The History of and Problems in the Study of Legal ethics…from the Viewpoint of Legal Ethics Education in the Legal Personnel Training System

本研究的目的是为日本新成立的法学院的“法律伦理学”课程提供理论基础。这项为期三年的研究重点是要弄清楚，在运行一个尊重他人的法律体系时，司法部的工作人员应该具备什么样的精神。从这一角度考察了英、法、德、美、中、日等国法律伦理教育的主要特点。这种分析框架将强调立法机关是法律体系中最高的、唯一的立法权的法国制度置于一个极端。另一个极端是美国的司法制度，司法机构或普通法法院独立于立法机关，判例规则和司法审查权受到尊重，法院查找法律的权力也受到尊重。其他被调查的国家位于两极之间的某个地方。法律伦理的规则和原则被视为软件，为运行一个由值得信赖和受人尊敬的司法机构管理的良好法律体系提供指导。调查和分析的结果在理论建设和实践中都得到了应用。至于实际问题，根据调查结果，法律伦理被放在名古屋法学院2年或3年课程的后半部分。其次，关于法律伦理教育的内容，在我主持的名古屋地区法律伦理研究组成员的积极参与下，编写了一本教材，目前正在出版中。第三，关于教学方法，在研究的最后一年，我和我的研究小组以及我所在的机构和日本法律基金会共同主办了一次研讨会，为我们的研究结果提供了一个传播的场所，讨论了法律伦理教育的监管理想和问题，并提出了建立一个全国教师网络的建议。至于理论；基于法律职业的社会功能是提供法律保障和服务这一公共产品的观点，对律师伦理的主要问题进行了系统的梳理，并以此为平台编写了教材。特别强调的是司法伦理，这在法国和其他大陆法系传统中非常重要。2004年12月，在德国特里尔的法官学院，这一领域的一些发现被展示给了热情的听众。我演讲的重点是要有一个良好的司法道德：它是为公众提供公正的法律解释。为了支持这一论点，我研究了法律解释的预设理论，该理论声称法律中没有空白，只有成文法。我正努力在日本国内传播这些发现。少

The purpose of this study is to found the theoretical bases of "Legal Ethics" as a subject taught in the newly established law school in Japan. The three year study focused on making clear what sort of ethos of its personnel was involved in running a respectful legal system. The main features of legal ethics education in the UK, France, Germany, the US, China as well as that of Japan were surveyed from this viewpoint. The framework for analysis put the French system, which emphasizes the legislature as the supreme and sole law making power in a legal system, on one extreme. On the other extreme is the American system, where the judiciary or the common law court is independent from the legislature, the rule of precedent and the power of judicial review are respected, as is the courts power to find the law. The other countries which were surveyed are situated somewhere in-between the two poles. The rules and principles of legal ethics are regarded as software which provides guidelines fo … More r running a good legal system manned by a trustworthy and respected judiciary.The results from the surveys and analyses were used both in theory building and in practice. As for practical matters, based upon the findings, legal ethics was placed in the latter half of the 2 or 3 year curriculum of the Nagoya school of law. Secondly, as for the content of legal ethics education, with active participation from the members of the legal ethics study group of the Nagoya area that I preside, a textbook was edited and is now in press. Thirdly, concerning methods of teaching, again along with my study group and co-sponsorship by my home institution and the Japan Law Foundation, a symposium was held in the last year of the study providing a venue for the dissemination of our findings and discussion of the regulatory ideals of and problems in legal ethics education, as well as a proposal to found a national network for teachers of the subject.As for theory ; based upon the view that the social function of the legal profession is to provide the public goods of legal security and service, a systematic situating of the main issues in lawyers' ethics was provided and the textbook was composed on this platform. Special emphasis was put on judicial ethics, which is very important in French and other civil law traditions. In Dec.2004, some of the findings in this field were presented to an enthusiastic audience at the Judges Academy in Trier, Germany. The emphasis of my talk w as on the point of having a good judicial ethics : it is to provide the public with just interpretations of the law. To support the thesis, I went into the presupposed theory of legal interpretation that claimed that there are no gaps in law, only in statutes. I am working to disseminate such findings within Japan. Less