という前提のもとに、小倉弁護士が明らかに他人の意見をねじ曲げるというのは、やはりねじ曲げているという自覚のもとに、つまり意図的に、ねじ曲げている、ということなのでしょう。
私も同意見です。
しかし、意図的にねじ曲げていることが他人にはっきり分かるにもかかわらず、意図的にねじ曲げることをやめない小倉弁護士の頭がいいとは思えません。
実名開示者として町村先生の発言を紹介しましたが、匿名者を含めれば、小倉弁護士は他人の意見や主張をねじ曲げる（いわゆる藁人形使い）というのは、ほとんと通説です。
追記
このエントリに対して、小倉弁護士が反論らしきものを書いています。
「捏造」という言葉が軽すぎる
タイトルからして、言葉の定義問題に持ち込んでごまかそうという意図がミエミエですが
相変わらず，矢部善朗創価大学法科大学院教授による中傷が続いているようです。我が地元選出の政治家，竹入義勝がかの宗教団体から受けた中傷の執拗さを思えばさもありなんといったところなのでしょうが。
まずは、印象操作ということですね。
小倉弁護士の問題と竹入氏の問題はまったく関係ありません。
関係のないことをあるように主張することは詭弁の基本です。
私の小倉弁護士に対する批判と、小倉弁護士の私に対する批判は、一見するとお互い様のように見えるかも知れませんが、決定的な違いが二つあります。
その一つは、私のエントリは小倉弁護士による私に対する個人攻撃についての対抗言論であること。
二つ目は、これが本質的な違いですが、私の主張は、具体的な根拠と論理性を保った批判であるが、小倉弁護士による私への個人攻撃は、私の発言をねじ曲げた上での批判つまり藁人形論法である上、この追記の冒頭で指摘したように詭弁に満ち満ちているていることです。
他人の属性に基づく攻撃を冒頭に持ってきていることだけで、どちらが「中傷」しているのかは、普通の読解力をお持ちの読者には明らかだろうと思います。
ところで小倉弁護士は、
私は，読み手に普通の読解力があることを期待しています。
と言っています。
なるほど、大抵の発言者はそのような期待を持って発言していると思います。
小倉弁護士の期待はともかく、多くの普通の読解力のある読み手が小倉弁護士のエントリをどのように読んでいるかは大変興味深いところです。
この点について、小倉弁護士は自分のブログのコメント欄を事実上閉鎖していますので、小倉弁護士のブログでは検証できません。
しかし手がかりがないことはないです。
一つは、はてなブックマークコメントです。
はてなブックマークコメントは、小倉弁護士が制御できませんので、生の声が聞けます。
小倉弁護士のエントリに対するはてなブックマークコメントをまとめたものがあります。
http://b.hatena.ne.jp/motoken00/
最近のものは、まだ載せてません。そのうち載せます。
なぜこんなことをやっているかと言いますと、それは「準備」としてです（＾＾）
ある程度読んで貰えればわかりますが、小倉弁護士の文章だから批判する、というものではありません。
積極的に評価すべきところは評価されています。
多くのコメント投稿者は是々非々でコメントしています。
しかし、私が読んだ範囲では、非の割合がかなり多いように思われます。
もう一つ紹介しておきます。
http://pc11.2ch.net/test/read.cgi/net/1239110075/
小倉弁護士がお嫌いな２ちゃんねるのヲチスレです。
玉石混淆ですが、するどい指摘も散見されます。
主張の内容ではなく、小倉弁護士の日本語そのものに対する批判も多いです。
小倉弁護士は、読み手に普通の読解力があることを期待しているようですが、多くの人は、小倉弁護士に普通の読解力があることを期待しています。
しかし、多くの場合は、その期待は裏切られます。
他人の文章を普通でない読解力で読解した結果に基づいて書かれた文章を、普通の読解力で読解した場合は、普通は、「ねじ曲げられた文章」に読めます。
それを意図的にやれば、「捏造」と言われる範疇に入ることになります。
不思議なことに，プライバシーの問題を強調して被疑者が自白に転じるまでの過程の取調べ状況の録音・録画に躊躇してみせる人々の大部分は，捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向があるようです。小倉弁護士は、私が「録音・録画に躊躇してみせる人々の大部分」に入っていると言うのでしょうか？そりゃ，「録音・録画に躊躇してみせる人」には入っているでしょう。「プライバシーの問題を強調して被疑者が自白に転じるまでの過程の取調べ状況の録音・録画に躊躇してみせる人」への批判に，「信頼できる弁護士ばかりとは限りません」等といって，「一般公開されていないはずの情報が一般（例えばマスコミ）に流出すること」の可能性が低くないことを示して批判してきたのですから。
ああ、またごまかしてますね。
私は、私が「録音・録画に躊躇してみせる人々の大部分」に入っているかどうか聞いたのですが、それに対して小倉弁護士は、「録音・録画に躊躇してみせる人」と答えています。
たぶん、意図的に「の大部分」を外しているんでしょうね。
