從電影「金法尤物The Legally Blonde」談美國與臺灣法學教育養成與律師專業倫理

Comparison of the Legal Professional Education in America and Taiwan and Professional Ethics of Lawyer through Analysis of the Movie "The Legally Blonde"

洪肇良(Chao-Liang Hung) ； 黃源謀(Yuan-Mou Huang)

《應用倫理教學與研究學刊》 7卷1期 (2012/01) Pp. 79-91

https://doi.org/10.6794/JAETR.201201.0079

摘要

本文透過「金法尤物」影片賞析，讓我們初步瞭解美國法學專業教育的養成過程，透過影片中女主角在哈佛大學法律系的求學經驗及擔任實習律師時，為了一件謀殺案，而在法庭上擔任被告辯護律師，與檢察官、法院法官之間就證據真偽的攻防，體驗一下美國律師養成教育的特色。美國現代法學教育的發展，在前美國哈佛大學法學院長克里斯多夫．藍道爾（Christopher Columbus Langdell）提倡的案例式教學法，教授學生如何閱讀案例，及學習律師式之思考，以系列之判決先例學習法律的特色，並採用蘇格拉底的教學法，使學生本著積極參與學習的品質，永較消極學習為優的前提理念，教導學生成為律師的必要技巧。另外，由本片也觀察到的另一個問題，即律師專業倫理的問題。臺灣律師倫理規範於1995年修正時，即曾參考德國、日本與美國的律師倫理規範，許多條文分別自各國的規範移植而來，因此在適用上應探本溯源該條文於各國的立法理由，但最重要的是國內律師界仍應自我思考，探究律師業在社會中之定位，以判決及解釋文等充實倫理規範的內涵。倫理規範並非一成不變，而是隨著社會觀念演變以及經濟情勢之變動而變化。

關鍵字

法學專業教育 ； 律師專業倫理

並列摘要

This paper analyzed the movie, ”The Legally Blonde”, in means to understand the fundamental development of legal education process of the American Law Institute. The heroine in the film was a trainee layer studied at Harvard University Law School. She was assigned as a defense attorney in a murder case. The main character was trained by handling with a real case together with prosecutors, judges, and had to reassure the authenticity of the evidence between the offense and defense according to the given situation. This is a typical characteristic in modern American legal education under the influence of the former Harvard University Law School dean, Langdell who promoted case-based teaching methods to teach students how to read case using legal thinking process. Through studying precedent law case series and using the Socratic teaching method at the end of teaching, that students actively participate in learning with quality. With the concept of always being superior but being passive in learning leads students to gain professional skills of becoming a lawyer. While observing another problem in the film relates to the issue of professional ethics for lawyers. Lawyer Ethics Policy was amended in Taiwan in 1995 which was using model referred from Germany, Japan and the U.S. attorney ethics. Many provisions shall respect the legislation reasons behind from their own nations as each provision was taken from different nation. But the most importantly is that lawyers in our nation should think thoroughly for themselves, to explore their role in practice of law in this society. By enrich their decision-making and understanding of the meaning in different ethics. Ethics are not static, but shall change according to the evolution of social attitudes and economic conditions in the society.

並列關鍵字

legal professional education ； professional ethics of lawyer