- Specialty HAC RF13.00.08
- Number of pages 161
CHAPTER 1. THEORETICAL FOUNDATIONS OF TEACHING
OF LEGAL DISCIPLINES IN NON-LEGAL HIGHER EDUCATION INSTITUTIONS.
1.1. Historical and pedagogical aspects of formation and development of the system of legal education in Russia.
1.2. The essence and structure of the legal consciousness of the future specialist.
1.3. Formation of the legal consciousness of a specialist as the goal of teaching legal disciplines.
CHAPTER 2. METHODOLOGY OF TEACHING LEGAL
DISCIPLINE IN NON-LEGAL HIGHER EDUCATION INSTITUTIONS.
2.2. The system of courses of legal disciplines in the university of culture and arts.
2.3. Optimization of educational and cognitive activity of students.
Recommended list of dissertations in the specialty "Theory and Methods of Vocational Education", 13.00.08 VAK code
Formation of the legal culture of non-legal students of training 2009, candidate of pedagogical sciences Potomakhin, Vadim Vladimirovich
Organizational and pedagogical conditions for the formation of legal consciousness of students of a non-legal university 2013, candidate of pedagogical sciences Magomedova, Raginat Magomedovna
Legal training of students, taking into account the characteristics of various types of secondary educational institutions 2006, Candidate of Pedagogical Sciences Ishchenko, Vladimir Ivanovich
Discipline "Civil Law" as an effective factor in the legal education of students of law schools: Methodological foundations 2005, Candidate of Pedagogical Sciences Ryzhkovich, Ekaterina Alekseevna
Influence of the orientation of vocational training on the dynamics of the semantics of the stereotype "criminal behavior" among university students 2004, candidate of psychological sciences Bunyaeva, Galina Valerievna
Dissertation conclusion on the topic "Theory and methods of vocational education", Bolonina, Svetlana Valentinovna
CONCLUSION
The dissertation research conducted allows us to make a number of theoretical generalizations and practical advice, which serve to expand our understanding of the problems of teaching legal disciplines in non-legal universities in the transition period.
The crisis of the 1990s in Russia led to a critical situation in the state of legal consciousness of the population, to legal nihilism and legal infantilism of student youth. Taking into account the features of the current stage of development of the state in the process of teaching the course of law and creating the necessary pedagogical conditions increase the effectiveness of the formation of students' legal consciousness.
In the course of the study, all the planned tasks were completed.
1. At various stages of the development of society, the task of passing on to the next generation the knowledge of fundamental rights and state structure is decided in accordance with the level of development of pedagogical thought and law. For centuries, in all states, special activities have been carried out to spread the views of law and order, for which any means at their disposal are used: church, literature, art, school (all levels), means mass media, special legal educational institutions. Thus, legal education is an integral component of the ideological function of any state.
The importance of legal education and upbringing of students in the process of teaching legal disciplines increases in the transition period. This is due to the crisis state of the legal consciousness of student youth and the changing role of law in the life of society.
In 1994, the Decree of the Government of the Russian Federation approved the State educational standard professional higher education. It approved state requirements for a minimum content of legal education. The State Educational Standard includes the rights and freedoms of a person and a citizen in the requirements for knowledge and skills in cycles of disciplines, but does not include provisions on duties and does not spell out the tasks of legal education of students.
The conducted research shows that the specified minimum of didactic units in the program in the direction of "Law" does not allow students to develop a proper level of legal consciousness.
2. Based on the analysis of statistical data and special studies, some features of the socio-economic development of society were identified that affect the legal consciousness of student youth in Russian Federation:
social status student youth is rapidly declining, material and living conditions, access to education have deteriorated and are deteriorating; the structure and composition of the specialties for which the professional training of students takes place, the implementation of admission to educational institutions of higher vocational education, do not correspond to the real needs of the reproduction of the socio-professional structure in society; the system of demand and guaranteed employment of graduates of professional educational institutions has been destroyed, mechanisms for its implementation have not been created or are not in operation;
Self-awareness of student youth, its organization, role in public life, politics, protection of their interests, has fallen significantly and continues to fall;
There is a spiritual and moral decay of young people, who are seized by the spirit of immeasurable consumerism and immoral enrichment at any cost;
Young people are increasingly criminalized, drunkenness, alcoholism, drug addiction, and prostitution are on the rise.
Sociological studies prove that the process of increasing criminalization of public consciousness is associated with the criminogenic deformation of the value-normative system of the whole society, with the erosion and devaluation of socially positive values, behavioral stereotypes, moral ideals of people. Values and norms of the criminal environment, stereotypes of delinquent behavior allegedly justified by material, moral, social, economic, political and other considerations are cultivated in public opinion. Elements of the criminal subculture are being introduced into mass culture, everyday life.
The state must take into account all the socio-economic factors that affect the legal consciousness of young people, solve all their problems, setting among the most important tasks the improvement of the process of civil, patriotic moral and legal education of the young generation. The formation of students' legal consciousness is an urgent need for the development of society, a factor in the stabilization and survival of Russia and the goal of teaching legal disciplines.
3. The state educational standard determines the mandatory minimum content of each main professional educational program of higher professional education. The main directions of reforming the system of higher education should reflect two approaches: democratization - the transition from a class approach to universal values and an understanding of the expediency of compromises, to pluralism of opinions; humanization of education, which can be carried out by referring to the natural inalienable rights of a person, to the theory of non-violence.
The principles for selecting the content of legal education are determined by the integration of Russia into the global education system and the priority of universal values and are based on the recommendations of the UNESCO International Congress on continuity, interdisciplinary, connection of education with practical activities, interculturality of education. These principles correspond to the humanistic nature of education in accordance with the Declaration of the Rights of Man and Citizen.
4. Legal support of reforms is a decisive condition for establishing a market system and building a state of law. Therefore, in the course of legal disciplines in universities, it is necessary to provide for the study of civil law: the emergence of civil rights and obligations, civil liability, property rights, contractual obligations, labor law, and the Russian tax system. This makes it possible to carry out an organic combination of generally valid legal knowledge with specialized knowledge corresponding to a particular specialization. As a result, students not only gain knowledge about the system of law, the role of law in the hierarchy of normative acts, the importance of law in the development of new economic relations and their stabilization, the content of the main branches of Russian law, but also the ability to apply them in the legal regulation of economic relations, in implementation of which graduates specialize in various areas of state and commercial activity. Knowledge of the basic rules governing civil circulation, and the ability to apply them, can provide them with the right choice of position in commercial activities and, consequently, the desired success and at the same time a correct assessment by the regulatory authorities.
A necessary means of bringing legal disciplines closer to the sphere of students' interests, forming their high legal convictions and ideas, transferring legal knowledge and consolidating skills is the selection of the content of educational material. Information that is socially significant for students and professionally oriented in their future specialty, together with the determination of the most optimal forms and methods of transmission, contributes to the motivation of students to participate in the process of cognitive activity.
Under the new conditions, only the receipt of an integrated professional education serves as a guarantee of employment. The breadth of the professional profile, the possession of several professions determine the ability of the individual to adapt to a changing production environment, to introduce intensive technologies. In a market economy, the labor market involves competition. The system of higher education with the help of the course of legal disciplines should satisfy the need of students for qualification high level and ensure its competitiveness in the field of labor application.
5. Student youth more easily adapt to new living conditions, to new professions, therefore, in order to increase the chances of finding a job, it is necessary to inform students in senior years about the situation on the labor market and their rights in this area, to train specialists who can independently resolve conflicts by legal means. situations.
Students must gain skills in organizing work in modern workplaces equipped with personal computers and various peripheral equipment. Continuous computer training, the ability to use legal reference systems when performing individual tasks, term papers and theses will ensure the transition from a reproductive to a transformed level of knowledge.
Using legal reference systems in courses of legal disciplines, varying teaching methods depending on didactic goals, the teacher transforms passive knowledge of students into active ones, helps to organize the process of assimilation of new knowledge by students in law and their application in practice.
In the course of the experimental work, the methodological foundations of teaching legal disciplines were identified, ensuring the effectiveness of the assimilation of legal knowledge, the formation of skills and abilities, the ability to predict a professional situation and make independent decisions.