何故かといいますと、小倉弁護士の最初文章によると、「録音・録画に躊躇してみせる人々の大部分」は「捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向がある」と言っているわけで、、「録音・録画に躊躇してみせる人々の大部分」に私が入っていると言うと、「私」は「捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向がある」と言っていることになりますから、私に対する名誉毀損ものになります。
その指摘を受けたときの言い逃れとして「の大部分」を外したんでしょうね。
ほんとに小手先の姑息さとしか言いようがありません。
ここでも小倉弁護士は、私のことを公権力による恣意的な被疑者のプライバシー侵害を容認する人間であるというように印象づけようとしていることは明白です。
小倉弁護士のこのエントリは、反論になっているのか自白しているのか分からないエントリです
ね。
追記（その２）
小倉弁護士が、「端的に，質問してみる。」で、こんな質問をしています。
野党の共同提案にかかる刑事訴訟法改正案には無条件で賛成されますか？
私に対する質問のようです。
これに対して、以下のようなコメントを投稿しました。
質問に答える前に確認しておくことがあります。 小倉先生＞不思議なことに，プライバシーの問題を強調して被疑者が自白に転じるまでの過程の取調べ状況の録音・録画に躊躇してみせる人々の大部分は，捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向があるようです。
と言っていますが、
小倉先生の理解では、野党の共同提案にかかる刑事訴訟法改正案に無条件で賛成しない人は、「捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向がある」ということになるのですか？
もし、そういう傾向があるということであれば、無条件に賛成しないということがその理由の如何にかかわらず「捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向がある」ということになる理由を説明してください。
もしそういう傾向があるわけではないということであれば、
＞不思議なことに，プライバシーの問題を強調して被疑者が自白に転じるまでの過程の取調べ状況の録音・録画に躊躇してみせる人々の大部分は，捜査機関による恣意的な被疑者のプライバシー情報の開示については，特段の問題を感じない傾向があるようです。
という不思議な認識との整合性を説明してください。
小倉さんが反論エントリをあげていますが
と言うのはちょっと違和感がありますね。
モトケンさんがブログにおいて一度ならず全面録画を推奨しているのを、意図的に無視しているのでしょうか？
モトケンさんが全面録画を推奨しているエントリをブクマしているくらいですから、知らないってことはないと思いますけど。
中央大学の法学部OBとしては、同門の後輩学生たちのために、ボチボチ学部事務局宛に「意見具申」しなきゃならんかなーと思い始めてたりします（苦笑）。
少なくとも「学問」の場面においては、原典の記述を「歪曲」するような解釈が容認される余地は皆無ですので。そういう「著述」を繰り返す御仁が学生に講釈を行うにふさわしいか否か、マジメな話、学部事務局や教授会の見解をただしてみたいと思います。
ブクマのコメントにもありましたが、この部分は違和感どころか明らかな論点逸らしなんですよね。モトケンさんが挙げた「録音・録画に躊躇してみせる人の大部分」という言葉は、後段の
にかかっていて、モトケンさんもそういう人だと見なす内容になっています。モトケンさんはこの部分の印象操作について問いただしたものと思われます。しかし、小倉弁護士は「大部分」を無視することで質問の主旨をあえて履き違えています。
どちらにしても、モトケンさんが可視化反対論者だとレッテルを貼ろうとしていることに違いはありませんが。
話は変わりますが、某ニュースサイトの足利事件のところで、関連サイトとして旧館のエントリがリンクされていました。
http://www.yabelab.net/blog/2008/01/25-105944.php
読み直してみると、今出てきている論点はほとんどここで語られていますね。これを一読すれば小倉弁護士の読解がいかに的を外しているかよくわかります。
おっとっと、モトケンさんのコメント欄にこういうこと書いちゃうと、当該の御仁が学部事務局に自分に関する“嫌がらせ”の問い合わせがないか、そういう問い合わせをしてきた人物の官姓名を明らかにせよとか言い出すだろうから気をつけないと（笑）。
みなさん
私のコメントがせっかくのエントリを変な方向に向けてしまってみたいで、申し訳ありません。
しかし、私が誤読で小倉先生の批判をしてしまったのは事実なので、小倉先生には謝罪させていただきます。また、ご指摘いただいた皆さんありがとうございました。
ところで、ある論文を読んでいて、引用文献を孫引きすると、たまに引用元の趣旨と引用先のそれが全然異なっていることがあります。自分の論文が引用されて、そのようになっていたこともあります。ただ、ある程度のレベル以上の論文やレビューになると、そのようなことはほとんどなくなります。
