GBOU SPO "TOMSK ECONOMIC AND INDUSTRIAL COLLEGE"
Branch in the village Pervomayskoye
Department of Management and Law
FORMATION OF LEGAL CULTURE OF PERSONALITY IN SECONDARY VOCATIONAL EDUCATION INSTITUTIONS
Direction:
SOCIAL AND HUMANITIES
Form of work:
PROBLEM-ABSTRACT
CHERNYAVSKAYA MARGARITA, 2nd year student, graduate. 030912 Law and organization of social security
Supervisor:
E. V. DULYAKOVA, teacher of social and humanitarian disciplines
Reviewer:
V. P. VOROBYEVA, history and social studies teacher, VVK, Pervomaisk secondary school
Introduction…………………………………………………………………………………..………………..…….….2
Chapter I Legal culture of the individual ………………………………………………………........3
Chapter II Formation of legal culture in the process of personal development of college students………………………….…………………………………………………………………………………...…. .5
2.1 Formation of legal culture in the learning process . ………………..…………………5
2.2 Legal education as a means of developing the legal culture of students...........7
Conclusion………………………………………………………..…………………………...9
List of sources and literature…………………………………………………………….10
INTRODUCTION
The main feature of a rule of law state is a prerequisite for its construction and development is a high level of legal culture of the population, part of which is the professional culture of college and technical school graduates. The formation of civil society in Russia is impossible without educating the younger generation in the spirit of modern legal ideas, views and perceptions.
In determining the relevance of the chosen topic, I would like to note that among the requirements for a modern specialist, such as an active life position, citizenship and a person’s ability to defend his principles stand out. In this regard, one of the primary tasks of secondary vocational education institutions is the formation of the spirituality and legal culture of their future graduates. The relevance of the study is also due to the fact that legal culture is a necessary quality of any person, and a basic level of legal knowledge is necessary for every citizen, regardless of his type of activity.
The purpose of the work is to study the process of forming the legal culture of an individual in institutions of secondary vocational education and designating its role for modern society.
To achieve this goal, it is necessary to solve the following tasks1:
Analyze the structure and content of the concept of legal culture;
To identify the importance of legal training and education for the formation of a legal culture of an individual in colleges and technical schools.
To solve the problems, the following research methods were used:
Analytical methods: study and analysis of specially selected literature, regulatory and information documents; comparative analysis;
Methods of observation, study and generalization of teaching experience in educational institutions.
The practical significance of the work lies in the possibility of using the obtained research results both in the further activities of our college and in the activities of other educational institutions in the process of forming the legal culture of students’ personalities.
CHAPTERI LEGAL CULTURE OF PERSONALITY
Legal culture is a type of general culture, consisting of spiritual and material values that relate to legal reality. At the same time, legal culture includes only what is socially useful and valuable in legal phenomena. It is not only a result, but also a way of activity, and in this sense, legal culture is understood as a way of thinking, norms and standards of behavior.
Legal culture is closely related to political, moral, spiritual and other types of culture. And, above all, with ordinary, everyday culture, reflecting a person’s upbringing, his adaptation to order, discipline, organization, and respect for the laws of the country. A person who is not legally prepared can hardly be called cultural. Legal culture is one of the most important elements of the legal system of society, an indispensable condition for the normal functioning of the state.
It should be noted that scientists cannot find a unified approach to the interpretation of both the category “legal culture” itself and its structural components, content, functions, due to the fact that the concept of legal culture is multifaceted. There are more than 250 definitions of legal culture.
Most theorists consider the concept of “legal culture” in both a broad and narrow sense. For example, he believes that in a broad sense, legal culture is the culture of society, which covers all legal values, including laws, developed legislative technology, legal science, developed legal education, perfect legal practice and a stable legal order. And “legal culture” in the narrow sense is the culture of an individual, which includes a certain level of legal awareness, high-quality mastery of skills and habits of lawful behavior. 2
But, nevertheless, all scientists come to the conclusion that the essence and peculiarity of legal culture is that it is not the law or its implementation, but a complex of ideas of one or another community of people about the law, its implementation, and the activities of government bodies , officials.
Just as national culture imparts integrity and integration to public life as a whole, legal culture dictates to each individual the principles of legal behavior, and to society - a system of legal values, ideals, legal norms that ensure the unity and interaction of legal institutions and organizations1.
The question of the structure of legal culture in domestic literature is also debatable. believes that the structural elements of legal culture are the components of legal activity in their special perspective of standards of behavior: law, legal consciousness, legal relations, legality and order, lawful activities of subjects. As for its content, it covers not just legal consciousness, legality, etc., but also the nature, level, degree of their development, i.e., what a given stage of civilization and social progress gives them2.
believes that the elements of legal culture are level states, i.e., the degree of legal development of such components of the system of legal life of society, such as: legal texts (acts-documents and texts with legal content); legal activity (theoretical and practical); legal consciousness (including its cognitive, emotional and attitudinal components); subject-bearer of legal culture (society, classes, nations, nationalities, groups, individuals)3.
Other authors (,) include cultural complexes in the composition of legal culture: law-making activity, legal science, law, legal relations, criteria for the political assessment of law and legal behavior, legal consciousness, legal institutions.
But one way or another, legal culture largely acts as a link between the socio-economic interests and needs of individuals, various social groups, reflected in legal norms, and their legal behavior. In other words, it contributes to the formation of certain types of legal behavior in general, although this reality depends on many other factors (level of education, way of life, behavioral stereotypes, prevailing circumstances, etc.).
It is necessary to distinguish between the legal culture of an individual and the legal culture of society. For this study, it is the legal culture of the individual that is most interesting.
So, the characteristic features (commands) legal culture of the individual are:
A fairly high (acceptable) level of legal awareness;
Knowledge of the current laws of the country;
Conviction in the necessity, usefulness, expediency of laws and other legal acts, internal agreement with them;
Compliance, execution or use of these legal acts;
Correct understanding (awareness) of one’s legal status;
Legal activity.
The essence of the legal culture of an individual can be expressed by the following formula: know – respect – observe.
Summing up, I would like to note that in the formation of an independent, responsible and proactive personality of a business person, a certain amount of legal knowledge plays an important role, which makes it possible to make and implement the most important life and professional decisions. The professor, in his works on legal culture, notes the impossibility of making every citizen a lawyer, “But, writes Lazarev, overcoming legal illiteracy and legal nihilism is one of the conditions for the development of legal culture”1.
CHAPTERII FORMATION OF LEGAL CULTURE IN THE PROCESS OF PERSONAL DEVELOPMENT OF SUZ STUDENTS
The legal culture of society needs systematic rational formation, stimulation, and positive social development. A system of measures aimed at the formation of political and legal ideas, norms, principles representing the values of world and national legal culture acts as legal education (legal training and legal education). This process is carried out primarily by the educational institution, and then by the family, government bodies, officials and society as a whole.
2.1 Formation of legal culture in the learning process
Society's requirements for the legal education of the younger generation are set out in a number of regulatory documents. The basis of the regulatory framework of legal education is the Constitution of the Russian Federation and the Law of the Russian Federation “On Education”, which guides educational institutions towards “education of citizenship, hard work, respect for human rights and freedoms...”
While studying in Suza, students acquire the necessary legal knowledge and skills in a whole block of disciplines. The legal readiness of a student, and then a graduate, for a full adult life combines legal theoretical knowledge and practical skills that allow them to carry out typical types of social activities.
This study showed that it is extremely difficult to describe the entire process of forming a legal culture in an educational institution within the framework of this work. Therefore, it is worth dwelling on one of the most interesting and important aspects of this process - the use of a competency-based approach, thanks to which appropriate competencies are formed in training sessions, allowing the graduate to become a full-fledged participant in public relations.
Key legal competencies can be presented in the form of 2 groups: the first is formed not only by law, but also by other related academic subjects; the second - mainly by means of jurisprudence.
The first group includes:
Competence in the field of independent cognitive activity;
Competencies in the field of labor activity;
Competencies related to informatization of society;
The second group should include:
Competence in the field of state-legal social activities (development of the ability to take responsibility, participate in joint decision-making, regulate conflict non-violently, participate in the functioning and improvement of democratic institutions);
Competence in the family and everyday sphere (law characterizes the moral, psychological and sociological foundations of the family, demographic problems);
Competence in the field of property relations (the law allows one to understand the legal status of the owner, identify aspects of the legal regulation of property relations);
Competence in consumer activities;
Competence related to life in a multicultural society (law allows you to form a view on the dangerous consequences of racism, various manifestations of ethnic and religious extremism; contributes to the education of tolerance).
The effectiveness of applying this approach in vocational education institutions can be determined by the results of current, intermediate and final certification. It is these control activities that make it possible not only to identify the real level of a student’s legal culture, but also to evaluate the results of pedagogical influence. This approach is becoming increasingly relevant in connection with the transition of educational institutions at all levels to new educational standards (FSES).
The results of a survey of college students show that the majority of college students and graduates are aware of the importance and necessity of a high legal culture of citizens in a rule-of-law state and are ready to follow the principles of law. If we refer to the research statistics, today’s youth declare their readiness to expand their legal knowledge, but only 12% of respondents note that they constantly do this on their own without the participation of an educational institution.
2.2 Legal education as a means of developing the legal culture of students
Legal education is the purposeful activity of an educational institution to broadcast (transmit) legal culture, legal experience, legal ideals and mechanisms for resolving conflicts.
The main elements of the mechanism of legal education in Suza are specific ways of organizing the educational process.
Educational activities of legal specificity are very diverse in content, forms, methods of their preparation and implementation. All of them can be divided into the following types:
Conversation, story, message from the teacher himself;
Speech by a specialist (CDN inspector, district police officer, etc.);
Meeting with an interesting person, politician, lawyer;
A message from the guys themselves on a specific legal topic or problem;
Elements of theatricalization or games (role-playing and business games);
Educational or entertaining group activities (competitions, brain rings, legal KVN, theme evenings).
Depending on this classification, all activities for the formation of legal culture can be divided into three types.
To the first include those for which preparation requires broad knowledge in the field of law, life and pedagogical experience. Here, students are only involved during the conversation in discussing certain issues, presenting facts and examples. It is advisable to carry out some activities of this type with the involvement of specialists: a doctor, a police officer, a lawyer, a psychologist. When analyzing such events, I came to the conclusion that such meetings are successful only when the interests of the students themselves are fully satisfied (for example, during a meeting with a guest, students find answers to legal issues that interest them).