Reference legal computer systems, on the basis of which training takes place, allow you to see the links between individual legislative acts, court decisions and legal documents.
Therefore, stimulating the activity of students through active forms of training sessions, with the involvement of a set of educational, professional and practical tasks formulated in the form of legal incidents, on the basis of information computer technologies, makes it possible to form the skills and abilities of the practical application of legal knowledge, possession of the norms of procedural legislation and introduce students to experience of creative self-realization in the field of labor activity.
6. The conducted dissertation research made it possible to make specific pedagogical recommendations for improving the process of teaching legal disciplines in non-legal universities:
Legal nihilism and legal infantilism of the population, radical demolition of social and moral values convinces to place a primary emphasis in the process of teaching legal disciplines on law-educational work with students: on the formation of a respectful attitude to the system of legislative norms in force in society, law obedience, orientation in everyday life and professional activities on conscious compliance with the requirements of laws, the desire for their implementation;
Among the priority steps to radically improve the practice of teaching legal disciplines in non-legal universities, it is necessary to provide for the further improvement of the State Educational Standard in Law. It should set the primary task of the legal education of students. The requirements for the knowledge and skills of students should be supplemented by a provision on the duties of a person and a citizen.
In order to further improve the process of teaching legal disciplines, it is necessary to strictly observe the continuity of legal education at all stages of education. Each subsequent stage should complement the previous one, deepening the acquired knowledge, skills and abilities;
The course of jurisprudence should be the final stage of legal training that students undergo in the process of studying and acquiring higher education. The main objective of this course is seen as to give knowledge of the rules of law governing legal relations, which university graduates will enter into in the course of their work, participation in the political life of the country, the realization of personal rights and freedoms;
It is expedient to read the course of jurisprudence at graduation courses, when students have already received a system of knowledge in major disciplines; encourage students to acquire social and professional experience during their studies, for which increase the share active forms training, traditional lectures should be combined with business games, role-playing games, round tables, thematic discussions, educational and practical conferences, the use of computers and other achievements of scientific and technological progress in the teaching process;
It is necessary to more closely link the teaching of legal disciplines with the specialization of students, legal issues addressed in the course of their future professional activities;
It is necessary to improve the preparation and provision of the process of teaching the course with technical means, including educational filmstrips, video films, computers, legal reference systems.
Provide for the development of specialized software tools for solving practical legal and educational and professional problems in accordance with the specialization of education at the faculty.
The fulfillment of the tasks of the dissertation research made it possible to realize its goal. The main provisions of the hypothesis were confirmed and refined.
The results obtained in the course of the study allow us to state that the introduction into mass practice of the considered pedagogical conditions for increasing the effectiveness of the formation of the legal consciousness of students in the course of legal disciplines will contribute to the moral and legal socialization of their personality.
The problem of studying the scientific and methodological foundations of teaching legal disciplines in non-legal universities is not completely exhausted by the results of this study. A special study requires the problem of the legal education of student youth in the transition period in the country and the ban on ideological work in universities. Of interest are the issues of tracking in the dynamics of the process of formation of legal consciousness young man, criteria for its effectiveness.
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During the period of teaching practice, I mastered such professional competence as teaching legal disciplines at a high theoretical and methodological level (PC-12).
In the process of mastering the professional competence of PC-12, information was found on the state of legal doctrine in the field of legal disciplines, the main Russian and international documents regulating higher legal education were studied. The principles of designing the educational and methodological complex of the discipline were also investigated.
During the teaching of legal disciplines, the necessary methods for teaching the required discipline were selected, the theoretical and regulatory material necessary to complete the task was selected and systematized. At the same time, changes were introduced into the training materials that occurred in the regulatory framework and theoretical innovations.
During the period of mastering the professional competence of PC-12, the ability to compose teaching materials that are part of the main educational program, the ability to plan pedagogical activities, methods (including interactive ones) of conducting all types of training sessions used at the university.
In the course of teaching practice, I applied the methodology of teaching legal disciplines. The methodology of teaching legal disciplines explores the totality of interrelated means, methods, forms of education. Distinguishes this technique from others that education is closely connected with the legal life of the state, society, each person. Such knowledge is knowledge of legal terms, laws, as well as an understanding of the mechanisms of the work of legislation.
In order for students to learn not only the theoretical side of legal disciplines, but also their applied nature, it is necessary to use, along with traditional forms and methods of teaching (lectures, seminars, laboratory works), active and interactive teaching methods, such as role-playing and business games, skills training, problem situations.
At the same time, active methods are understood as such teaching methods, the use of which is objectively impossible without a high level of external and internal activity of students. Interactive methods, in turn, are methods, as a result of which students interact with each other in the mode of conversation, dialogue. Unlike active methods, interactive ones are focused on a wider interaction of students not only with the teacher, but also with each other.
Traditional (passive) teaching methods in more involve replication of information by transferring knowledge from the teacher to the students. Active and interactive methods involve the acquisition of knowledge through the independent work of students, the interaction of students and teachers, students among themselves. The balanced use of methods is an important condition for the effectiveness of the methodology of teaching legal disciplines.
A feature of the methodology of teaching legal disciplines is also the widespread use of statistical data, facts and figures, which make it possible to reveal not only certain aspects of processes and phenomena, but also to develop rules of conduct for students in a state of law. The facts presented must be verified, provable, but at the same time they may raise doubts among students, which will allow the use of problematic teaching methods, such as brainstorming, round tables, discussions.
Since lectures and practical (seminar or laboratory) classes are the leading forms of organization of the pedagogical process in higher professional educational institutions, they should certainly be given sufficient attention in the process of developing a methodology for teaching legal disciplines. However, using the listed forms of interaction in their traditional sense, it is impossible to form an interest in the study of legal disciplines, and therefore it is advisable to use lectures together, binary lectures, active lectures, lectures "Press conferences", problematic lectures, lectures-shows, lectures- visualizations, lecture-situations.
If in a traditional lecture mainly explanation, illustration, description, and examples are used, then in the above types of lectures - a comprehensive analysis of phenomena, a scientific search for truth. As an example, we can cite such types of lectures as a problem lecture and a press conference lecture.
The problematic lecture is based on the logic of sequentially modeled problematic situations by posing problematic questions or presenting problematic tasks. A problem situation is a complex, contradictory environment created in the classroom by posing problematic questions (introductory ones), requiring active cognitive activity of students for its correct assessment and resolution.
The problematic issue contains a dialectical contradiction and requires, in order to resolve it, not the reproduction of known knowledge, but reflection, comparison, search, acquisition of new knowledge or application of previously acquired knowledge. The problematic task, unlike the problematic issue, contains additional introductory information and, if necessary, some search guidelines for its solution.
The solution of problematic tasks and the search for answers to problematic questions is carried out by the teacher (sometimes with the help of students, organizing an exchange of opinions). The teacher must not only resolve the contradiction, but also show the logic, methodology, and demonstrate the methods of mental activity based on the dialectical method of cognition of complex phenomena.
Thus, at lectures of a problematic nature, students are in a constant process of “thinking” with the lecturer, and, ultimately, become co-authors in solving problematic problems.
Lecture - press conference is designed to eliminate gaps in the knowledge of students and diagnosing the level of their training. Organizationally, it is carried out as follows. The lecturer, having named the topic of the lesson, asks students to ask him questions in writing on the problem under study. Within two to three minutes, students formulate the most interesting questions and pass them on to the teacher. As one of the options for conducting such a lesson, questions can be prepared by students at the request of the teacher in advance at the stage preceding the lecture. The teacher sorts the questions according to their content within three to five minutes and starts the lecture. It can be presented as a set and sequence of answers to the questions posed or as a coherent text, in the course of which the answers are formulated.
At the end of the lecture, the teacher analyzes the answers as a reflection of the interests and knowledge of the students. If the answers to individual questions did not satisfy them, then the lecturer reveals them in more detail during the time left for this purpose.
