摘要
本文嘗試以司法院發表於2005年5月18日、並且特別用以象徵台灣司法精神的法院體系圖誌為例，來檢視台灣迄今在法律意識的繼受與轉換上，所可能出現的特殊現象。本文認為，此一透過天秤、法槌、人形以及青色等造型與色調所共同構成的法院體系圖誌，它不僅可以讓我們意識到，原來人們早就已經將西方手持天平的正義女神圖像，使它成為彷彿是自己所固有的法律經驗，此一圖誌更可以讓我們進一步去反思，傳統上以包青天為具體表徵的青天文化，其在現今以強調人權保障與權力分立的立憲法權秩序之中，究竟還能夠提供出什麼樣一種值得繼續加以推崇的司法價值與德行。
On May 18 2005, the Judicial Yuan-Taiwan’s highest judicial authority-released a new “badge of the judicial system” to represent the judicial spirits. In this badge, we see an “azure” judicial symbol made up by three visual figures: “libra”, “gavel” and “human silhouette”. We also read several its judicial ideas such as “justice”, “solemnity”, “professionalism”, “humanism”, “amiability”, “gentleness”, “comprehensiveness”, “benevolence”, “purity” and “trustworthiness”. By seeing and reading all its instructions, we might ask ourselves: What kind of legal consciousness stands already behind this “badge of the judicial system”? Although the western figures, like “libra” and “gavel”, have been introduced into our today’s legal consciousness, it cannot be concluded that our legal consciousness about law, justice and fairness has been completely westernized. The “azure” color, which can be also seen in the collar of judge costume and which brings us the feelings of “purity” as well as “trustworthiness”, is rightly the symbol of legal virtues always pursued in the traditional judicial culture and demanding all judges to keep them in mind. The best example to describe these “azure” legal virtues, especially those at trial, is the story of Judge Bao in the Song Dynasty, who has been highly praised for his “azure” integrity and trust in the popular culture. In a word, even though we live now in a legal order based on the reception of western constitutionalism, there are some traditional legal virtues that still remain in our inner consciousness.
關鍵詞
措置、司法圖騰、法律意識、法院體系圖誌、正義女神、包青天
Judicial Totem, Legal Consciousness, Badge of the Judicial System, Judge Bao, Justitia, Judicial Yuan