Second type activities are characterized by the joint activities of the teacher and students. Determining the content of the main ideas, as a rule, belongs to the teacher, and the development of ways and methods for their implementation is carried out by the teacher together with the children.
Third type involves active independent work of the students themselves. Responsibility for their preparation and implementation rests with several people from the training group. The teacher, together with these students, thinks through only ideas and the general composition, and helps to draw up creative assignments. During the preparation and conduct of such events, a spirit of competition arises between students, each trying to fulfill their function in the most creative way. Then, as a rule, the results are summed up, the young people themselves evaluate their work and enthusiastically plan their future activities. These are the most interesting and, as the results of a survey of students show, the most effective activities for the formation of a person’s legal culture, both during school and extracurricular time. There should be as many of them as possible!
During the research, I came to the conclusion that the methodology for preparing and conducting any legal education event has its own specifics, determined by the specific purpose, content and methods of this work. However, there are also general patterns, taking into account which it is possible to achieve the assigned tasks to the maximum.
An invariable strict requirement for any legal event is its high cognitive level, deep moral meaning, colorful, emotional artistic performance. And the choice of the type of event depends on the topic, the content of the material, the age of the students, the level of their knowledge on this legal issue, the experience of collective activity, the strength of the educational group, as well as pedagogical skills, the individual characteristics of the teacher, the nature of his relationship with students. In addition, the teacher must pay special attention to the psychological preparation and interest of students. After all, I repeat, the best way to form a legal culture is collective creative activity!
CONCLUSION
Summing up the work done, I would like to briefly highlight the following conclusions:
Firstly, legal culture is a unique form of harmonious human development, through which general social progress is achieved. Legal culture acts as precisely the restraining form in which antisocial and therefore anti-legal behavior is limited and supplanted.
Secondly, legal culture is the focus of the legal values accumulated by humanity. Products of legal culture - legal norms, legal monuments, methods of conflict resolution, experience of legal activity, folk legal folklore - need protection and protection no less than traditional cultural values.
Thirdly, legal culture is practically the only global form through which the value and originality of national legal phenomena are reproduced - statehood, law and order, legal system.
All concepts, ideas, positions studied in the course of this work, diverging in specific interpretations of the concept, content, structure of legal culture, as a rule, are united in the understanding of the basic ideas, which come down primarily to the preservation of spiritual values in the legal field, the transfer of legal experience to subsequent generations, maintaining mechanisms for the reproduction of the legal consciousness of the people and its influence on vital areas of relationships (state, politics, economics, international relations, etc.).
Based on all of the above, I would like to note that the process of forming a legal culture, the legal consciousness of Russian citizens is directly interconnected with conditions under which the process of becoming a civil society takes place society and the rule of law.
Currently, transformations of the regulatory framework in the field of law are being carried out, within the framework of which the issues of formation of legal consciousness and legal culture of the individual in accordance with the objectives of the construction and functioning of the legal states.
The study of the topic of this work allows us to say that the formation of a legal culture is a complex and lengthy process that affects all aspects of public life, and also allows us to identify problems that impede this process.
This is, first of all, the legal illiteracy of the population, the complex process of lawmaking, the frequent contradiction of legal acts with reality, as well as the undeveloped ideology of a strong rule of law state and, as a consequence, legal nihilism and denial of moral principles. The introduction of scientifically based, balanced legal ideas and views into the consciousness of citizens, the fight against crime are prerequisites for strengthening the rule of law and order, without which it is impossible to build a civil society and a rule-of-law state. Forming a positive attitude towards the law, law, citizens' knowledge of their rights and responsibilities to the state and society are the main tasks in the process of forming a legal culture.
It is at USPO that, having gone through the school of public organizations, associations, and creative groups, a student acquires solid life guidelines, organizational skills, and personal qualities necessary for a specialist, a leader, and a citizen of his state. And it is precisely thanks to well-planned legal work in Suza that it is possible to implement the process of effective and complete formation of the main components of a student’s personality, such as attitude towards oneself, society, culture, and profession.
Sufficiently high educational potential of young people, breadth of outlook, ability for creative participation in public life, attentive interested audience - all this makes it possible to conduct educational work in college in a more interesting and in-depth way, to use the most diverse and promising forms and methods, and, accordingly, expands opportunities in the field of formation of legal culture.
LIST OF SOURCES
1. Constitution of the Russian Federation.), adopted by popular vote on December 12, 1993 // Rossiyskaya Gazeta. December 19th.
2. Federal Law of June 24, 1999 “On the Prevention of Neglect and Juvenile Delinquency” // Collection of Legislation of the Russian Federation. 1999. No. 26.
3. Law of the Russian Federation of January 1, 2001 N 3266-1 “On Education”// (as amended and supplemented) Rossiyskaya Gazeta. February No.
LIST OF REFERENCES USED
1. Abdullaev states and law: Textbook. – St. Petersburg: Publishing house. "Peter", 2003.
2. Vasiliev psychology: Textbook. - St. Petersburg: Publishing house. "Peter Com", 1998.
3. Ivanov environment of a modern educational institution // Pedagogy. 2008. No. 10.
4. Sokolov's approach to education. - M., 2005.
5. On the essence of legal consciousness. - M., 2004.
6. Komarov theory of state and law: Textbook. - M.: Publishing house. "Urayt", 2007.
7. Malko state and law: Textbook. - M.: Publishing house. "Lawyer", 2002.
8. Nazarenko states and rights: Textbook. - M.: Publishing house. "Educational book plus", 2006.
9. Nikitin is legal culture? - M.: Publishing house. "Enlightenment", 2004.
10. Lazarev theory of state and law: Textbook. - M., 2000.
11. General theory of state and law. / ed. . - M.: Academy, 2008.
12. A survey on the topic “Legal culture of the population of the Russian Federation: state and development trends” was conducted by the Sociological Center of the Civil Registry of Civil Status. M., 2008.
13. Singing culture and legal education in Russia at the turn of the 20th - 21st centuries / Russian Foundation for Legal Reforms. - M., 2003.
14. Semitic legal culture: mythological and socio-economic origins and prerequisites // State and law. 2006. No. 10.
15. Sitnikov of the legal culture of Russia and the problems of education of legal consciousness in the education system // Education. 2008. No. 12.
16. Sokolov consciousness of lawyers. - M., 2002.
17. Theory of State and Law / ed. And. - M.: “Academy”, 2007.
18. Theory of state and law: Textbook. / Ed. prof. . 2nd ed., revised. and additional - M.: Publishing house. "Unity-DANA", 2007.
19. Theory of state and law: Course of lectures. / Ed. , A, V. Malko. Ed. "Lawyer". M.: "Academy", 2009.
20. Theory of state and law / edited by prof. , etc. , etc. - M.: Publishing house. "Unity-DANA", 2008.
21. Tyulyaeva in modern society // Teaching history and social studies. 2009. No. 10.
Application:
1 A reduced list of tasks is provided due to the reduction in the amount of work
Theory of state and law./ edited by prof. , etc. , etc. - M.: “Unity-DANA”, 2008. P. 305.
2 Nazarenko states and rights: Textbook 2nd edition, expanded and revised. - M.: Publishing house. “Legal Book Plus”, 2006. P.100.
1 Singing culture and legal education in Russia at the turn of the century XX - XXI centuries / Russian Foundation for Legal Reforms. M., 2003.
2 Komarov theory of state and law: Textbook. - M.: Publishing house. Yurait, 2007. pp. 331-332.
3 Semitic legal culture: mythological and socio-economic origins and prerequisites//State and law. 2006. No. 10.
1 Lazarev theory of law and state: Textbook. – M., 2000. P.488.
Law of the Russian Federation “On Education”, Article 2
Sokolov's approach to education. - M., 2005. P.39
LEGAL CULTURE OF STUDENTS IN MODERN CONDITIONS: SOCIOLOGICAL ANALYSIS
UDC 304 (340.115.4)
The problem of legal culture of the individual and society attracts scientists of various specialties. Today it is studied by lawyers, philosophers, sociologists, and cultural experts. This interest is associated with its particular relevance at the present stage. The relevance lies, first of all, in the fact that in the conditions of social transformation of modern Russian society, reform of the education and upbringing system, traditional institutions of socialization and mechanisms of sociocultural continuity, the process of adaptation of young people, their search for socially acceptable and optimal forms of behavior, self-realization and self-affirmation is becoming more complicated. The formation of a legal culture among young people in our country is difficult; asocial manifestations are widespread among young people. The priorities of the state interests and the entire society in relation to student youth have not yet become the education and formation of a citizen, a patriot, a worker who actively participates in state and public life, in the functioning of social institutions on the basis of legal norms and values. The participation of young people in the life of society at the present stage largely depends on the degree of development of their legal culture. The state of instability, transition, and crisis of social development changes the forms and mechanisms of formation of the legal culture of young people, necessitating the study of its features, factors, and contradictions. In addition, without a legal culture formed in an individual, it is impossible to build a rule of law state and civil society in Russia.
Studying the legal culture of students is important from a sociological point of view. The works of domestic and foreign scientists examine legal culture as a whole as a social phenomenon and the legal culture of various social and professional groups, primarily lawyers and penitentiary workers;
V.N. SAVIN
In this case, various theoretical and methodological approaches are used. However, there are clearly not enough works devoted to the sociological study of the legal culture of students. Therefore, this problem requires further theoretical development and empirical research.
Analysis of the state of the legal culture of students is of practical importance for the development of mechanisms and programs for bringing it into line with the requirements of the emerging legal state. Thus, the theoretical lack of development of the problem and its practical significance indicate the relevance of the topic.
Before talking about the features of the legal culture of students, let’s define the concept of “legal culture”. Legal culture can be defined as a special interaction between the individual, society and the state on the basis of shared legal knowledge, norms, and values that ensure its participation in various spheres of social activity, due to the influence of objective and subjective factors.
In our opinion, this definition indicates, firstly, that legal culture is an important cultural phenomenon, since it includes a set of knowledge, skills and abilities that determine patterns of social activity, carried out on the basis of laws passed down from generation to generation. Secondly, it is always a movement, an individual’s striving for certain ideals, the development of the rule of law and civil society. Thirdly, legal culture is the result of the interaction of external predicament (objective factors), which encourages a person to engage in legal activities and internal necessity (subjective factors) - interest, values, needs, attitudes, etc.
Therefore, legal culture can be considered as a special form of social
significant interaction between the individual, society and the state.