It is advisable to conduct a lecture of this type:
1) at the beginning of the study of a section of the program in order to identify the needs, range of interests of the group, its model, students' attitudes and their capabilities;
2) in the middle of the study, when the lecture is aimed at attracting students to the key points of the course and systematizing knowledge;
3) at the end of the study of the discipline (to determine the prospects for the development of the learned content).
I have presented only some examples of the organization of lectures on the methodology of teaching legal disciplines. This technique was studied by me and used in the pedagogical process during training sessions and seminars for students of the RSSU.
On the last day of the internship, I affixed all the necessary signatures and seals to the documentation on pedagogical practice in the organization - the place of internship, and provided it to the head of the internship from the university.
Conclusion
I have done a fairly large amount of work at the Department of State and Legal Disciplines of the Russian State Social University, I have carried out activities with various kinds of educational documentation.
As a result of teaching practice, the following competencies were developed and mastered:
PC-12 - the ability to teach legal disciplines at a high theoretical and methodological level;
PC-13 - the ability to manage the independent work of students;
PC-14 - the ability to organize and conduct pedagogical research.
The goal of pedagogical practice was achieved - I received theoretical knowledge about the features of the implementation of pedagogical activities with their subsequent application in the professional field and practical skills in jurisprudence within the framework of professional competencies: PC-12, PC-13, PC-14.
The following tasks were solved in the process of passing pedagogical practice:
1) experience gained in working in labor collectives in solving production and legal issues;
2) acquired skills in the application of modern educational technologies;
3) received information about the features of pedagogical activity in the field of jurisprudence;
4) the principles of pedagogical activity have been studied, as well as the formation of skills for their practical application.
Individual Assignment objectives were also fully resolved:
1. Studied the administrative and organizational structure of the organization - places of internship;
2. The teaching of legal disciplines was carried out at a high theoretical and methodological level;
3. The management of independent work of students studying at the university has been implemented;
4. Organized and conducted pedagogical research.
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The methodology of teaching law is a pedagogical science about the tasks, content, methods of teaching law.
The subject of Methods of teaching law is a set of methodological techniques, means of teaching law, the formation of skills and behavior in the legal sphere. This scientific discipline which selects legal material for the subject "Law" and develops, on the basis of general didactic theory, methodological tools for the formation of a legal culture in society.
The main tasks of science are:
1. selection of educational legal material and the formation of special legal courses for the education system,
2. creation of special legal training programs, textbooks and teaching aids,
3. selection of teaching aids, determination of a system of methodological techniques and organizational forms of teaching law, as well as teaching a legal course,
4. continuous improvement of methods of teaching law, taking into account the effectiveness of the application of existing ones.
The main functions of science:
1. Practical and organizational - allows you to give specific recommendations to teachers on building a competent system of legal education and upbringing in the state.
2. Worldview - provides the formation of certain stable views of students on the issues of legal reality, understanding the value of law and its settings, and therefore the need to respect and comply with the laws of the state, the rights of the individual.
3. Heuristic - allows you to identify some gaps in the study of legal issues and, if necessary, fill them with new ideas for the transfer and understanding of legal life.
4. Prognostic - allows you to predict in advance the possible result of the learning process in the form of learning models and adjust the ways to achieve them.
Education directly depends on goal setting, i.e., the definition of goals, which, as a rule, come from the state (or are fixed by its power) and are shaped by needs community development. The goal is a mental representation of the final result of pedagogical activity, and therefore it determines the necessary actions of the teacher to achieve it. The teacher, who organizes the cognitive activity of students, forms a specific goal in the unity of its three components: learning (mastering knowledge, skills); education (formation of personal qualities, worldview); development (improvement of abilities, mental strength, etc.).
In science, general goals and specific ones are distinguished. So, the general goals are determined public policy in state regulatory documents (Concepts of civil science, social science and legal education, basic curriculum, instructive letters of the Ministry) defines the importance of educating a person with a high level of legal culture, well aware of his rights, duties and respecting the rights of other people, tolerant in communication, democratically and humanely minded in resolving legal conflicts.
The goals of legal education can also include:
Increasing the level of legal culture of society;
Education of a citizen who is able to uphold and protect his own and others' legitimate interests, the formation of his active citizenship;
Formation of skills of lawful behavior, respect for the laws of the country and international law;
Formation of intolerance to violence, wars, crimes;
The study of national and democratic traditions and values, on the basis of which the law is improved or its new attitudes are formed, etc.
Specific goals they are associated with the organization of individual events, lessons.
The methodology of teaching law is based on the following principles:
1. - variability and alternativeness of models of legal education. This means that there are many different approaches in the field of teaching law and they really exist in practice (this is due to the lack of a unified, strictly mandatory system of legal education: different regions have developed their own traditions and features of legal education, which, of course, are based on the requirements of the State Standard knowledge);
2. - a personality-oriented approach that ensures the individualization and differentiation of teaching law (work with each student, based on his level of abilities, the ability to perceive legal material, which allows for the development and training of everyone who is included in the educational process);
In accordance with the specifics of the object and subject of research, a distinction is made between general didactics, which teaches “everyone and everything,” and private didactics, that is, theories of teaching individual subjects or in certain types of educational institutions. General didactics conceptually determines the development of private didactics, which provide specific material for identifying the main, essential features and characteristics of the educational process.
The subject of didactics are laws, principles of the educational process, technologies of education and upbringing. The term "didactics" comes from the Greek word didaktikos - instructive. It is generally accepted that this term was introduced in 1613 by the German linguist and teacher Wolfgang Rathke. The first fundamental work on the theory of didactics was the "Great Didactics" by Jan Amos Comenius, published in 1657.
Didactics solves the following tasks:
1) studies the laws and principles of education;
2) develops conceptual provisions, paradigms of the educational process;
3)designs educational technologies;
4) creates a system for diagnosing, monitoring and evaluating the results;
5) predicts the results of the educational process based on the use of various concepts.
For example: The methodology of teaching economic disciplines explores a set of interrelated means, methods, forms of teaching economic subjects.
What distinguishes this technique? It is that learning is closely related to the economic life of society. Real knowledge is knowledge of economic laws. The applied aspect allows building up the theory, expanding the conceptual apparatus, and revealing new principles and laws. However, excessive focus on specifics can lead to superficial, simplified knowledge and conclusions. The "golden mean" is important here, a combination of theory and practice of economic development.
The most important characteristic of the methodology is the wide use of statistical data. Facts and figures make it possible to reveal not only certain aspects of economic processes and phenomena, but also to show the social economy as a whole. However, it should be remembered that facts should not “break out” of contact, be presented in isolation from the totality of the phenomena of economic life, should not be accidental. Otherwise, they can misinform students, raise doubts about their objectivity. Statistics data should be used systematically. Negative facts require special attention and attitude.
All of the above features are interrelated, since this technique is characterized by a special role of argumentation and evidence. The economy as a sphere of human activity is designed to provide people with everything necessary to sustain life. Here the interests of different strata and groups of the population collide. They are looking for means, arguments to substantiate their ideas, concepts in order to influence social activity. This affects the choice of one or another option and model of the future development of society.
The most important feature of the methodology is the relationship of educational technologies with the role of knowledge in economic development. Teaching technology refers to the methods, means by which the teacher influences the students. Educational technologies arose at a certain stage of the economic development of society and evolved along with it. You can read more about this in the article “The relationship of teaching methods with the role of knowledge in economic development”. If we classify teaching methods according to the degree of participation of the student in the pedagogical process, then in the nineteenth century. along with the academic method, the active method began to be used.
The academic method involves replicating information by transferring knowledge from the teacher to the students. The active method means obtaining knowledge through the independent work of students.
The rapid development of the means of production required a professional researcher who could apply principles or processes previously studied to a new situation, use scientific generalizations to solve individual problems, or combine parts, elements into a new whole.
Appearance in the 20th century The interactive method is caused by the need for effective teamwork in order to quickly acquire new knowledge and create an atmosphere of cooperation. The interactive method involves the joint work of participants in the educational process.
