Proposal: Thinking About the 'Right to Folly' [Jiyu Kenkyujo]

Jiyu Kenkyujo (Representative Director: Tsutomu Matsuo), an organization that conducts research and studies on "freedom," has focused on the concept of the "right to folly" (guko-ken) and published a proposal summarizing the role it plays in a free society.

The right to folly is a concept originating from the British thinker John Stuart Mill, meaning **"the right to perform an act, even if it is foolish, as long as it does not cause harm to others."** Although awareness of this concept is low in Japan, it is actually a very familiar presence; activities such as gaming and "oshi-katsu" (supporting one's favorite idol or character) can be considered to have elements of the right to folly.

The right to folly plays an important role in connecting society with each of us as individuals and is a highly suggestive concept for thinking about what freedom is. In this instance, Jiyu Kenkyujo has compiled a proposal regarding the right to folly, along with the results of a general public survey, to consider the future state of a free society.

**<Full Proposal>** https://j-liberty-lab.com/proposal-and-column/%e6%8f%90%e8%a8%80%ef%bc%9a%e6%84%9a%e8%a1%8c%e6%a8%a9%e3%82%92%e8%80%83%e3%81%88%e3%82%8b/

**<Key Points of the Proposal>** * The right to folly is a concept founded by the 19th-century thinker John Stuart Mill. While awareness in Japan is low (less than 10% in our survey), **familiar things such as gaming, supporting idols, drinking, smoking, and snacking actually fall under the right to folly.** * **The right to folly is characterized by its vulnerability to strong social pressure and regulation by the state or government.** The background for this includes the fact that acts of folly are often performed by minorities, making it difficult for opposition to regulation to arise, and that historical circumstances often blur the boundary between these acts and harm to others. A recent example is the regulation of tattoos. * Being conscious of and protecting the right to folly means drawing a line against a stifling society rampant with regulations and restrictions. **The extent to which the right to folly can be exercised in a society serves as a barometer (indicator) of how free that society is.** * Jiyu Kenkyujo proposes three perspectives on the right to folly to maintain a free society: 1. **Recognition of the folly inherent in each individual:** Realizing that everyone lives with their own foolishness and acknowledging that regulations on the right to folly could one day be turned against oneself. 2. **Dialogue between the majority and the minority:** Building a bulwark against regulation through dialogue between the majority and the minority. 3. **Communication from the minority:** The minority should also capture the changes of the times and communicate the significance of their own actions. * **Recognizing the role of the right to folly as a barometer for a free society, and protecting each individual right to folly, shapes the way society exists.**

<Survey Results> * Conducted via internet research with 1,000 respondents (adjusted to be evenly split by gender and across all age groups).

Q1: Have you ever heard of the term "right to folly"?

Q2: In your own life, have you ever had the experience of doing something you thought was foolish?

Q3: Even if you think it is foolish, please list things you feel are absolutely necessary for you to live your life. (Open-ended response)

**Jiyu Kenkyujo (General Incorporated Association)** Jiyu Kenkyujo is a think tank that conducts research and studies on individual freedom and liberalism. We rethink the nature of freedom unique to Japan, as well as the relationship between the progress of technology/capitalism and freedom, and publish proposals and survey results.