Legal culture is a special subsystem of culture. The formation and development of a certain type of legal culture is closely related to existing laws in society, which characterize and determine the behavioral patterns of an individual. In the structure of each social system, there was a system of values, ideals, patterns of behavior, and laws that expressed the quintessence of the existing way of life and regulated the relations between the state, society and the citizen.
Features of legal culture stem from the intensity of interaction of the individual with society, the state and his involvement in public life. At the same time, legal culture acts as a form of awareness of the need to build a rule of law state as a whole and the most important indicator of its development. It is a product of a mature society, in it socio-political experience is consolidated and transmitted, and mechanisms are formed to ensure the expression and coordination of various interests and the adoption of general rules and decisions based on laws adopted in society. The unity of the social and political relations contained in it gives culture a new quality and the ability to influence the functioning of the entire social organism. This finds expression in the formation of a certain type of personality and the reproduction and development of legal qualities. We are talking about developing legal consciousness and forms of legal behavior, social connections and methods of communication that contribute to the strengthening of the entire community.
It is in the legal culture that a single set of fundamental legal values and norms is presented, covering all spheres of society and determining their general civil orientation. Consequently, legal culture is a normative system that regulates and controls the activities of the individual, stimulating social life. Legal culture incorporates a specific legal code based not only on legal provisions, but also on moral standards and a general commitment to social principles and duty. A manifestation of legal normativity
Having defined the concept of “legal culture,” let’s move on to analyzing the specifics of the legal culture of students in modern conditions.
In January-February 2011, we conducted a sociological study at universities in the city of Chelyabinsk. The study involved students studying at technical, social, humanities and law faculties of universities in Chelyabinsk. As part of the study, we conducted a survey of experts on this topic. The use of quantitative and qualitative strategies allowed us to more fully describe the state of the legal culture of students.
As part of the study of legal culture, it is important to analyze the life values of students. The perception of goals, values, norms of legal culture, the degree of their internalization are influenced by individual personal values, their personal life orientations, and life experience. Therefore, during the study, students were asked to rank life values according to their degree of importance.
Life values represent a guideline in the minds of individuals, in accordance with which life activities are structured, including the activities of individuals in the legal sphere.
Our study used a modified version of M. Rokeach’s methodology, aimed at identifying the hierarchy of a person’s life values. Based on the calculated weighted average, the following rating of students' life values was obtained.
This rating gives us an idea that the students surveyed are primarily focused on fairly universal values: health, family and material well-being, career, love. This confirms the general trend for both Russians and foreign citizens, regardless of what socio-professional group they belong to. At the same time, values such as creativity, self-realization, and the desire to benefit people recede into the background. But these values are so necessary for a young man - a future specialist, since without self-realization today it is hardly possible
being successful in life and making a career is what students dream about today. Meanwhile, the study showed that 48.0% of respondents indicated self-realization as a necessary value for a future specialist. In general, the analysis of the research results gives grounds to conclude that the leading place among students is occupied by universal, humanistic values, which dominate in the public consciousness of modern post-industrial society. Some important values of the past era - an active life position and the desire to benefit people - have lost their priority importance and are shifting to the periphery of students’ consciousness (13-14 places).
Having characterized the system of life values of students, we believe it is advisable to move on to an analysis of the state of their legal culture. First of all, let us turn to how respondents understand the phenomenon of legal culture.
Students understand legal culture, first of all, as a culture of interaction based on socially accepted values and norms of behavior. This was indicated by 38.9% of respondents. Some students gave different definitions: 25.8% of respondents believe that legal culture is a complex concept that includes legal knowledge, values, as well as forms of individual behavior; for 16% of respondents, legal culture is associated with certain forms of interaction based on compliance with the laws existing in society; 9.8% of respondents reduced it to the individual’s acceptance of legal knowledge, norms, and values. 5.8% of the students surveyed noted that it is nothing more than legal knowledge, and 7.2% - legal norms. Thus, we see that students invest in understanding professional culture both knowledge, cognitive aspects, and its normative-axiological component.
As we can see, there is no consensus among respondents on the question of what the phenomenon of “legal culture” is. However, one cannot help but rejoice at the fact that the majority of respondents (89.1%) believe that every Russian should have a legal culture. At the same time, only half of the students noted that they have a legal culture (48.9%). And this fact cannot but worry, since
students are the leading part of the youth who will have to build a rule-of-law state in the country. In this we see one of the contradictions in the formation of a legal culture: between the need for its formation and the lack of conditions for this. The students expressed the unanimous opinion that in order to form and improve the level of legal culture in modern Russia, it is necessary to increase the role of higher education, family and the media. All the students we interviewed noted that “society and the state must turn their attention to the formation of a legal culture.”
Our research has shown that among experts there is no unanimous opinion about the essence of the “legal culture” phenomenon. Some believe that it is quite reasonable to talk about the legal culture of an individual as a set of legal knowledge, skills and abilities: “Legal culture includes a person’s deep legal knowledge, laws and the ability to apply them in practice” (A.N., 54 years old, head of department of the ministry); others understand the legal culture of an individual as “... the presence of legal knowledge in a person and his acceptance of legal norms.” (S.I., 66 years old, university rector). The second group of experts tends to give preference to the totality of personality traits that have a legal culture. “We can talk about the legal culture of an individual in the case when he/she has such qualities as honesty, decency, compliance with laws” (A.S., 35 years old, law teacher); “The legal culture of an individual is the personal qualities of a person that help him in any activity. These are qualities such as respect for human rights, respect for the rights of another person, compliance with laws, and tolerance. Legal culture is something that every person should have, regardless of the field in which he works (S.P., 38 years old, law teacher).
Thus, the study showed that ideas about what legal culture is are to a certain extent intuitive, vague, and more likely based on personal experience rather than knowledge. At the same time, all informants are confident that every person, especially a student who is a future specialist, should have a legal culture, and its purpose is to organize and conduct any social
activities based on respect for laws and human rights.
Our analysis of the legal culture of students is based on the approach of L.N. Kogan, according to which three blocks are distinguished in the structure of legal culture: cognitive, behavioral and praxeological. Let us immediately note that a detailed consideration of the praxeological block is not our task.
The cognitive block of legal culture consists of legal knowledge, skills, legal values, and language of communication. Therefore, the first element of the analysis is the legal knowledge, skills and abilities of students studying in higher education.
Our study showed that 72.5% of respondents feel the need for legal knowledge, and both students studying in technical specialties (53.6%) and those studying in social sciences and humanities faculties (38.8) feel the need for knowledge %). Here, as we see, there are quantitative differences. This discrepancy can be explained by the fact that students studying in the humanities and social sciences devote more hours to studying legal disciplines. As for quality indicators (knowledge in certain branches of legal science), students studying at technical faculties, to a greater extent than students at social and humanitarian faculties, feel the need for legal knowledge in the field of consumer protection (67.5%), family relations (up to 40%), housing and communal relations (up to 50.0%), etc., because This is necessary for any Russian.
In our opinion, this is quite understandable. When studying in technical specialties, socio-humanitarian subjects are not taught at all or are given to students in a “truncated form” in comparison with training in humanities faculties. As for students studying jurisprudence, the overwhelming majority (more than 80%) do not experience a need or shortage of legal knowledge, which is understandable - jurisprudence is their future profession.
The study recorded the reasons that caused students' need for legal knowledge. These include: the ability to better defend their rights (72%
respondents); the desire not to be deceived (26.6% of respondents); desire not to break laws (15.0% of respondents); desire to skillfully circumvent laws (9.0% of respondents). The first two reasons are quite reasonable. One cannot help but be concerned by the fact that 9.0% of the students surveyed noted the reason - skillfully circumventing the laws. This also indicates that our state is not legal. This is confirmed by data from an expert survey: “We live in a country where any law can be circumvented. This requires money and knowledge of how to do it. In the absence of a rule of law, it is difficult to talk about the legal culture of students. Students feel it” (A.S., 35 years old, law teacher).
In the study, we were interested in the question of where students should get the legal knowledge they lack and where they get it from. We received the following picture of obtaining legal knowledge.
The study showed that the desired sources of information about legal knowledge are: university, Internet, law enforcement agencies (lawyers), and the media. In practice, the main source of knowledge is the Internet, which does not contribute to improving the legal culture of students. Thus, the study revealed a contradiction between the need to increase the level and quality of legal knowledge by students and the limitation of the state’s ability to do this in organized forms (university, school, law enforcement agencies, courses).
The second element of this block of legal culture is the norms, abilities and skills of applying them in practice. Students were asked to evaluate what they thought the legal norm was. The study showed that for 44.0% of respondents, the legal norm is a rule of individual behavior in society established or sanctioned by the state. 25.3% of respondents noted that a legal norm is compliance with the rules of individual behavior in society; 23.4% - social regulator of individual behavior in society; 15.6% is the cultural norm; 5.7% - a measure of state coercion. As we can see, more than half of the students surveyed do not clearly understand the essence of the legal norm.
When we talk about a legal norm as a social regulator, we must understand that, in addition to law, such a regulator of social relations in society is morality, religion, and politics. In this regard, students identify these concepts. Saying that a legal norm is a cultural norm does not take into account the fact that a cultural norm does not have the status of legitimacy, therefore, it varies in different sociocultural environments, and a legal norm has the status of law, therefore, it is obligatory for everyone. In the study, we were interested in the question of what knowledge of legal norms gives students. Thus, for 81.1% of respondents this is an opportunity to know their rights and skillfully defend them; for 42.4% of respondents - the opportunity to adjust their behavior; for 22.4% - the ability to always comply with the law. 19.5% of students indicated that legal norms are needed to make money in a legal way.
As we see, these positions correctly reveal the functions of legal norms, which was reflected by our respondents. However, the following four positions noted by students cannot but worry (20.9% of respondents - the ability to cause others to have a good attitude towards oneself, 9.6% of respondents - skillfully circumventing the law). They indicate a negative trend in the development of legal culture, which correlates with data on legal knowledge: legal knowledge does not always lead to compliance with legal norms by an individual. Thus, 70.0% of the students surveyed expressed their position that they have always complied and will continue to comply with legal norms under any circumstances; 6.5% of respondents noted
that they no longer always comply with legal norms; and 23.5% of students found it difficult to answer the question about their compliance with legal norms. Perhaps among these students we may see lawbreakers in the future.
Summarizing the analysis of the research data on the legal culture of students, we can draw the following conclusions about its features.
The peculiarities of the legal culture of students include its crisis state, which corresponds to the crisis of the legal system in society and the absence of the rule of law. The study revealed a predominance of negative development trends over positive ones.
