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美国法律教育在法律全球化进程中具有举足轻重的影响。美国律师协会对法律教育机构的认证制度以垄断性的高标准推高了法律教育和法律服务的市场价格,维系了以法学教员为代表的法律职业群体的高额利润。即便美国司法部对美国律师协会的反垄断诉讼及制裁也未能实质性扭转不公平的法律教育市场竞争格局。自19世纪后期现代法学院在美国大学中建立以来,其社会功能定位不断由职业教育向学术研究倾斜,法学理论与法律实践之间的张力极大地扭曲了法律教育机构。法律交叉学科研究不但与司法实践日益隔膜,而且还使教学本身在法学院中愈加不受重视。其后果颇为严重:不但直接损害了学生的利益及教育市场公平,而且在间接意义上,因法律教育从业者以违背职业伦理的方式获取社会的转移支付而损害了社会正义。
American legal education plays a decisive role in the legal globalization. The ABA certification system for legal education institutions pushed up the market prices of legal education and legal services with monopolistic high standards and maintained the high profits of the legal profession represented by law teachers. Even the U.S. Department of Justice’s anti-trust litigation and sanctions against the American Bar Association failed to materially reverse the unfair competition in the legal education market. Since the establishment of the modern law school in American universities in the late 19th century, its orientation of social function has been tilted from vocational education to academic research. The tension between legal theory and legal practice has greatly distorted legal education institutions. Interdisciplinary studies of law have not only been increasingly separated from judicial practice, but have also made teaching itself less and less valued in law schools. The consequences are quite serious: Not only the interests of students and the education market are directly impaired, but also in the indirect sense, legal education practitioners impair the social justice by acquiring social transfer payments in a manner contrary to professional ethics.