町村先生やモトケン先生が仰るように、このようなスタイルが意図的でないとすれば、少なくとも論理的な文章を記述する職業の方としては大きな問題でしょう。意図的だとすれば、その文章の意図に気付いた人間が読めば、そこから読み取れるのは悪意だけです。
前にも書きましたが、それを実名でされているのは、ある意味天晴です。というか、だれも止めないんでしょうか。
>前にも書きましたが、それを実名でされているのは、ある意味天晴です。
同意します。
＞というか、だれも止めないんでしょうか。
背中を押しながら、後ろから撃つ人はいるようですが、真剣に止めてくれる方はいないようです。残念ながら。
>前にも書きましたが、それを実名でされているのは、ある意味天晴です。
同意します。
＞というか、だれも止めないんでしょうか。
背中を押しながら、後ろから撃つ人はいるようですが、真剣に止めてくれる方はいないようです。残念ながら。
業務連絡です。すみませんが、№7は二度入力されたようです。
モトケン先生、お手数ですが削除をお願いします。
「野党が共同提案する刑事訴訟法改正案」という特殊条件を持ち出して、それに「無条件で賛成」していないと、「取調べの可視化」に「無条件で賛成していない」とみなす、というのは余りに幼稚で姑息な論法ですね。
まず「取調べの可視化に無条件で賛成」という前提からして意味不明です。
効果も影響も未知数の制度の導入に際して、無条件の賛成を求めること自体があり得ないことであり、導入を前提としても、そのメリット・デメリットについて検討を重ねるのが実務家としての正しい姿勢でしょう。
まあ小倉べんごしが「刑事司法の実務家」であるかどうかには議論の余地があろうかと思いますが。
そして、その姑息な論法が通用しないことがはっきりすると、今度は「で，捜査機関による恣意的な被疑者のプライバシー情報の開示を特に問題視していましたか？」と論点のすり替えを図ろうとしています。
何処まで姑息なんでしょうかね、この御仁は。
モトケン先生から後刻適切な反論が為されるのでしょうが、僭越ながら少し突っ込みを入れます。
まず、小倉べんごしは捜査機関による「捜査情報のリーク」と「（捜査に関係ない）被疑者のプライバシー情報のリーク」を意図的に混同させようとしていますが、前者が存在することは事実ですが、後者が実際に行われたという根拠がありません。
なにやら最後に取って付けたかのようにスポーツ紙の記事（リンクなしの記憶モード）を持ち出して、根拠（らしきもの）にしているようですが、小倉べんごしはそれが「捜査機関からのリーク」であるとの確証をお持ちなのでしょうか？
でなければ、単なる難癖の類です。
そして、前者にある程度の価値を見いだしているからといって、（自分が勝手に定義した）後者に対しても同様だと決めつけるのは、世間一般では単なる藁人形論法であると見なされます。
そうやって実在が疑わしいもの、相手が言ってもいないことを根拠に相手を非難することは、自身の論法の崩壊に繋がることが何故分からないのでしょうか？
また、可視化の導入を前提として被疑者・関係者や取調官の（事件とは直接関係しない）プライバシーの流出を懸念し、対策を模索することが、「プライバシーの問題を強調して被疑者が自白に転じるまでの過程の取調べ状況の録音・録画に躊躇してみせる人々の大部分」という事になるのかの説明が、未だ行われていないのは何故なのでしょうか？
できないことはするもんじゃない、という典型例のように思えますね。
まあ、私がこのように述べても、彼は「あいつはモトケンに与する奴だから」とか「あいつは権力側の人間だから」とかのレッテルを貼ってしまうのでしょうけどね。
大変、首肯できる記事を見つけました。
別に小倉さんを援護するつもりはありませんが、
せっかく叩き台としての野党案があるので、モトケン先生のご意見をお伺いしたいところではあります。
お忙しいでしょうからお時間のあるときで結構ですが。
モトケン先生、エントリ本文の追記にある下記の太字部分
この「準備」とは、『百年兵を養うは、一日にこれを用いんがため』と同義ですか？
そういうことですね＾＾
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The new Zune browser is surprisingly good, but not as good as the iPod's. It works well, but isn't as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that's not an issue, but if you're planning to browse the web alot from your PMP then the iPod's larger screen and better browser may be important.
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If you're still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you'll know which is right for you.
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