It is also necessary to note statistically significant correlations between legal norms and legal knowledge, which characterizes the contradiction between students’ knowledge of legal norms and their application in practice. As a result, there is a tendency to reduce the importance of legal norms for students.
The study made it possible to identify a number of contradictions, first of all, between the declared need for the formation of the legal culture of students on the part of the state and the lack of conditions for its formation. Social institutions designed to form this type of culture: family, school, higher education, law enforcement agencies, the media - do not fulfill their function. One of the contradictions can be considered the contradiction between the “ideal type of personality - the bearer of legal culture”, defined by law, and the “real type”, formed under the influence of the media, the crisis of the culture of society and the absence of the rule of law in general.
Marnosov Vladimir Gennadievich
State educational budgetary institution of secondary vocational education of the Voronezh region "Buturlinovsky Mechanics and Technology College", teacher of legal disciplines.
“Legal culture of college students and problems of its formation”
Abstract: the article analyzes the concept of “legal culture”, its functions, reveals the features and problems of forming a legal culture among students of a professional educational organization. The article contains the tasks and goals of teaching legal disciplines in the aspect under consideration; it analyzes the conditions necessary for the formation of the legal culture of students in a professional educational organization.
The legal culture of a student, a future specialist, is a component of professional culture that determines the legal orientation of an individual in the context of professional activity and reflects all its components: the body of knowledge and skills, thanks to which elementary legal knowledge is objectified in practical actions; a personal and professional position formed on the basis of law, which determines an active, creative attitude towards economic activity; a set of personal and professionally important personality traits that determine the success of a specialist’s professional activity and his self-realization.
It should be noted that in the theory of law, legal culture is understood as the special interaction of an individual with the legislative, executive and judicial authorities based on the internalization of legal knowledge, norms, and values that ensure law-abiding behavior in all spheres of everyday life. (1)
In other words, legal culture is the unity of consciousness and behavior, i.e. legal culture presupposes not just lawful behavior, but socially active behavior of the individual.
Legal culture performs the following functions: human-creative, axiological, normative, transformative, communicative, informational and others.
In modern conditions, the formation and development of the legal culture of students, which is an important subsystem of general culture, is determined by a set of interrelated objective and subjective factors of a socio-economic, socio-cultural nature.(2)
It should be noted that in the light of the problem under consideration, the requirements of federal state educational standards are important, but the main task of a teacher of legal disciplines is to form in future specialists a belief in the absolute value of law, the inadmissibility and impossibility of violating legal regulations.
We emphasize that this task is very complex; a teacher of legal disciplines must strive not only to form appropriate beliefs in students, but also to consolidate their implementation in educational, everyday and practical activities.
In a professional educational organization, increasing the effectiveness of teaching general professional (legal) disciplines can be achieved under the following conditions:
- the focus of teaching on the formation of positively oriented legal consciousness among students;
- reflection in the content of the course of the relevant disciplines of the features of the socio-economic development of society and the requirements of professional activity for the legal preparedness of future specialists;
- application of information computer technologies and the use of methods that allow intensifying the process of cognitive activity of students.
Let us note that the goal of teaching legal disciplines in college as an organization of professional education should be the formation of a positively oriented legal consciousness of future specialists (a system of legal knowledge, abilities, skills and value orientations, legal guidelines regulating the behavior of an individual in legally significant situations). At the same time, knowledge should be directly related not only to the future professional activities of students, but also to everyday life in society, a team, a family, etc.
Accordingly, taking into account the characteristics of the age of students, the conditions of a professional educational organization and modern social problems, we can conclude that the formation of legal consciousness among students should include:
1. formation of a system of knowledge, skills and abilities, including:
- knowledge of the fundamental principles of law and state, the legal status of the individual in society, the rights and obligations of man and citizen established by the constitution;
- knowledge of certain branches of law and legislation that are directly related to the future professional activities of students;
- skills and abilities in the practical application of legal knowledge, knowledge of the norms of procedural legislation, the use of reference legal systems;
2. the formation of value orientations and legal attitudes, including a respectful attitude towards the system of legal norms in force in society, orientation in everyday life and professional activities towards conscious compliance with the requirements of the laws, the desire to implement them, and complete hostility to manifestations of corruption.
In turn, this requires a sufficient number of disciplines of the appropriate focus and a sufficient number of hours allocated to them in the curriculum. Strange as it may seem, this is the first problem of forming the legal consciousness and legal culture of college students. In an educational institution where citizens of the Russian Federation receive a specialty and take their first steps into professional activity, this issue has not been resolved. According to the State Educational Standard of the second generation, all specialties were taught two disciplines of the required focus: “Fundamentals of Law” and “Legal Support of Professional Activities.” In accordance with the Federal State Educational Standard, only one discipline has been established to solve this problem - “Legal support (basics) of professional activity”; the variable part of the Federal State Educational Standard is not involved in this direction. For some specialties, the Federal State Educational Standard does not provide for legal disciplines at all. The solution to the problem is completely transferred to the educational organization and teaching staff.
Since the discipline “Legal Support of Professional Activities” is not a core subject, its teaching must be linked to a cycle of special disciplines so that future specialists can appeal to the law in their professional activities.
The methodology for teaching legal disciplines to students of economics and technical specialties requires that at the beginning of the course the general theoretical provisions of law are formulated in general terms and the meaning for law of such key categories as a legal norm, a system of law, a legal fact, legal relations and their content, responsibility and conditions for its application in various branches of law, etc.
We emphasize that when teaching legal disciplines to students of economics and technical specialties, it is important to show the law as an integral system. Of particular importance are issues of interconnection between branches of law. The main objective of teaching legal disciplines to students of these specialties is to develop skills in applying the law. Alas! Given the problems outlined above, this is almost impossible to do in practice.
Thus, the development of legal culture when training specialists in college involves not only the formation and development of relevant knowledge and skills, but also practical mastery of the content and characteristics of professional activity.
Federal State Educational Standards are practice-oriented standards, but in a college setting this is not the case; it is impossible to consolidate students’ legal work skills in the 8 hours allotted for this (out of 32 hours for the entire discipline).
In the end, it’s sad but true. It is clear that students are legally illiterate and lack the most basic understanding of law and legislation.
The legal culture of an individual is expressed in mastering the basics of legal knowledge, in respect for the law, law, conscious compliance with the rules of law, in understanding social and legal responsibility, in intolerance towards offenses, in the fight against them.
Studying at college is only a stage in a person’s life, but a stage that should be marked by the acquisition of relevant knowledge, skills and abilities. An essential part of them should be the necessary legal knowledge.
The analysis of data from specialized literature and taking into account the problems made it possible to identify a number of conditions necessary for the formation of the legal culture of students in professional educational organizations:
1) future professional activity will allow the specialist to find his place in the labor market and a decent income;
2) the organization of the educational process should provide for a variety of forms and methods of teaching, focused on the development of legal knowledge and skills, carried out in all courses of study;
3) in an educational organization, collective relationships between all subjects of the educational process must be formed within the legal framework, the student must recognize himself as an individual and freely exercise his rights and responsibilities, violation of the rights of students must be excluded.
It should also be noted that the formation of the legal culture of students occurs not only in the process of legal training and education in legal disciplines, but also in the process of mastering professional disciplines. The formation of legal culture is carried out at all stages of a person’s education, starting from secondary school.(3)
We emphasize that, despite the many existing problems, at present the work of the administration of the educational institution, the teaching staff and especially teachers of legal disciplines should be aimed at developing the legal competence of students.
Legal competence is expressed in the presence of a student – a future specialist – not only of knowledge and skills in the field of application of certain rules of law in professional activities, but also in everyday civil life.
A student’s legal competence is a dynamic characteristic that reflects changes in his mastery of relevant competencies. The degree of legal competence, depending on the level of professional education, increases due to the expansion and deepening of the acquired volume of legal knowledge.
The study of the concept of “legal literacy” made it possible to formulate it as follows: this is a set of professionally oriented and civically significant knowledge of state laws, abilities and certain skills to be guided by them in a specific area of work, based on the civic position of the individual. (4)
It is obvious that legal literacy presupposes, first of all, the reasonable behavior of a specialist as a citizen of his country. The professional perspective of the concept contains a specifically oriented aspect of law. Thus, the formation of legal literacy of a future specialist should be the goal of teaching legal disciplines in an educational organization of vocational education. It is legal literacy that should become the basis for the formation of legal competence and legal culture of a specialist with secondary vocational education.
List of sources used and cited
1. Volskaya S.F., Zaitsev A.A. Problems of developing legal literacy of technical university students. Bulletin of MSTU, volume 9, no. 4, 2006.
2. Savin V. N. Legal culture of students in modern conditions: sociological analysis. Ekaterinburg. 2011.
________________________________
1. Savin V. N. Legal culture of students in modern conditions: sociological analysis. Ekaterinburg. 2011. – P. 12.
2. Savin V. N. Legal culture of students in modern conditions: sociological analysis. Ekaterinburg. 2011. – P. 18.
3. Volskaya S.F., Zaitsev A.A. Problems of developing legal literacy of technical university students.
Bulletin of MSTU, volume 9, no. 4, 2006. – P. 591.
4. Volskaya S.F., Zaitsev A.A. Problems of developing legal literacy of technical university students.
Bulletin of MSTU, volume 9, no. 4, 2006. – P. 593.
480 rub. | 150 UAH | $7.5 ", MOUSEOFF, FGCOLOR, "#FFFFCC",BGCOLOR, "#393939");" onMouseOut="return nd();"> Dissertation - 480 RUR, delivery 10 minutes, around the clock, seven days a week and holidays
Tsyganova Tatyana Ivanovna. Pedagogical conditions for the formation of a student’s legal culture: 13.00.01 Tsyganova, Tatyana Ivanovna Pedagogical conditions for the formation of a student’s legal culture (based on the training of an oligophrenopedagogist): dis. ...cand. ped. Sciences: 13.00.01 Saransk, 2006 197 p. RSL OD, 61:07-13/805
Introduction
CHAPTER 1. Theoretical foundations for the formation of a student’s legal culture 15
1.1. Legal culture: essence, content, structure, functions 15
1.2. Model and program for developing a student’s legal culture 43
1.3. Pedagogical conditions for the formation of a student’s legal culture 75
CHAPTER 2. Experimental work on the formation of a student’s legal culture 104
2.1. Study of the level of formation of legal culture of students 104
2.2. Progress and results of the formative experiment 125
2.3. Dynamics of formation of legal culture of students 142
Conclusion
Bibliography
Applications
Introduction to the work
At turning points in the development of society, the problem of preserving its spiritual potential, strengthening the legal consciousness of citizens and educating a law-abiding younger generation capable of perceiving a system of spiritual values, ideals, social and legal norms and life guidelines is extremely acute. A decisive role in this is played by the modern education system, aimed at developing the political, economic and legal culture of the individual, his active social and civic position, human dignity and responsibility for his actions.