The balanced use of methods is important in achieving educational goals. Benjamin Bloom, an American scientist, identified 6 levels of educational goals
1) knowledge: the ability to reproduce special information, including facts, concepts, principles, laws;
2) understanding: the ability to adequately reflect the information received (transfer to another form, rebuild ideas into a new configuration, predict the result);
3) application: the ability to use previously learned principles, methods, processes to a new situation;
4) analysis: the division of the material into separate constituent parts and the study of each of these parts, establishing their relationship and organization;
5) synthesis: the connection of individual, discrete elements, processes into a new whole;
6) assessment: the process of developing value judgments about ideas, theories, methods.
Evaluations can be quantitative or qualitative based on the use of certain criteria.
The optimization of the educational process involves the use of technology in relation to certain disciplines. The choice of the latter depends not only on the educational goals of the training course, but also on the individual teaching style, the student's experience. In economic disciplines, a different level of complexity of the material is distinguished, which allows the use of various methods of educational cognitive activity.
2 question Chapter 4 of Federal Law No. 324-FZ of November 21, 2011 “On Free Legal Aid in the Russian Federation” refers to a non-state system of free legal aid.
Participants in this assistance system are legal clinics (student advisory bureaus, student legal bureaus, and others) and non-governmental free legal aid centers. Formed on a voluntary basis. The clinic does not provide legal advice on criminal matters.
Educational organizations of higher education in order to achieve the goals, legal education of the population and the formation of legal assistance skills among students in the legal specialty can create legal clinics.
A legal clinic is created as a legal entity if such right is granted educational organization higher education by its founder, or a structural unit of an educational organization of higher education.
They can provide free legal assistance in the form of legal advice in oral and written form, drafting applications, complaints, petitions and other documents legal nature.
In the provision of free legal assistance by legal clinics, persons studying in the legal specialty in educational institutions of higher education, under the supervision of persons with higher legal education, responsible for the training of these persons and the activities of the legal clinic in an educational organization of higher education, participate.
However, a legal clinic is always a form of teaching practical skills to students.
A feature of training in legal clinics is the use of interactive educational technologies, teaching on the basis of a competent approach of special clinical courses (the basics of office work in various areas of legal activity, professional ethics, professional communication, legal consulting, the basics of legal analysis, mediation, and others), as well as student interaction and a teacher-curator on the principles of equal cooperation and partnership.
Currently, legal clinics are very widespread. Almost all law schools or law schools are trying to establish a legal clinic. The advantages of legal clinics are obvious - they benefit both the students giving consultations and their visitors - citizens, often belonging to the category of low-income ones.
The main models of work of legal clinics:
1. Personal consultation.
The visitor arrives at a certain time for an appointment by appointment or on a first-come, first-served basis. During the reception, the consultant conducts a survey of the visitor, gets acquainted with the documents, makes copies if necessary. During the consultation, an oral / written answer to the question can be given, procedural documents (claim, petition, complaint, etc.)
2. Remote consulting.
Remote consulting refers to responses to citizens' appeals via e-mail or regular mail.
3. Telephone consultations. So-called "hot lines" are formed, where students are on duty and answer citizens' questions by phone. Basically, such consultations are given on not very complex legal issues, or a recommendation is given to make an appointment for a personal appointment.
4. Field consultations.
Legal clinics can organize on-site consultations in social institutions (nursing homes, orphanages, etc.).
Ticket number 30
1 question: Modern means training in the system of legal education
2. Simple PCS: Features of teaching historical legal disciplines: the history of the state and law of Russia, the history of the state and law of foreign countries, the history of political and legal doctrines
3. Comprehensive PKZ: Developing in writing and conducting an open copyright training session on any topic within any legal discipline
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Ministry of Transport of the Russian Federation
Federal Agency for Railway Transport
Federal State Budgetary Educational Institution of Higher Professional Education
"Far Eastern State University of Communications"
Institute of Integrated Forms of Education
Department of Civil, Business and Transport Law
TEST
Discipline:Methodology of the teacher. legal in high school
Topic: Methodological and methodological problems of organization of legal education
Completed by: student Anatsky K.Yu.
direction: Jurisprudence
Checked: teacher of the department
Protsenko S.V.
Khabarovsk
Plan
Introduction
1. Relevance of the study of problems of organization of legal education
2. Competence-based approach in teaching legal disciplines
3. Problems of legal education
Conclusion
Bibliographic list
Appendix
Introduction
The development of the political, economic and social spheres of society prompted the legislator and practitioners to pay attention to the quality of training of specialists with higher education, and, first of all, lawyers. This is happening despite the significant steps taken by the state in carrying out administrative reform and organizing at a good level the systems of licensing, attestation and accreditation of universities. The faculty and students are also involved in assessing the quality of higher education.
However, unsurmounted economic problems with funding, a certain shortage of personnel for the required number of qualified teaching staff, and as a result, an insufficient level and quality (due to the changed situation and the increase in the level of requirements - for example, many law enforcement agencies used to hire bachelors, but now they no longer) training of specialists forced society to talk about raising the level of training of legal personnel. The foregoing determines the interest in the methodological and methodological problems of organizing legal education.
The purpose of the abstract is to study the methodological and methodological problems of the organization of legal education based on the analysis of its legal regulation, as well as scientific literature.
To achieve this goal, it is necessary to solve the following tasks: to study the relevance of the problems of organizing legal education; explore the competence-based approach in teaching legal disciplines; identify the problems of legal education.
1. Relevance of the study of problems of organization of legal education
The most important element of the public-state system was and is education, the importance of which is recognized in many developed countries. In recent decades, the system of higher education both in Russia and in the world has evolved significantly: the number of universities has increased, the range of offered specialties has changed and expanded, and the mission of higher education has become more significant.
The Law of the Russian Federation "On Education" (1992) gave impetus to the development of non-state universities, which primarily organized the training of lawyers. Such a “splash” of legal education is due, on the one hand, to the lack of high-quality legal personnel for developing Russia, on the other hand, the apparent simplicity of learning, which is associated mainly with memorizing laws and other legal acts.
It is important to understand that the ideas embodied in the basic educational documents do not in themselves ensure success, often experiencing deformations on the way to practical implementation. Quite eloquently is the “renewal” of domestic education in last years Danilov S.Yu. On modern problems of jurisprudence in the context of scientific and educational components // History and Modernity. Minsk: Business Offset, 2012, p. 94.
In Russian society, there is currently an increase in critical interest in the noticeably aggravated problems of higher professional education, which, apparently, is associated with fairly significant changes in the overall socio-economic situation in our country and the world. They are reflected, in particular, in the new federal state educational standards of higher professional education, including in the direction of "Jurisprudence", and in the new Federal Law "On Education in the Russian Federation" Federal Law of December 29, 2012 No. 273-FZ "On Education in the Russian Federation" // SZ RF. 2012. No. 53 (Part I). Art. 7598. .
One of the key tasks is to improve the quality of education. Under the quality of education in paragraph 29 of Art. 2 of this Federal Law is understood as "a comprehensive characteristic of educational activities and training of a student, expressing the degree of their compliance with federal state educational standards, federal state requirements and (or) the needs of an individual or legal entity in whose interests educational activities are carried out, including the degree of achievement of planned results educational program".
The problem of the quality of legal education today is becoming increasingly relevant due to the following factors:
major transformations in the socio-economic and legal spheres, requiring effective responses from the system of legal education to the challenges of the time;
mass nature of legal education to the detriment of the quality of professional training of lawyers;
low entrance general education level of applicants, which requires a significant restructuring of the content and methods of higher legal education;
shortage of lawyers capable of working effectively in the rapidly changing conditions of a market economy with an excess of traditionally trained specialists trained in-line according to the old “educational patterns”;
diversification of legal education (bachelor's, master's, postgraduate, doctoral studies) and the resulting challenge of quality assurance at each of these levels;
insufficient level of professional and pedagogical competence of the teaching staff of many law schools;
a change in the educational paradigm (instead of "education for life" - "education throughout life"), which requires adjustment of the goals, content, technological support of higher legal education and criteria for its effectiveness, including those related to the linguistic personality of the graduate as a subject of communication and activities that can effectively exist in the socio-cultural space of professional discourse;
worsening conditions for funding law schools, which makes the problem of their survival extremely acute and makes it directly dependent on the quality of education.
