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

Abstract

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.