Setting these tasks requires a modern teacher to be ready and able to carry out multifaceted professional activities, one of the aspects of which is legal education and personal development.
In a society with disrupted stability, a decline in moral ideals, aggravation of social conflicts, and increasing social maladjustment of citizens, the issues of forming the legal culture of a growing individual are especially acute. They acquire even greater relevance in relation to socially disadvantaged categories of children and adolescents - children With developmental deviations, which, according to L. S. Vygotsky, have a “social dislocation” and violations of the mechanisms of social adaptation.
In this situation, a special role is given to the problem of forming the legal culture of students, who will have to professionally ensure the solution of important government problems. Meanwhile, insufficient attention is paid to the issues of legal education and upbringing in higher education. Traditional methods of teaching at a university, from our point of view, do not allow us to fully solve the problem of forming a high level of legal culture in students. Conducted by us
The study showed that a significant proportion of university graduates are characterized by a low level of legal culture. The imperfection of legal culture inhibits the personal growth of a specialist, prevents the renewal of society, and affects the effectiveness of the process of developing students' citizenship, respect for the laws, and intolerance to any violations of the law.
An analysis of the current state of the problem of the formation of legal culture has made it possible to establish that by now a certain scientific and methodological fund and pedagogical experience have been created, on the basis of which it is possible to conduct a study of the structure, content, functions of legal culture, build a model of its formation, identify pedagogical conditions that optimize the formation process student's legal culture.
When analyzing issues of the formation of legal culture, we inevitably come to a complex of intersecting problems of philosophical, legal, psychological and pedagogical sciences.
The development of theoretical and methodological aspects of legal culture as a specific socially conditioned phenomenon that fulfills an important socialization, humanitarian mission, contributing to the development of an active life position, was carried out by such legal scholars as S.S. Alekseev, V.A. Malakhov, P.M. Rabinovich . E. A. Lukasheva, A. A. Molchanov, A. P. Semitko, V. V. Lazarev, V. P. Salnikov and others.
Many famous scientists spoke and wrote about the role and significance of legal culture for universal human culture and education, such as N. L. Granat, I. F. Ryabko, N. N. Voplenko, A. V. Mitskevich, S. A. Komarov, A. V. Malko, E. S. Markaryan, N. I. Matuzov, A. B. Vengerov and others, who made a great contribution to the study of the “legal culture” phenomenon.
Psychological and pedagogical foundations for the formation of legal
the cultures of the individual and society as a whole are revealed in the works of scientists, teachers
gov and psychologists: K. N. Ventzel, P. F. Lesgafga, I. P. Pavlova,
N. I. Pirogov, D. I. Pisarev, K. D. Ushinsky, P. D. Yurkevich, as well as
in the works of B. G. Ananyev, P. P. Blonsky, L. I. Bozhovich,
O. S. Bogdanova, N. I. Boldyrev, L. S. Vygotsky, N. K. Goncharov,
G. P. Davydova, V. I. Zhuravleva, I. F. Isaeva, I. S. Kona,
A. S. Makarenko, V. P. Simonova, V. A. Slastenina, V. G. Stepanova,
V. A. Sukhomlinsky, S. T. Shatsky, P. M. Yakobson and others.
The problems of improving the professional, scientific, theoretical and practical training of students are among the most pressing in world and domestic higher education. The relevance of the cultural aspects of the comprehensive training of a modern specialist is determined by the increased objective requirements for the qualitative characteristics of a specialist’s personality and activities, which creates the need for an adequate policy for the development of higher education. In this context, it is necessary to rethink the content of legal education and upbringing of students, develop and implement the concept of forming their legal culture.
An analysis of the theory and practice of higher professional education leads to the conclusion that currently, contradictions between: a) the increasing amount of legal knowledge required by future specialists for effective activities in various spheres of socio-economic life and the real legal training of higher school graduates called upon to carry out these activities; b) innovative processes in public life and the unpreparedness of the university for the development of the most important components of legal culture - the legal consciousness of university students; c) the need of society for the legal preparation of each individual for life in new economic conditions and, accordingly, in the new system of business and international
personal relationships and the absence in the system of higher professional education of targeted work on the formation of the legal culture of university students; d) an objectively existing need for the formation of a student’s legal culture and insufficient awareness of this need at all levels of the education system (ministry, university, school, teacher, parents, students).
The contradictions that have arisen in practice, the high social significance of the issues of forming a student’s legal culture, the continuously growing needs of society for specialists with a developed legal culture, insufficient theoretical and methodological development determined the choice of the research topic, the problem of which is formulated as follows: what are the pedagogical conditions for the effective formation of a student’s legal culture ?
Solving this problem is the goal of the study.
The object of the study is the legal culture of a student - an oligophrenopaedagogue.
The subject of the study is the process of formation of the legal culture of a student - an oligophrenic teacher.
The progress of the study was determined by the following working hypothesis: the process of forming a student’s legal culture in the system of higher professional non-legal education will be effective if:
the essence, content and structure of the legal culture of the student’s personality has been clarified;
the content of legal education for students of non-law universities has been determined;
the model for the formation of a student’s legal culture is theoretically substantiated and experimentally confirmed;
the basis of the technology for forming a student’s legal culture will be problematic legal situations that actualize the manifestation of legal functions in their future professional activities;
the readiness of students to apply legal norms as a means of solving professional problems has been formed;
a set of pedagogical conditions has been implemented that optimize the process of forming a student’s legal culture.
To achieve the goal and test the hypothesis, the following tasks were solved:
to clarify the essence, content, structure, criteria and levels of formation of the student’s legal culture;
develop a model for the formation of the legal culture of students, determine a program for diagnostic study of the level of formation of the legal culture of students;
To identify and experimentally substantiate pedagogical conditions that ensure the effectiveness of the formation of students’ legal culture;
Based on the results of the study, develop a practical
tical recommendations for the formation of a student’s legal culture.
The theoretical and methodological basis of the study are:
the main conclusions and provisions of legal science, philosophy, pedagogy, sociology, psychology on the formation of the legal culture of society, legal education, as well as regulatory legal acts on the issue;
philosophical provisions on the leading role of activity in the formation of personality; about the value approach to understanding culture and the dialectical relationship between culture and activity (K. A. Abulkhanova-Slavskaya, V. S. Davidovich, L. A. Zelenov, M. S. Kagan, V. A. Kaidalov);
a culturological approach that allows us to consider legal culture as one of the components of culture and civilization (culturological concepts of the 20th century: O. Spengler, P. A. Sorokin, A. K. Adamov, A. A. Guseinov, P. S. Gurevich, etc. );
basic concepts of the general theory of law, multidimensional analysis of moral and legal phenomena and their influence on the legal consciousness of citizens (A. I. Dolgova, I. Ya. Duryagin, V. N. Kudryavtsev, G. A. Kuznetsov, E. A. Lukasheva, A. E. Taras and others);
provisions on the individual and creative nature of pedagogical activity (V.I. Zagvyazinsky, N.V. Kuzmina, N.D. Nikandrov, L.S. Podymova, V.A. Slastenin, etc.);
provisions on a systematic approach in psychological and pedagogical research and educational activities (V. P. Bespalko, V. I. Zhuravlev, N. D. Nikandrov, P. I. Pidkasisty, V. P. Simonov, V. A. Slastenin
Concept of education for human rights and a culture of peace
(A. L. Azarov, T. V. Bolotina, M. V. Kabatchenko, A. F. Nikitin,
E. S. Sokolova, Z. K. Schneckendorf, etc.).
To solve the tasks and check the starting points, a complex was used in the work methods research including:
methods of theoretical research - analysis of philosophical, sociological, psychological, legal and pedagogical literature; method of ascent from the abstract to the concrete, synthesis of empirical material, logical-historical approach in the analysis of phenomena, qualitative and quantitative approaches, personal-activity approach;
at the empirical level of legal knowledge, when analyzing new models of legal education and their influence on the formation of legal culture, formal logical and comparative legal methods were used as research methods;
methods of experimental research - study and generalization of teaching experience, observation, various types of surveys and assessments, ascertaining and formative experiments, methods of mathematical statistics.
The study was carried out in three interconnected stages.
At the first stage(1999-2001) literary sources were analyzed, the object, subject, scientific apparatus and research base were determined, a theoretical analysis of the problems of legal education and upbringing in the system of lifelong education (school, university) was carried out, the content of the concepts “legal culture”, “legal consciousness”, “legal education”, etc.; a program and methodology for empirical testing of the hypothesis are outlined; a base of experimental work has been created: pilot and test variants of the experiment have been carried out.
Second phase(2001-2004) was the main stage of the study, during which the methodological positions were clarified, a model of training and education was theoretically substantiated and built, ensuring the formation of the legal culture of students: an experimental test of the model was carried out.
Third stage(2004-2006) was aimed at testing the effectiveness of factors for optimal functioning and development of the model. The analysis, systematization and generalization of the research results were carried out, the main theoretical conclusions and practical recommendations were formulated, the literary and graphic design of the dissertation research was completed.
Experimental base The study was compiled by the Faculty of Correctional Pedagogy of the State Educational Institution of Higher Professional Education “Mordovian State Pedagogical Institute named after. M.E. Evseviev."
The most significant results obtained by the researcher, their scientific novelty and theoretical significance:
the actual pedagogical aspect of the formation of a student’s legal culture is determined;
the essence of the legal culture of the personality of a student at a non-law university is revealed in the unity of its intellectual, motivational and regulatory characteristics;
the criteria and levels of the student’s formed legal culture are identified;
a model for the formation of legal culture of students was built;
the content of legal education and legal training aimed at developing the legal culture of students has been determined;
Pedagogical conditions have been identified and experimentally substantiated to ensure the effective formation of students' legal culture.
Practical significance of the study is determined by the fact that the theoretical provisions, conclusions and scientific and practical recommendations contained in it make it possible to comprehend and effectively implement the process of forming the student’s legal culture. Course programs have been developed (“Regulatory and legal foundations of special education”, “Social and legal protection of children With limited capabilities"), aimed at developing the legal culture of a student-oligophrenopedagogist; methods, forms, means of forming the phenomenon under study, a system of diagnostic procedures that allow monitoring the success of its formation have been determined.