The concept of the quality of education was formed and received international recognition at the World Conference on Higher Education held in Paris in 1998, which stated that improving the quality level is becoming one of the main tasks of universities in the long term. We must not forget that it is the quality of higher education that to a decisive extent determines the level of development of states, becomes a strategic area that ensures their national security and scientific and economic potential.
The problem of quality began to be actively studied in the 1970s - 1980s, mainly in management works. This was largely due to the fact that the number of products produced ceased to guarantee success in the market, which ultimately did not allow to ensure the quality of life and security of the country.
Higher requirements began to be imposed on the quality of professional training of specialists, since poor-quality and dishonest performance by them of their functional duties could lead to negative social and material consequences, such as lost profits, corruption, financial losses, political and economic destabilization, damage or harm to a specific a citizen, a group of people or society as a whole.
Since quality is always defined as compliance with something, it is more expedient to eliminate defects and errors as inconsistencies of system elements, rather than deal with their consequences. It is necessary to demand high quality from each element of the system. Only high-quality work of all elements can ensure a truly high quality product. Quality management is based on the fact that the quality of the system consists of the quality of its elements. In any system of education, this is the goal, the content, the process of its transfer and assimilation, the result. From these positions, we will try to identify and analyze the didactic problems of modern legal education.
The quality of legal education refers to the categories of social quality and is understood by us as the adequacy (compliance) of the system of legal education with the actual needs of society and the needs of the person receiving this education. The resulting quality in an integral form is reflected in a certain level of professional competence of a lawyer, i.e. professional knowledge, skills, intellectual, moral and physical development, which university graduates achieve in accordance with educational goals. The quality of education is assessed by such indicators as completeness, consistency, depth, effectiveness, strength of the content of legal education learned by the student. Indicators of the high quality of legal education are professional critical thinking, the ability and readiness of university graduates to independently formulate and solve professionally significant tasks, to be competitive in the domestic and international labor markets.
The competitiveness of a lawyer is defined as the level of general and speech culture of a person, covering thinking, emotional and volitional manifestations, ways of professional activity and behavior, values and value orientations, knowledge, experience, traditions, norms and professional and personal properties. If the quality of legal education is interpreted as the degree of satisfaction with the content and results of educational activities of the needs of society and the needs of the individual, then education quality management can be defined as a type of management activity to achieve and maintain optimal performance indicators for the functioning of individual elements and the entire system of legal education as a wholeLevitan K.M. Didactic problems of modern legal education // Russian legal journal. 2013. N 6. S. 172. .
At the same time, one should always keep in mind the traditional spiritual and cultural mission of universities, which consists in their functioning as scientific and intellectual centers for the development of any society, where the formation of a democratic, professionally and socially mature personality of a lawyer takes place, designed to eradicate legal nihilism in society through the approval and dissemination of legal culture Levitan K.M., Yugova M.A. The Formation of the Democratic Personality of a Lawyer at the University // Yurid. education and science. 2004. N 3. S. 6 - 9. .
2. Competence-based approach in teaching legal disciplines
The traditional (classical) model of vocational education has been developing for a long time in line with the so-called knowledge paradigm, focused on the assimilation of as much information as possible about the subject of study. According to the concept of traditionalism, the main goal is the formation of basic knowledge, skills and abilities, allowing you to move on to the assimilation of values and skills of a higher level. It is well known, however, that in modern conditions, legal knowledge becomes obsolete every 3-5 years (in some areas of law even more often). The problems of the traditional approach in education are obvious: the acquisition of mainly theoretical knowledge (with the auxiliary role of skills and abilities); the predominance of methods aimed at working memory over methods aimed at developing creative thinking; orientation of control methods mainly to the assessment of knowledge.
The accelerated pace of social and technological changes, integration with the European education system have determined the need for innovative, so-called contextual learning (contextus - close connection, cohesion, interlacing), in accordance with which a dynamic transition from learning activities to educational-professional and actually professional activity. Academic subjects in contextual learning are presented not as scientific dogmas presented in the form of textbooks, but include (or should include) the solution of professional problems.
The Federal State Educational Standard for Higher Professional Education of the Third Generation (FGOS VPO-3) in the direction of training "030900" (2010) outlined a specific direction for modernizing the profile of the legal specialty, defining the main task - updating the content of education by strengthening its practical orientation, implemented within the framework of the so-called competence approach.
The analysis of scientific research allows us to define "competence" as a result of formal and informal educational impact, expressed in the ability and willingness of the subject to effectively use internal and external resources to achieve the professional goal Timofeeva A.A. Competence approach in teaching legal disciplines: experience and problems of implementation // Legal education and science. 2015. N 2. S. 12. .
The optimal way to form students' competencies in the implementation of FSES-3 is to combine the traditional approach developed in the history of the national higher education and the innovative approach, which is based on the experimental methods of leading domestic teachers and modern foreign experience. Modern educational technologies should be based on clearly formulated learning outcomes in a competency-based format, a practice-oriented approach and the use of active and interactive teaching methods Nosov S.I. On some problems of legal education and certification of highly qualified scientific personnel // Lawyer. 2013. N 14. S. 37. .
To modernize the process of training a lawyer, it is necessary to pay more attention to the independent educational activities of the student, to carry out professionally oriented teaching of all academic disciplines.
The quality of training is not an abstraction, but a system of components, which includes: mastering scientific knowledge, skills and abilities that underlie general and professional competencies; formation of professional experience in the educational process; education of the personality of a specialist and the means of the discipline being studied, and the creative potential of the teacher.
The interaction between the teacher and the student begins already at the lecture. The activity of the methodology consists in the degree of students' interest, in their involvement in the learning process. In this sense, such a discipline as "History of the national state and law" has a huge potential. Description and analysis state institutions, norms, relations "served" against the background historical material, creating an organic fusion of jurisprudence and history, important and minor.
The main rule of teaching is a comprehensive study of the subject of research, a scientific and vivid form of presentation - without ambiguity and "newspeak". The instruction of the always modern V.O. Klyuchevsky: "The word was given to teachers not to lull their thoughts, but to wake someone else's." This task can be performed by a teacher who strives for self-improvement: “In fact, studying proccess consists of the creativity of specific teachers "Nemytina M.V. Effective models of teaching law // Modern forms and methods of teaching law: Proceedings of the All-Russian Scientific and Methodological Conference. Saratov: scientific book, 2008. S. 19. .
The purpose of the lecture is to form the basis for further independent work on the problem; this is a way of activating the student's mental activity, a means of developing all types of memory: auditory, visual, emotional, and even mechanical.
“Wakes up” the thought of students with a problematic lecture, a lecture-dialogue, a lecture-conference, which fit well into the teaching of legal disciplines.
Building a script for a problematic lecture is possible through the designation of one or a set of problems and the teacher's appeal to the audience about ways to overcome them. It must be borne in mind that such a lecture is successfully held in a prepared and not numerous audience.
A lecture - a press conference, as a rule, is devoted to a topical and debatable problem (for example, "Peculiarities of the formation and development of Russian statehood"). Stimulates the activity of students not only interest in the topic, but also grading students for the most successful questionsSheveleva NA, Lavrikova M.Yu. Some problems of a new stage in the development of legal education // Law. 2014. N 1. S. 42. .
A presentation has become a familiar element of accompanying a traditional lecture, but, unfortunately, often such a tool is used only as an additional board with pre-typed text, a diagram, a table that repeats the words of the lecturer. The problem of searching for the actualization of this technology is obvious: there is little modernization in the feverishness and not always thoughtful use of electronic technology.
Active learning in the most pronounced form is implemented in seminars, which allows developing: skills of independent work with literature (for students of a legal specialty, this is work with the legal framework); analysis skills; the ability to realistically assess specific life situations which a lawyer has to deal with in practice; teacher-student feedback; creative, professional thinking; students' speech. By the nature of his activity, a lawyer will have to resolve issues based on laws, he needs to explain and explain, prove and convince. The main weapon of a lawyer is language, the ability to communicate in the form of legal concepts, provisions, situations. Recommendations A.F. Horses retain their enduring value today: “You need to know the subject you are talking about, exactly and in detail ... you need to know your native language and be able to use its flexibility, wealth and peculiar turns ... "Koni A.F. Collected works. T. 5. M.: Legal literature, 1967. S. 8. .