Provisions for defense:
1. The legal culture of a student as a multidimensional, systemic and dynamic personal education is a set of legal knowledge, attitudes towards law as a value and lawful behavior; as a social pedagogical phenomenon, we consider it as a measure and method of creative socialization of the individual in the legal regulation of his future profession. nal activity. It synthesizes the unity of legal thinking, legal consciousness and specific forms of behavior of subjects of legal relations; these skills and abilities of the individual to competently solve problems of practical behavior in the legal sphere, turn to the rules of law and law to implement the problems facing the average, resolve conflicts and disputes .
2. The student’s legal culture, being an integrative component
human culture, is a holistic personal formation,
characterized by:
the constant desire of the individual to expand legal knowledge that is of socially significant value to him:
conviction of the need to carry out professional activities in strict accordance with the law;
manifestation of stable feelings of responsibility and involvement in subjects of law, confidence and self-sufficiency in defending and using subjective rights;
the need for legal self-improvement, the desire to perceive legal guidelines and their practical implementation in specific actions.
3. The structure of the student’s legal culture consists of the following
components:
cognitive (intellectual) - ensures the formation of the intellectual sphere, ideas about the images of the personal, moral, legal and professional “I”;
motivational and value - presupposes the formation of humanistic life attitudes, the need for legal self-improvement and moral and value motivation in the process of mastering legal knowledge; forms an attitude towards the law as a value that is beyond competition in a democratic society;
regulatory-activity - is a “driving force”, directs the individual’s activities towards the creative development of the individual by stimulating his professional activity.
4. Structural and functional model of the formation of a legal culture
student's tour includes goals, essence, composition, structure and
characteristics of the interaction of legal culture components in the system
legal education, upbringing and legal activity, which ensures
It involves the individual’s assimilation of the legal experience accumulated in society, the formation of value orientations, and the development of the characterological qualities of the individual. Only in the complex process of interconnection and interaction of these blocks can a specialist with a high level of legal culture be formed.
The technology for forming a student’s legal culture is represented by a consistent system of interconnected actions of teachers and students based on instrumental and didactic means. The teacher’s activities include monitoring the state of students’ legal culture; analysis and selection of the content of legal material, organization of a holistic educational process using active forms and methods, training students in methods of analyzing dynamically changing legislative acts.
The state of formation of the legal culture of the student’s personality is determined using selected criteria (the degree of legal awareness and legal consciousness; the degree of formation of the attitude towards the law as a value; the degree of formation of legal skills, skills of lawful behavior, socio-legal activity of the student’s personality) and levels (high, medium, short).
The formation of a student’s legal culture is ensured by observing a set of the following pedagogical conditions: creating the quality of the surrounding legal environment, which acts as a powerful determining factor in the legal education of the subject; development and implementation of a structural-functional model for the formation of a student’s legal culture; staffing of the educational process at the university, special scientific and methodological training of teachers; the focus of the process of professional education on the formation of a legal culture throughout the entire period of professional training of students; organization of subject-subject interaction in
student-teacher system; continuous improvement of the content, forms and methods of legal education and upbringing.
Validity and reliability the results of the study are provided by the initial methodological positions associated with angro-logical, axiological and cultural approaches to solving the problem posed; based on the theory of pedagogy and psychology, on the analysis of university practice; using a set of research methods that are adequate to its object, goals, objectives and logic; quantitative and qualitative analysis, representativeness and comparability of experimental data with mass practice.
Testing and implementation of research results. The main ideas and results of the study were presented and received approval at all-Russian (Saransk, 2005), interregional (Ryazan, 2005), interuniversity (Saransk, 2000, Ryazan, 2005) conferences, as well as at the annual Evsevyev readings MGPI (since 1999). The main ideas of the study were introduced into the educational process of the Mordovian State Pedagogical Institute named after. M.E. Evseviev.
Structure of the dissertation. The work consists of an introduction, two chapters, a conclusion, a list of references and applications.
In the introduction the relevance, problem, goal, object, subject, tasks, hypothesis, methodology and methods of research, as well as its scientific novelty, theoretical and practical significance are substantiated, the main provisions submitted for defense are formulated.
In the first chapter- “Theoretical foundations for the formation of a student’s legal culture” - an analysis of the phenomenon of legal culture in philosophy, legal theory, and in the theory and practice of pedagogy was carried out; the main approaches to defining legal culture are given; the conceptual apparatus is defined; the structure, content, functions of legal culture are considered; evaluation criteria, a functional model for the formation of a student’s legal culture have been developed, starting positions in the modeling have been determined
dynamics of the process of its formation in the system of higher non-legal education; the pedagogical conditions ensuring the formation of the student’s legal culture are identified and justified.
In the second chapter- “Experimental work on the formation of a student’s legal culture” - sets out the general concept of the practical part of the study; issues of organizing the control and formative stages of the pedagogical experiment are covered in detail, its design, objectives and content are presented; a component-by-component analysis of the process of forming a student’s legal culture is carried out; the pedagogical conditions ensuring its effectiveness are revealed.
In custody The results of theoretical and experimental research are summarized.
The appendices present materials from the experimental research.
Legal culture: essence, content, structure, functions
Legal culture is part of the culture of society. It mediates all the main spheres of the legal life of society: legislation, lawmaking, legal implementation, the rights and freedoms of citizens, the mechanism of the state, the principles and methods of its activities, legal consciousness in all its types and levels and, thus, is an important criterion for the quality of the legal life of society, which can be expressed by the concept of legal culture. This is the level and degree of progressive legal achievements embodied in human activity and its results.
Legal culture determines the measure of legal civility of the state and society, their legal progress. This is an indicator of the height of the legal consciousness of society; it characterizes the most important cultural and legal values, which serve as a kind of “pass” to the family of civilized peoples of the world.
The state of the legal culture of any state is an important indicator of the degree of maturity of a specific historical legal system.
The level of legal culture reflects the historical development of the country and people. Therefore, each country has its own level, it combines the norms of yesterday and today, and at the same time lays the foundation for the future of legal development. This fully applies to modern Russia. Its legal system, like a mirror, reflects the level of progressive legal development of society achieved at the turn of centuries and millennia.
Today Russia is in a radically new socio-economic, spiritual, moral and geopolitical situation, which requires a new understanding of the initial principles of our legal structure. As rightly noted by Doctor of Philosophy A.L. Dobrokhotov: “...if we consider the history of culture as a change of certain paradigms, then it is obvious that in each era there were some common paradigms, matrices for all knowledge; in the Middle Ages this role was played by religion, in modern times by science. Obviously, a paradigm shift is underway. I would dare to suggest that in the next future cycle, cultural actions will be based on an ethical-legal matrix. There is a special dimension where there is a world in which the formation of both man and the culture around him takes place not according to the laws of physics, not according to the laws of thinking, not according to the laws of tradition, but according to the laws of the postulation of certain moral principles. On this basis, I believe, the world, civilization, and era should be built.” According to N.N. Voplenko Russia needs a quick and decisive breakthrough into the legal cultural space; it needs a kind of assimilation of national and world achievements in the field of law. Hence the deserved attention to this problem.
People's ideas about legal culture are as diverse and complex as general ideas about what culture is in general and how to understand it when considering the various manifestations of this phenomenon in real life.
The concept of culture is a complex, multifaceted and very unique phenomenon. The word culture comes from the Latin “cultura” and means cultivating the soil, cultivating it, i.e. change in a natural object under human influence, as opposed to those changes caused by natural causes. . The word “culture”, which emerged in antiquity, has undergone many conceptual rethinkings. In the original meaning - cultivation, guardianship, care, first in relation to the land, objects, then to human souls. Over time, the concept also includes a set of skills and abilities that have been formed in society for a chosen purpose; finally, it acquires the meaning of the highest result of human activity. Gradually, its leading meaning becomes to cultivate, care for, protect people and society, and shape the moral character of the individual.
In Russia, this term, first discovered in N. Kirillov’s “Pocket Dictionary of Foreign Words” in 1846, characterized activities to awaken dormant forces in a person. Culture is a specific human way of being and activity that goes beyond the framework of purely natural existence, the totality of all the achievements of people in their material, social and spiritual life, the most rational, aesthetically acceptable and morally worthy way of acting to obtain any results. Culture is based on reason, speech, creativity, moral and religious ideas and their consequences - knowledge, practical life and communication. It is not created alone - it is the fruit of the creative efforts of many people and the connection of generations. There are cultures of different historical eras, socio-economic formations, labor culture, artistic culture, political culture, etc.
L.N. Kogan defines culture as the measure and method of realizing the essential forces of a person in his social activities. . Such well-known domestic cultural theorists as V. Vernadsky, N. Berdyaev, I. Ilyin, V. Rozanov consider culture as a set of real circumstances, phenomena, objects, lifestyles and activities that distinguish a person from the natural environment; this is all that is created by the hands and thought of man (the creation of human hands). The most general concept of “culture” means the totality of material and spiritual values created and being created by people, the totality of all types of transformative activities for the production of these values, characterizing the level of development of society.
An analysis of the definitions of culture existing in the scientific literature allows us to combine them into four main groups, reflecting certain specifics in the approach to understanding its social role, nature and content.
The first group consists of definitions in which culture is considered as a set of integral subject characteristics that are organic to it. The second group of definitions focuses on the ability of culture to produce, distribute and consume spiritual values. In this group, the main factor is human social activity (Arnoldov A.I., Zlobin N.S., Iovchuk M.T., Kogan L.N., Mezhuev V.M., Zelinsky N.E., Popov V.D. ., Chichkanov V.P., etc.). The third, the so-called technological group of definitions, explains culture as a system of ways and means, techniques, procedures and norms of human activity (Davidovich V.E., Zhdanov Yu.A., Markaryan E.S., etc.). Finally, in the fourth group, recently F.M. Burlatsky and A.A. Galkin focus primarily on the socio-historical aspect. This group of definitions can be designated as “socio-historical”. This is the briefest description of the definitions of culture most often found in domestic scientific literature on socio-legal issues.
It can be argued that in its most general form, this concept exists in broader and narrower interpretations. In the broadest sense, culture is understood as everything that is created by people in the process of physical and mental labor to satisfy their various material and spiritual needs (and that can be contrasted with natural phenomena that exist independently of humans). In this context, this concept is used to characterize entire historical eras, not to mention specific societies. In a narrower sense, culture is the ideological and moral state of society, determined by the material conditions of its life and expressed in its way of life, ideology, education and upbringing, in the achievements of science, literature, and art. Culture is everything that a person has created outside of himself and within himself.