The creative potential of students is used to the maximum on the basis of their active involvement in the process of independent work on problems of great theoretical and practical importance. A complex of independent works, assignments, exercises in legal disciplines allows modeling the subject and social content of their future professional activities.
Seminars are diverse in nature: a seminar-discussion, a problematic seminar, a theoretical final seminar, a seminar-conference, a colloquium.
The choice of the form of the lesson depends on the specifics of the topic of the seminar, the composition of the student group and its level, but in any case, it is necessary to form students' critical thinking, that is, the ability to determine their position on the issue under discussion and argue it, to distinguish between reasonable and unreasonable conclusions and assessments, to highlight causal -investigative connections, "revise" existing knowledge in accordance with new information, etc. Ivanova S.A., Petrovskaya O.V. Problems of development of higher legal education in the conditions of financial and economic modernization // Legal education and science. 2013. N 4. S. 23.
Creative tasks require not the reproduction of information, but, first of all, comprehension. Examples of such tasks can be writing an essay, creating presentations by students on the topic of the seminar, comparative analysis maintenance of monuments of law, etc.
The main criterion for the formation of the professional-activity component of a lawyer is his ability to independently resolve possible legal situations. The main task is to develop skills in applying the legislative provisions in practice. This goal is most effectively achieved through the use of specific legal cases (legal tasks).
Students delve into the content of normative legal acts much more actively when they are faced with the need to apply them to solve a specific incident. In this case, the norm of the law is assimilated almost forever, since it was not just memorized, but "passed through itself." Solving a practical incident, the student himself “creates law”, creating a model of a legal solution to the problem.
Problem solving can take place both in the classroom, during a practical lesson, and at home. In both cases, the solution of the problem acts as a form of control of independent work, as it illustrates the student's ability to apply theoretical knowledge to solve a specific life situation.
When evaluating a solution to a problem, the following are taken into account: understanding the logic of a particular document; the ability to navigate it; the degree of mastery of normative material and, importantly, the ability to conduct a competent legal qualification of the situation.
The essential characteristics of legal education are not only personal orientation, but also its complex, interdisciplinary and integrated nature. It is important to remember that new forms (methods) aimed at the formation of professionally important qualities of a student should be applied, firstly, in the system, and secondly, in the complex of all disciplines studied.
3. Problems of legal education
legal education competence
Over the past two or three years, speeches have increasingly appeared in the media, mostly by leaders, including the Minister of Education and Science, in which they try to impose on society some ideas related to the training of lawyers in higher educational institutions in Russia:
1. There is an overproduction of lawyers in the country. Many specialists with a diploma cannot find a job in their specialty. In this regard, the number of places for law students, primarily state-funded, should be reduced.
2. The level of training of lawyers in many educational institutions is extremely low, so such educational institutions need to be closed.
3. There are especially many complaints about non-core universities - agrarian, medical, etc., where lawyers are allegedly trained not by specialists, but mainly by practicing lawyers from local law enforcement agencies.
4. There are especially many complaints against branches where training is practically not conducted, and diplomas are simply issued. This is especially true for distance learning.
5. All these shortcomings are exacerbated when assessing the quality of training in non-state universities.
Along with the implementation of these ideas, practical measures began to be taken. First, they reduced budget funding for many state universities, and then in a number of non-core universities they stopped budget funding for the training of lawyers.
In many educational institutions, the prosecutor's office conducted inspections to assess the quality of training of lawyers.
All this causes concern not only among lawyers, especially those working in universities, but also among students studying in such universities and branches, and especially among their parents, who pay for the education of their children.
It seems that we can say that we have two main branches of training of lawyers.
The first is the training of specialists for law enforcement agencies in specialized educational institutions. There are problems there too. First of all, this is the need for specialization of training, taking into account the tasks solved by the department. There is still a problem of dismissal of young specialists, whose training is expensive for the state, often immediately after receiving a diploma or in the first 1-2 years, since the salary of these specialists is significantly lower than in other areas.
The second branch is the training of lawyers in civilian universities (which also train specialists for law enforcement agencies).
There can be no overproduction of lawyers in principle. Unfortunately, we still have 5-7 times fewer lawyers in the country (relative to the population) than in European countries Sokolskaya L.V. Problems of Higher Legal Education in the Context of Sociocultural Changes in Society // Legal Education and Science. 2013. N 3. S. 16. . One can only talk about "family" lawyers. It has been said and written many times at conferences and in the mass media that not all investigators of the Ministry of Internal Affairs have a legal education at all.
In addition, the more citizens of our state will know the law, the more likely the implementation of the idea of a “lawful state”.
Many of the law graduates cannot find work, including through the fault of the state, which has changed its policy. Declaring that the bachelor's degree is higher education, the state banned the admission of bachelors to graduate school.
Most state structures the directives are being clearly implemented: do not hire bachelors, especially in law enforcement agencies. Now they are urgently organizing additional training in a number of law enforcement agencies so that employees with a bachelor's degree receive a specialist diploma.
If some of the graduates of law schools who have received a specialist or master's degree cannot work due to their insufficient training, they have the opportunity to raise this level through independent work. This is the basis of any training.
We must not forget that it was predominantly 16-17-year-old boys and girls who entered universities, who often followed the fashion for this education. There is nothing wrong with this if, disappointed in their initial choice, they change it and, from other positions, a person who has been formed by the age of 21-22, make a different choice, since there are enough opportunities for this.
One more aspect cannot be ignored - the social one. Studying, albeit in "bad" universities, young people are distracted from the street, doing business, raising their general level and, albeit at an insufficient level, but absorbing legal ideas. These young men and women go through a stage of socialization during their studies, and after graduating even from such a university they will not commit a crime through thoughtlessness and can already clearly define their desires.
Separately, it is worth mentioning the role of non-state education. Along with the training of specialists, it also solves another problem, perhaps more important - it distracts young people from the street, promotes their socialization, albeit at different levels, but also solves the educational function. And this is done mainly at the expense of the parents, and not the state, which still cannot provide its citizens with decent wages.
If the state believes that the level of education in a number of universities is insufficient, it is necessary to help raise it, and not close the university.
One of the reasons for the revocation of licenses and the termination of the activities of universities is a low-quality library. Textbooks now cost 400-600 rubles (with a much lower cost and the fact that publishing is one of the most profitable). The state can and should organize the publication of cheap textbooks, and perhaps provide the libraries with one or two titles of basic textbooks free of charge.
The question of non-core universities is rather far-fetched. Laws cannot adequately ensure the proper level of legal regulation. For each law, dozens of by-laws are adopted to ensure the application of the law and its implementation. And the lawyers who develop these by-laws should at least to some extent understand the specifics of the regulated issues.
One of the reasons for poor medical care, shortcomings in the organization of agricultural production, etc. is also the fact that departmental regulations are developed by "pure" lawyers.
The question of allegedly low-quality education in these universities is, to put it mildly, exaggerated. And in terms of the level of degrees, and the quality of specialists, these faculties surpass many specialized universities in the capital. In addition, these universities have state accreditation. And this, with all the nuances, means that the basic requirements of the state standard for the conditions and quality of education are met in them.
The same can be said about non-state universities. The salaries of leading specialists in most of them are higher than in state universities, and they can afford to lure a well-known professor from the state, and even buy him an apartment. This is also one of the reasons for the often sweeping criticism.
Legal education should be further developed and expanded. If a person, especially at his own expense (or his parents), wants to have a legal education, he must be given such an opportunity in the interests of both society and the state, since every citizen of the country must know its laws.
Unfortunately, the problem of education is aggravated with the introduction of the Unified State Examination, shortcomings in its organization, and insignificant opportunities for universities to correct the situation when enrolling applicants.
It seems that this is a general consequence of the existing and still not overcome socio-economic problems. They must be addressed in the first place, not forgetting, of course, the real problems of the organization and quality of training specialists in law schools.
Conclusion
The study of methodological and methodological problems of organization of legal education allows us to draw a number of conclusions that have both theoretical and practical significance.