Model and program for developing a student’s legal culture
The formation of a person’s legal culture as a scientific problem has several approaches: general philosophical, revealing the general patterns of the formation of a person’s culture, its essence and manifestations;
Private scientific, describing on the basis of private scientific theories (pedagogy, didactics, psychology, theory of state and law, ethics, etc.) the features of the formation of personal culture;
Socio-psychological and concrete sociological, revealing the social functions, conditions and mechanisms of action of the individual’s culture in public life.
Each of these approaches poses and solves specific problems and is studied by means of a specific social science.
A productive solution to the problems of forming the culture of students is possible on the basis of an analysis of the experience of educational and organizational work, generalization of the conclusions of theoretical and sociological research at the intersection of higher education pedagogy, personality theory and culture. A solid theoretical and practical basis for solving pressing problems of forming culture and improving the quality of training of specialists was created by the works of Yu.P. Azarova, SI. Arkhangelsky, A.A. Verbitsky, I.F. Isaev, V.A. Slastenina, M.I. Dyachenko, E.F. Sulimova, E.A. Yakuba and others. In a number of dissertation studies, scientific-methodological and psychological-pedagogical foundations for the formation of the legal culture of youth have been developed (T.V. Budilina, E.A. Zorchenko, V.V. Golovchenko, V.N. Parshin, E.Z. Genishe, Parshin, E.Z. Genisher, V.V. Bondurovsky, S.V. Nazhnova, etc.).
At the same time, analyzing the current practice in the system of higher professional non-legal education, we can conclude that, despite understanding the importance of the problem under consideration, the technology of the formation process, the study of the formation of the legal culture of students of non-legal specialties are not sufficiently developed.
In our work, we made an attempt to analyze and summarize existing research on this topic and offer our vision of the problem of the process of forming the legal culture of students.
Higher school prepares specialists for a variety of creative activities: professional, socio-political and socio-cultural; it lays not just specific knowledge of a certain range and volume, but the foundation of social initiative, the ability to work with and for people. By creating the cultural potential of a future specialist, it determines the way of his life and social existence. The culture of students, including the legal one, is formed by the entire system, image and style of life, while simultaneously influencing their development.
The National Doctrine of Education and the Concept of modernization of Russian education for the period until 2010 put forward strategic goals and objectives of education, closely linked to the problems of the development of Russian society. This is, first of all: strengthening a democratic legal state and the development of civil society; staffing a developing market economy with high competitiveness; education of citizens of a legal democratic state capable of socialization in a civil society, respecting the rights and freedoms of the individual, possessing a developed moral, legal and political culture, as well as training highly qualified specialists capable of professional growth and professional mobility in the conditions of informatization of society and the development of new knowledge-intensive technologies technologies According to V.P. Salnikov, legal culture should be considered as one of the most important components determining the progressive development of social relations as a special social phenomenon, manifested in the qualitative legal state of society and the individual.
Legal culture is built on stereotypes of consciousness and legal behavior inherent in a given particular social community. Legal stereotypes are formed in the mass consciousness in the process of historical development of society. Unstable political balance, in particular a large number of subjects, bearers of completely different ideological attitudes, does not allow us to generally develop a unified concept for the formation of a stable legal culture in society, an optimally high level of legal knowledge of citizens, and stable legal behavior. It should be noted that it is impossible to quickly and painlessly move from a society where too little space was allocated to law and legal culture, to a society where law would occupy its due place and citizens would have a high legal culture. The formation of a legal culture is a complex and lengthy process: this includes increasing the level of legal awareness, legal activity, legal knowledge of citizens, and increasing the efficiency of law enforcement, and carrying out judicial reform, and improving the culture of law enforcement and law-making, as well as the quality of legislation. Legal culture is formed by the systematic, purposeful educational and educational activities of the state and depends primarily on the level of development of the legal consciousness of citizens, on how deeply they understand the basic legal values.
V.P. Salnikov distinguishes ordinary, professional (special) and theoretical levels of legal culture.
The ordinary level is limited to the everyday framework of people's lives when they come into contact with legal phenomena. The specificity of ordinary legal culture is such that it manifests itself at the stage of common sense, is actively used by people in their everyday lives while complying with legal obligations, using subjective rights, and represents a huge array of lawful behavior.
Study of the level of formation of students' legal culture
The purpose of the experimental work was to test the effectiveness of the complex of pedagogical conditions for the formation of the legal culture of students. In accordance with the general plan, the following tasks were solved in the experimental part of the study: 1) develop and experimentally test a methodology for diagnostic study of the level of formation of students’ legal culture; 2) experimentally test the criteria, indicators and levels of formation of the legal culture of students; 3) explore the initial level of formation of students’ legal culture; 4) implement a set of selected pedagogical conditions in the experimental group, check their effectiveness in the process of forming the legal culture of students; 5) check the functioning of the model for the formation of the legal culture of students.
The search for the main pedagogical conditions for the formation of the legal culture of students was carried out within the framework of the problem-activity concept of teaching. In accordance with the structure of our proposed model for the formation of the legal culture of students, a pedagogical research methodology was selected, which is a complex of theoretical and empirical methods, the combination of which makes it possible to comprehensively, with the greatest reliability, study the problem under study - the formation of the legal culture of students in the system of higher professional non-legal education.
When using pedagogical research methods to solve specific problems, we were guided by the basic principles of choosing these methods: this is the principle of a set of research methods, meaning that not one, but several methods are used to solve any scientific problem; the principle of adequacy of the method to the essence of the subject being studied and to the specific result that should be obtained. In accordance with the purpose, objectives and program of experimental work, a system of interrelated and complementary methods of pedagogical research was applied.
In the system of research methods, we consider the main method for diagnosing legal culture to be a psychological and pedagogical experiment, which allows us to most fully explore the patterns of development and formation of the legal culture of students in the conditions of training and education. According to the definition of V.A. Slastenin, a pedagogical experiment is “research activity with the aim of studying cause-and-effect relationships in pedagogical phenomena, which involves experimental modeling of a pedagogical phenomenon and the conditions for its occurrence; active influence of the researcher on the pedagogical phenomenon; measuring the results of pedagogical influence and interaction." The pedagogical experiment was carried out in natural (ordinary) conditions of the educational process of the university, both ascertaining, establishing the real state of affairs in the process of forming the legal culture of students, and formative (teaching, educating), in which the process of training, education and formation was carried out with the introduction of a new factor , namely the creation of pedagogical conditions for the formation of the legal culture of students, determined the effectiveness of their application.
270 people were covered in various forms of the study. The contingent of subjects consisted of students of the Mordovian State Pedagogical Institute named after M.E. Evseviev - Faculty of Correctional Pedagogy. All studies were conducted in the conditions of one university. This made it possible to stabilize the main components of the educational process, weaken the influence of unaccounted factors that could affect the reliability of the data obtained, and also achieve maximum purity of the experiment.
The experimental work methodology included other methods of pedagogical research. Thus, the use of the method of pedagogical observation, which was carried out during personal conduct of classes on legal training of students as part of a special course, made it possible to carry out “living contemplation” of various elements of the legal culture of students, to establish connections and dependencies of this pedagogical process, to comprehend them and make changes to the existing practice. The well-known limitations of the observation method made it possible to detect only external manifestations of pedagogical facts, while internal processes remained inaccessible to the observer. The shortcomings of this method were compensated to a certain extent by other methods of pedagogical research, such as survey methods: conversation, interview, questionnaire, testing.
Conversation, as a fairly dynamic and flexible method of dialogue between the researcher and the subjects according to a pre-developed program, was used by us in order to obtain the information necessary for the study on the problem of forming the legal culture of students. In total, about 180 individual interviews were conducted. During the interviews, we clarified what students understand by legal culture, what role it plays in society and directly in their future professional activities, identified students’ readiness to master the level of legal culture necessary for the implementation of their professional plans, students’ self-assessment of their legal knowledge, attitudes towards law, legal activity, legality of behavior. We also used the interviewing method as a type of conversation. Most often, individual interviews were conducted with teachers directly involved in the process of forming the legal culture of students.
Progress and results of the formative experiment
Students in the control group (46 people) studied according to standard programs and traditional methods. At the same time, the formation of the legal culture of students was not a purposeful process and was an “indirect product” in the formation of legal knowledge, skills and habits of lawful behavior within the framework of basic disciplines. In the experimental group (42 people), students had a purposeful development of the basic components of legal culture and their integration through the implementation of the psychological and pedagogical conditions we had previously defined. Experimental training was carried out within the framework of the hours allocated for studying the courses “Regulatory and legal foundations of special education” and “Socio-legal protection of children with disabilities.
The specific features of the classes during the experimental training were: - creation of an atmosphere of cooperation with maximum emancipation of students during the classes themselves; - individual approach when performing tasks; - creative nature of activity; - conditional reproduction of the legal aspect of professional activity. The methodological organization of training sessions was subject to the solution of the following tasks: - modeling of legal reality; - development of legal thinking; - development of practical legal skills and abilities; - development of the ability to creatively solve a particular legal situation; - development of desire to carry out legal activities.
The system of methods we selected for training was based on an activity approach. According to the fair remark of E.G. Yudin, “in modern knowledge, especially in the humanities, the concept of activity plays a key, methodologically central role.” Therefore, during the experiment, when choosing methods for teaching students from the position of the activity approach, we were guided by such characteristics as purposefulness, preliminary thought, awareness, structure, impersonality and effectiveness. In our system of methods, the leading method was the method of organizing the activity, and the activity itself was considered as a prerequisite for the natural self-development of the student’s personality and a means of organizing the pedagogical process. The main activity of students is study; therefore, properly organized educational activities of students ultimately determine the quality of training of a future specialist.
When selecting teaching methods for the formative experiment, we proceeded from the fact that none of the teaching methods is universal, therefore effective results in training can only be achieved by using a variety of methods, applying them in combination to simultaneously influence consciousness, activity and behavior , and on her motives, interests, needs.
Without diminishing the importance of traditional methods, in our experimental work in accordance with the designated levels of formation of legal culture, we assigned a special role to methods of an active nature, as the most effective, in our opinion, allowing a deeper assimilation of legal material, mastering legal thinking, developing creative abilities, and better orientation in the legal aspects of future professional activity. We included these:
1. Analysis and modeling of specific legal situations (problem seminars); 2. Thematic discussion (round table method, debate); 3. Method of lawmaking; 4. “Brainstorming”; 5. Individual workshop; 6. Games: educational, professional-didactic, role-playing.