The problem of the quality of legal education today is becoming more and more relevant due to the following factors: major transformations in the socio-economic and legal spheres, requiring the system of legal education to respond effectively to the challenges of the time; mass nature of legal education to the detriment of the quality of professional training of lawyers; low entrance general education level of applicants, which requires a significant restructuring of the content and methods of higher legal education; lack of lawyers capable of working effectively in a rapidly changing market economy with an excess of traditionally trained specialists; diversification of legal education (bachelor's, master's, postgraduate, doctoral studies) and the resulting challenge of quality assurance at each of these levels; insufficient level of professional and pedagogical competence of the teaching staff of many law schools; a change in the educational paradigm (instead of "education for life" - "education throughout life"); worsening conditions for funding law schools, which makes the problem of their survival extremely acute and makes it directly dependent on the quality of education.
It should always be remembered about the traditional spiritual and cultural mission of universities, which consists in their functioning as scientific and intellectual centers for the development of any society, where the formation of a democratic, professionally and socially mature personality of a lawyer takes place, designed to eradicate legal nihilism in society through the establishment and dissemination of legal culture.
There can be no overproduction of lawyers in principle. We still have 5-7 times fewer lawyers in the country (relative to the population) than in European countries. There are no, for example, "family" lawyers.
Many of the law graduates cannot find work, including through the fault of the state, which has changed its policy. Declaring that the bachelor's degree is higher education, the state banned the admission of bachelors to graduate school. In most state structures, the directives are clearly implemented: do not hire bachelors, especially in law enforcement agencies.
Legal education should be further developed and expanded. If a person, especially at his own expense (or his parents), wants to have a legal education, he must be given such an opportunity in the interests of both society and the state, since every citizen of the country must know its laws. Unfortunately, the problem of education is aggravated with the introduction of the Unified State Examination, shortcomings in its organization, and insignificant opportunities for universities to correct the situation when enrolling applicants.
Bibliographic list
1. Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” // SZ RF. 2012. No. 53 (Part I). Art. 7598
2. Danilov S.Yu. On modern problems of jurisprudence in the context of scientific and educational components // History and Modernity. Minsk: Business Offset, 2012.
3. Ivanova S.A., Petrovskaya O.V. Problems of development of higher legal education in the conditions of financial and economic modernization // Legal education and science. 2013. N 4. S. 22 - 24.
4. Koni A.F. Collection of works. T. 5. M.: Legal Literature, 1967. S. 8.
5. Levitan K.M. Didactic problems of modern legal education // Russian legal journal. 2013. N 6. S. 164 - 173.
6. Levitan K.M., Yugova M.A. The Formation of the Democratic Personality of a Lawyer at the University // Yurid. education and science. 2004. N 3. S. 6 - 9.
7. Nemytina M.V. Effective models of teaching law // Modern forms and methods of teaching law: Proceedings of the All-Russian Scientific and Methodological Conference. Saratov: Scientific book, 2008.
8. Nosov S.I. About some legal problems. education and certification scientific. highly qualified personnel // Lawyer. 2013. N 14. S. 37 - 41.
9. Sokolskaya L.V. Problems of Higher Legal Education in the Context of Sociocultural Changes in Society // Legal Education and Science. 2013. N 3. S. 15 - 17.
10. Timofeeva A.A. Competence approach in teaching legal disciplines: experience and problems of implementation // Legal education and science. 2015. N 2. S. 12 - 14.
11. Sheveleva N.A., Lavrikova M.Yu. Some problems of a new stage in the development of legal education // Law. 2014. N 1. S. 41 - 45.
Appendix
Factors affecting the relevance of legal education
ь major transformations in the socio-economic and legal spheres, requiring effective responses from the system of legal education to the challenges of the time;
ь mass nature of legal education to the detriment of the quality of professional training of lawyers;
ь low general educational level of applicants, which requires a significant restructuring of the content and methods of higher legal education;
ь shortage of lawyers capable of working effectively in a rapidly changing market economy with an excess of traditionally trained specialists;
l diversification of legal education (bachelor's, master's, postgraduate, doctoral studies) and the resulting challenge of quality assurance at each of these levels;
ь insufficient level of professional and pedagogical competence of the teaching staff of many law schools;
ь change in the educational paradigm (instead of "education for life" - "education throughout life"), which requires adjustment of the goals, content, technological support of higher legal education and criteria for its effectiveness;
ü worsening conditions for funding law schools, which makes the problem of their survival extremely acute and makes it directly dependent on the quality of education.
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PROBLEMS OF LAW TEACHING METHODOLOGY
O.A. Pugin
Pugina O.A. Issues of law teaching methodology. The article discusses some topical issues of law education and proposes an original methodology of teaching law in educational establishments.
The problem of teaching law in educational institutions, for obvious reasons, arose quite recently, in the 90s. The adoption of the Constitution of the Russian Federation in 1993, the accession of the Russian Federation in 1998 to the European Convention on Human Rights (in 1950) attracted close public attention to the issues of legal education and upbringing, primarily in the field of human rights. The question arose: who should be a teacher of legal disciplines - a lawyer or a teacher. Lawyers answer this question unambiguously - only as a lawyer, not at all thinking about the fact that they thereby lead legal education to inferiority. Meanwhile, the neglect of the methods of teaching legal disciplines has a sad result: graduates of law schools do not have a good command of the skills of literature, other types of oral and written forms of legal technique, but, most importantly, the level of legal thinking remains low. Although the classes are oversaturated with legal information, they are boring and do not create conditions for its effective assimilation. The frequent absence of problem-solving, visualization and other teaching methods in the classroom does not bring up the courage of thought, does not untie the student's mind, and does not sufficiently affect the emotional perception of legal concepts and categories. It must be remembered that if we give knowledge, but do not teach how to act, citizens will be passive and helpless. If we teach how to act, but do not instill a legal culture, we will raise self-confident and incompetent careerists.
The methodology of teaching law is a very special branch of science, lying at the intersection of pedagogy and law. And it is impossible to determine which component it has more: pedagogical or legal. But it is obvious that the subject of study of this science is law, and the method of legal education is
niya - pedagogical technologies. The subjects of legal education are, on the one hand, students of law schools, and on the other hand, teachers with dual (pedagogical and legal) education. A lawyer teacher who does not know the methodology of teaching law will not be able to prepare a qualified specialist who is in demand modern society. And a teacher who does not feel the fine fabric of legal matter will never teach legal thinking and will not educate legal consciousness.
Law cannot be taught in the same way as other related disciplines, it requires completely different approaches. First of all, because the teaching of law within the framework of the dominant system, where the teacher must initially know the correct answers, and the student must learn to search for exactly the answers that the teacher will offer, contradicts the essential foundations of the course of law, which focuses on the human person. Trying to impose your opinion on a student is a violation of his rights. Therefore, in the classroom for the study of law, the teacher's point of view is not the ultimate truth, and the student's opinion must be respected, even in the case of obvious misconceptions. The main principle of such classes should be the principle of cooperation between the teacher and the student.
The latter does not mean that all the forms and methods of teaching developed in pedagogy are rejected. On the contrary, their diversity will enrich the lessons. I would not like to offend those law teachers who have already managed to create an atmosphere of cooperation in their lessons, a joint search for solutions to educational problems. I would like to emphasize that it is in the legal disciplines that the departure from the principle of cooperation entails the achievement of a pedagogical result that is the opposite of what was intended. But let me
note that those who have achieved such achievements comprehended pedagogical science on their own. And, probably, more than once regretted the lack of pedagogical knowledge.
It cannot be considered normal for a society that claims to be civilized, a dismissive attitude towards the methodology of teaching law on the part of both senior government officials and teachers with only legal education. Moreover, they often do not think, and sometimes do not even realize what happens when the historically established pedagogical technologies in the teaching of legal disciplines are violated.
The university cannot train practitioners, but the university should not train only theorists. The task of the university is to teach those knowledge and techniques with the help of which a student can subsequently become a scientist, judge, lawyer, administrator, and so on, and develop his mental strength, that is, to conduct teaching in such a way that the student is not afraid to work independently with his mind, to cultivate the courage of thought .
From the foregoing, the following requirements for the teaching of law in educational institutions follow:
Report the necessary information, that is, the facts in the system. For a student, only facts are reliable, not controversial. Disputes can only be reported if they are stated with evidence, which illustrates the methods of scientific research;
Develop mental strength, unleash the mind of the student. Every school should inspire students with boldness of thought, that is, the determination to set new tasks, to look for new methods.
Without this, universities will turn out artisan routinists who will be able to repeat only what they did before them. Neither practice nor science will gain anything from such specialists.
Lectures. There is no need to deny living guidance for students; but this guidance should be in fact essential and necessary for them, without which they alone, on their own, cannot acquire knowledge or skills. The lectures of the teacher, or better classes with the teacher, will be interesting for students when
when the latter can no longer acquire information from anywhere as conveniently as from a teacher. What exactly should a student look for from a teacher and what can one do? It depends on the properties of the science being taught, so one answer cannot be given. But since most legal sciences have in mind positive law, then in general it can be said that the student should seek guidance from the teacher in the following respects:
1. The ability to process the sources of law and its history. Therefore, first of all, it is necessary to teach law students how to deal with sources, they must be able to find suitable articles of laws, apply to them all the rules of interpretation developed by science; if the history of law is studied, then they must be introduced to its main sources, taught to criticize these sources. When the student completes this first work under the guidance of a teacher, you can move on to more subtle processing techniques.
2. The ability to systematize the material obtained, legal constructions, and if the history of any law is being studied, then teach how to build historical hypotheses, establish historical perspective in the information obtained, the division into periods, and so on. There is no need to process the entire course with the students in the above order. It is necessary to continue this until the average student has mastered all the main methods of processing law. The rest of the material can be studied by students in the textbook.
3. The ability to apply the rules of law to individual cases of law is required not for aesthetic purposes, but for practical ones, for application to life. Therefore, one cannot be considered a perfect lawyer who limited himself to a theoretical study of the system of law. The student needs to be shown the beaten path, the routine. But sometimes you don't need to know the common use, but you need to know how to get around the law. The teacher's task is to teach students the most fair application of law. To do this, of course, the teacher himself must have both theoretical and practical training, which at present is not considered mandatory in our country. If what has been said is true, then we must admit that the second, insufficient
stupid subject for self-education at the university, will be the practical application of law.
4. Ability to create a new right. This problem is very little developed for teaching. In the doctrine of the sources of law, it is usually indicated how a law is issued, how a legal custom is developed; but this is done briefly or only the formal order is indicated. Meanwhile, people who devote themselves to judicial and administrative activities sometimes have to participate in the creation of laws, or, according to at least, drafting laws. No one will deny the usefulness of rules that would indicate how to proceed with this important business:
Explore related relationships;
Determine the criteria for respecting the current law (to what extent borrowings are acceptable);
To teach the formulation of laws;
Explain the boundaries of the invasion of the moral, private-economic area, and much more.
The importance of such rules can hardly be disputed. You can give students tasks to compose a law under precisely defined conditions, that is, indicate where they can get material for solving, or suggest checking the constitutionality of a newly issued law, and so on.
Find the main and secondary thoughts of the author;
Teach him to check evidence. As a rule, the student is inclined to accept on faith any position of a learned author, or to reject it unfoundedly;
Pay attention to links that are usually ignored. It sometimes does not occur to a student to check whether the author's reasoning is correct from the logical side. In addition, using the example of scientific works, the teacher will have the opportunity to explain to the student the same methods of processing law and the dogmatic and historical side that he showed him when studying the sources directly.
It is with this guidance that the word of the teacher becomes alive, because
it is caused by the exchange of thoughts between teacher and student; the teacher begins to speak when he sees that the student needs an explanation, and, moreover, speaks with already familiar people, and not with a faceless mass. Then, a lecture may be needed in cases where the teacher considers it useful, after joint development of details with students, to reduce them to unity, to generalize. And here in many cases it is better to give this combination in writing, so that the student can better think it over and check it. At lectures, the teacher must always remember that he is in the department, and not on the stage: the beauty of his presentation should be calculated on the mind, and not on the feeling; it should not be an end, but a means to convey information as clearly as possible and to provoke the mind of students to creativity.
Textbooks. There is no need to explain that the textbook should be compiled based on the abilities and training of the average student, therefore, simply, without cluttering it with scientific terms and concepts, but with key quotes sources or links to them. The textbook should present information as reliable as possible.
Exams. There are two objectives of examinations in legal disciplines: pedagogical (to find out if the student has learned enough of the previous one to be able to go further) and political (to find out if certain rights can be given). It is important for us to consider examinations of the first kind. Exams do not currently have a clear objective. Every examiner defines it himself, as best he can: but in general, the examiner confines himself to the requirement that students meaningfully know known facts, theories, hypotheses.
What to ask for in the exam? This is an extremely important question, in connection with which all other questions that arise before the examination must be decided. And at the head of all requirements should be put that the exam meets the requirements of university teaching, because pedagogical exam nothing more than a test of the progress made by the student in the passage of university courses. This requirement is not only a necessary consequence of the very concept of examination, but is also caused by a practical consideration. If the exam will require what is taught during
years, the student will cherish the guidance of the teacher, even look for him and regularly attend the university. This is where the second requirement comes from. Since teaching has a dual purpose - to communicate already known scientific truths and to teach methods for obtaining new truths, then twofold requirements should be set on the exam. One cannot be called a scientifically educated person who will remember a large number of facts without understanding them, and who can describe techniques scientific work but doesn't really know how to use them. Nevertheless, this demand for general development must be put forward resolutely. At present, examiners are often at a loss how to assess knowledge without sufficient mental development. No one, of course, will argue that knowledge without full understanding makes a person educated; but it may be said that the examiner, by giving a satisfactory score, evaluates diligence, which is sometimes more important than knowledge. The last consideration is valid in itself; but higher diploma educational institution, especially university, should be given as evidence of scientific education, and not diligence. A diploma of successful study of legal sciences entitles you to such types of social activities in which diligence alone does not matter. In this case, general mental development means the ability to correctly observe and analyze facts, to critically relate to scientific theories and apply the developed methods to new phenomena. In view of the above pedagogical objectives of the examination, it is necessary to limit it to essential questions only. If the examination is to ascertain the student's scientific readiness in the field of legal sciences, then there is no need to demand from him the knowledge of secondary and tertiary facts, for they testify not to scientific development, but to a good memory. In addition, everyone knows that details always easily disappear from memory even when they are firmly memorized.
If the teaching is set up according to the above principles, and only essential questions are asked in the examination, then there is no need for university students to set a special time for preparation. If a student works under the supervision
teacher throughout the course correctly, then this work is the best preparation for the exam. We call correct work that which gives a hard-working student the opportunity to acquire certain knowledge and skills for a long time, sometimes even for a lifetime.
This study does not cover all the problems of teaching law. In my opinion, much depends on the lack of systematized knowledge about the methods of teaching law1. And this, although in the long term, can be corrected through the development of appropriate educational programs. It is easy to understand that they should be addressed, first of all, to young people, those who in the near future will determine the country's legal strategy.
The main contribution of the teachers of the Youth Center for Human Rights and Legal Culture to the methodology of teaching human rights, in my opinion, was that at the stage of the formation of the course methodology, they clearly defined: teaching law is possible only within the framework of collaborative pedagogy. teachers Perm school human rights, UNESCO Chair of the Institute of Law of Tambov state university named after G.R. Derzhavin also prepared teaching aids and educational and methodological recommendations on this topic.
1. Bogolepova E.A. Nikolai Pavlovich Bogolepov. M., 1912. S. 36.
2. Tomsinov V.A. // Politizdat. 1997. No. 2. S. 105.
1 The method of teaching law is not a novelty for Western democracies, which have accumulated a lot of experience in teaching this subject. Of the publications translated into Russian, I would like to draw attention to the book First Steps, published by the human rights organization Amnesty International. In our country, the area of teaching human rights is the Youth Center for Human Rights and Legal Culture in Moscow (headed by VV Lukhovitsky).
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