Problem-based learning is based on the laws of creative cognition, modeling a problem situation in professional or educational activities. According to its internal logic, problem-based learning is methodological in nature and requires serious methodological training for both the teacher and the student. Problem-based learning stimulates students' dialectical thinking, develops the ability to problematize everything related to the subject of the future specialist's activity, facilitating their vision of areas of activity at the intersection of sciences and industries. We believe that the ideas and methods of problem-based learning (T.V. Kudryavtseva, M.M. Levina, I.Ya. Lerner, M.I. Makhmutov, M.N. Skatkin, etc.) have great potential for developing the foundations legal thinking as a type of professional thinking of future specialists.
In our experimental study, a special place was occupied by the method of analyzing specific problematic situations of a legal nature, the essence of which was that the teacher artificially created problematic situations in the educational process, borrowed from professional practice. Students were required to analyze them deeply and make the optimal decision in relation to specific conditions. In our teaching, this method performed various functions: it served as a tool for research, study, evaluation and decision selection. The advantage of the method, in our opinion, is that in the process of applying it, students acted by analogy with real practice. This method contributed to the fullest use of the students’ mental capabilities, developed their creative abilities, and allowed them to discover new ones.
The problem situation was most effective at seminar classes in the discipline “Socio-legal protection of children with disabilities.” A variety of forms of problem-based seminar classes - conversation, discussion of reports, free discussion, problem solving, discussion of scientific literature, abstracts, theoretical conference, problem analysis of current articles - all this, to one degree or another, contributed to the formation of the main structural components of the legal culture of future specialists: intellectual , motivational-value, regulatory.
For example, in the topic “The Concept of the State,” the teacher recommended that students analyze various theories about the essence of the state (the theory of elites, technocratic theory, the theory of pluralistic democracy, etc.), choose the most convincing one from all and justify their point of view. At the seminar session on the topic “Rules of Law”, different approaches to the structure of a legal norm (three-element or two-element) were compared, and based on the chosen position, an analysis of the structure of a specific norm was given. Students were also asked to analyze the structure of the same norm from different points of view.
These are just a few examples of analysis and modeling of a problem situation. But even from them it is clear that a problematic situation encourages creative search, includes discussion, which is also considered as one of the methods for activating mental activity, developing the ability to argue, prove, and listen to the opinions of others.
We used thematic discussion in various classes - lectures, seminars, giving them a dialogical form. As our research has shown, this method is especially necessary when the material being studied is not indisputably perceived by all students, when it makes sense to show the versatility of the approach to the same issue.
To summarize, let's say that, firstly, one should not turn any theoretical concept into a model of practical behavior, one should not equate aesthetics with poetics. Secondly, the metaphorization of the educational process is becoming so obvious that it would be absurd to deny new trends that erode the existing structures, but provide the opportunity for the successful development of the humanities. Thirdly, we have to admit that a modern student is more informed than the student his teacher once was, so it is difficult to surprise him with something; rather, he needs to be taught how
correctly manage the information received, immersing it in the continuum of the text. Fourthly, you need to get used to the idea of the symbolism of existence around the individual and within him. Fifthly, there is an urgent need to reconsider personnel serving for the benefit of higher education. XXI century What is needed is not a performer, not a dictator, not a mass entertainer, but a thoughtful professional, open to dialogue and capable of realizing that he is wrong.
NOTES
1 The latest philosophical dictionary / comp. A. A. Gritsaiov. Minsk, 1998. P. 24.
")cp W. Joyce's Poetics / W. Eco; translated from the Italian by A. Koval. St. Petersburg, 2003. P. 311.
Received 12/08/05.
FORMATION OF LEGAL CULTURE IN THE SYSTEM OF PROFESSIONAL TRAINING OF STUDENTS
G. I. Aksenova, Head of the Department of General Psychology, Academy of the Federal Penitentiary Service
Russia, professor,
T. I. Tsyganova, teacher of the Department of Speech Therapy and Medical Fundamentals of Defectology, Moscow State Pedagogical Institute named after. M. E. Evsevieva
The article is devoted to the problem of forming a legal culture among students of a non-law university. The role of legal culture in the system of professional training is determined. A number of problems in the process of its practical formation among students have been identified, and the main ways to solve them have been outlined.
The question of the legal culture of a student’s personality today acquires not only academic, but also practical significance. Legal culture in a practical aspect is necessary for the future specialist so that he knows his rights and obligations well, and legally competently solves the problems of professional behavior. Legal education, the formation of the legal culture of students and future specialists, is developing into an important state task.
In the professional training of students, it is becoming increasingly obvious that expanding the scope of activity of future specialists requires an adequate change in educational
process, so that every graduate of a non-law university has the necessary legal knowledge and elements of legal culture, primarily those that would contribute to the effective communication of a specialist with various public institutions, and primarily with the state. In parallel with this, it is necessary to conduct special training aimed at developing value systems regarding law as a phenomenon, which will contribute to the further improvement of the professional activity of a specialist.
New organizational and legal forms of economic entities, the legislative basis for their relationships, about
<ЭХ. И. Аксенова, Т. И. Цыганова, 2006
carrying property, the procedure for considering disputes and claims, protecting consumer rights - all these issues of today require a qualitatively new level of legal culture of students. However, the traditional methodology of teaching law does not allow us to fully solve the problem of developing a high level of legal culture among university graduates.
An analysis of the theory and practice of higher professional education leads to the conclusion that currently contradictions between:
The increasing volume of legal knowledge required by future specialists for effective activities in various spheres of socio-economic life, and the real legal training of graduates called upon to carry out these activities;
Innovative processes in public life and the unpreparedness of universities to develop among students the most important component of legal culture - legal consciousness;
Democratic legislation and low level of legal awareness;
The need of society for the legal preparation of each individual for life in new economic conditions and, accordingly, in a new system of business and interpersonal relations and the absence in the system of higher professional education of targeted work on the formation of the legal culture of students;
The objectively existing need for the formation of a legal culture among students and the insufficient awareness of this need at all levels of the education system.
It is obvious that an objective need has arisen to make significant adjustments to the system of higher professional education. The traditional system of training specialists, having significant inertia, turned out to be inadequate for those emerging in
country's economic relations, requiring significantly greater dynamism and flexibility. Very often, university graduates do not have a sufficient level of legal thinking; legal knowledge is of a purely theoretical nature, divorced from reality. This leads to inertia in the thinking of graduates and makes it difficult for them to model non-standard ways of professional activity.
A study of the current practice in the system of higher professional non-legal education allows us to conclude that the issues of the formed legal culture of students of non-legal specialties are not sufficiently developed.
To fill the gaps in this area, we have developed a model for the formation of a student’s legal culture (figure). The main components of the model are the goal, essence, structure, interdependence of the components: cognitive, motivational-value and regulatory-activity.
The model is a descriptive analogue of the process of forming the legal culture of students and displays formalized and analytical structures of its most important components, and is predictive in nature. All its components exist in interconnection and unity. The degree of their relationship increases with the development of the individual and his ascent through the levels of the vocational education system. Each of the components of the model, having its own function, specific content and methodological features, is designed to solve a certain part of the general pedagogical task of forming the legal culture of students. The system-forming factor in its formation, in our opinion, is legal activity.
The model we propose covers the entire process under consideration: from the acquisition of legal knowledge, skills,
Cognitive Motivational-Regulatory-Active-
value component value component
Legal knowledge, legal views, legal consciousness
Indicators Required minimum legal knowledge; developed legal consciousness; orientation in specialized literature; ability to use legal reference systems
Legal motive, legal attitude, legal behavior
Indicators Social responsibility for the results and consequences of its activities; humanism towards others; the need for self-improvement, the desire for self-realization in legal activity; attitude to the law as a value; adequate positive self-esteem; the formation of moral qualities that determine the general culture of the PERSON and its ability to live
Legal skills, abilities, experience
Indicators Independence, readiness to make decisions; the ability to argue and defend one’s legal rights and freedoms; initiative, entrepreneurship; readiness for legal activities; social and legal activity, lawful behavior
Criteria Criteria Criteria
Degree of legal Degree of formation Degree of formation
awareness of attitude to law as legal skills
and legal consciousness to the value and ability of lawful
behavior; level
socio-legal
activity
Structural and functional model of the formation of a student’s legal culture
skills, development of the value-legal orientation of the individual, legal views, ideas, motives, legal attitudes, value orientations, attitude to the law as a value before the manifestation of legal culture in lawful behavior and social-legal activity of the individual.
We consider the process of forming the legal culture of students as an integral system in the interconnection of the following blocks:
Social and psychological-pedagogical conditions, the implementation of which will contribute to the effective formation of a legal culture;
Continuous legal education in the educational process;
Legal education in conjunction with other areas of the unified educational process;
Inclusion of students in real legal activities.
Legal culture cannot have a specific meaning and certainty without the concept of “level”. The level of legal culture is a qualitative and quantitative characteristic that includes information not only about the volume and scale of legal “baggage”, the limits of mastery of the arsenal of legal culture, the number of mastered (or unmastered) of its elements or types of corresponding cultural values. This is also information about its content, the nature of spiritual values (or “anti-values”), the social orientation of legal ideals, ideas, and norms accepted by the individual. This is a culture of legal thinking, a culture of legal feelings, a culture of legal behavior.
In turn, each “level” is presented as a ratio of the actually achieved result and the corresponding norm. The level of formed™ legal culture of students can be specified in a 3-point system of assessment of the levels of formed™ cognitive, motivational-principal
nal and regulatory-activity components and can be characterized as “high”, “medium”, “low”.
The proposed model, in our opinion, not only reflects the levels of development of legal culture, but also forms the main strategic objectives for universities that purposefully implement the legal socialization of youth.
Having examined the process of forming the legal culture of students, we came to the following conclusions:
This is a complex, continuous, rather contradictory process, which is a set of educational, organizational, personnel, socio-economic activities and forms of interaction between teachers and students. The dynamics of accumulation of experience in this area at each stage of the formation of legal culture has its own characteristics, determined by the level of legal development of the student, specific goals and corresponding professional means of legal influence;
It includes the formation of cognitive, motivational-value and regulatory-activity components that ensure the socio-legal orientation of the individual and increase his vitality;
The structural elements of this process are in active interconnection and interaction, which ensures that the individual assimilates the legal experience accumulated in society, the formation of value orientations, and the cultivation of the characterological qualities of the individual, by which the level of his cultural development can be determined;
It is carried out by ensuring the unity of legal training, legal education and legal activities, which are implemented in a culture of legal behavior;
