Object, subject and goals of legal pedagogy. Basic concepts of legal pedagogy Short course on the basics of legal pedagogy

"TANDEM"

A.M. Stolyarenko

LEGAL

PEDAGOGY

Lecture course

Moscow 2000

Stolyarenko A.M.

C 81 LEGAL PEDAGOGY. Lecture course. - M.: Association of Authors and Publishers “TANDEM”. Publishing house "EKMOS", 2000 - 496 p.

ISBN 5-88124-066-9

The book provides the fundamental concepts of legal pedagogy that correspond to the realities of a lawyer’s work: pedagogy in law enforcement, pedagogy in solving legal problems in the interests of strengthening the rule of law and order. The publication reveals the didactics of professional training in law enforcement agencies.

The course of lectures is characterized by structural integrity and theoretical depth. It is based on a synthesis of extensive factual material. The publication provides numerous pedagogical recommendations for improving legal - pedagogical work, education and training of law enforcement personnel. The educational material and the logic of its presentation are built taking into account the specifics of training lawyers and the nature of their future activities.

The course of lectures is intended to provide a professional study of pedagogy (in combination with the study of its fundamentals) in legal educational institutions and is intended for teachers, students, cadets and listeners.

The publication also provides practical skills necessary for workers
law enforcement agencies, courts, prosecutor's office, internal affairs bodies, tax service and tax police, notaries, the bar, etc.

This is the first book in the domestic and world literature on legal pedagogy, revealing a system of scientific knowledge that is at the intersection of jurisprudence and pedagogy, and is relevant in modern conditions of life of Russian society.

ISBN 5-88124-066-9 © ECMOS, 2000

© Stolyarenko A.M.

Lecture 1. Introduction to legal pedagogy…………………………5

1. Rule of law, law and order and pedagogy………………………5
2. Subject, goals, objectives, system of legal pedagogy……………...15
3. Methodology of legal pedagogy…………………………………...25

1. Social pedagogy and legal sphere…………………………….39
2. Legal socialization and legal culture of citizens…………………43
3. Social pedagogy of law................................................................... ....................48
4. Social and pedagogical factors in the legal sphere…………………55
5. Problems of forming the legal culture of the population………………61

1. Main types of connections between law enforcement activities and pedagogy…………………………………………………………………………………..79
2. Pedagogy in the activities of various law enforcement specialists………………………………………………………………………………...82

1. Preventive pedagogy……………………………………………………………..90
2. Correctional (penitentiary) pedagogy………………………...103
3. Post-penitentiary pedagogy……………………………………………………115
4. Pedagogical technique of a lawyer…………………………………….121

1. Legal education and its pedagogical system in an educational institution……………………………………………………..135
2. The problem of the personality of a student - a future lawyer…………………….150
3. Personality-forming potential of an educational institution…………………………………………………………………………………….169
4. The essence and methodological system of training lawyers…………………182
5. Organizational forms of training……………………………………..200
6. Intensive technologies in legal education………………..207
7. Work of a student, cadet, trainee in mastering the profession of lawyer……………………………………………………………………………………..218

Lecture 5. Pedagogy of law enforcement agency management...237

5.1. Pedagogical concept of law enforcement agency management………………………………………………………………………………………..237

5.2. Pedagogical technologies in organizing the life and activities of a law enforcement agency………………………………………………………………251

5.3. Pedagogical technologies in the current management of a law enforcement agency…………………………………………………………………………………261

5.4. Pedagogical technologies in presenting demands

Manager……………………………………………………………..269

5.5. Pedagogy of an example of a leader’s personality and style of activity..278

Lecture 6. Pedagogy of educational work with personnel

law enforcement agency…………………………………………...289

1. Features of the education system in a law enforcement agency……...289
2. Pedagogical principles of employee education……………………..293
3. Moral and psychological preparation……………………………………308
4. Legal education and prevention of professional deformation of an employee’s personality………………………………………………………326

1. Pedagogical features and objectives of professional training...................................................... ........................................................ ...................337
2. Pedagogical principles of professional training………………341
3. Features of the organization and methodology of vocational training classes…………………………………………………………………………………355

1. Training of special groups (crews, detachments)………………………360
2. Organizational preparation………………………………………………………...364
3. Vocational and pedagogical training………………………….369

8.1. Extremeness in law enforcement activities and its special requirements for the preparedness of an employee………………………………………………………376

1. System for training employees to act in extreme conditions……………………………………………………………………………………….384
2. Professional and psychological training………………………….390
3. Physical preparation for actions in extreme conditions…….407
4. Fire training………………………………………………………...414
5. Preparing employees and citizens to ensure personal safety………………………………………………………………………………….420
6. Preparing for action against an armed offender………427
7. Maintaining service and combat training……………………..436

Lecture 9. Comparative legal pedagogy..................................457

1. Methodology of comparative legal work………………………...457
2. Pedagogy in the practice of law enforcement agencies abroad……………………………………………………………………………………….461

9.4. New foreign pedagogical technologies for training professionals……………………………………………………………………………………474

9.5. Using global experience in working with personnel……………….....483

LECTURE 1. INTRODUCTION

INTO LEGAL PEDAGOGY

1.1. Rule of law, law and order and pedagogy

Rule of law, legality, law and order and science.

One of the most important trends in the movement of human civilization into the future is the creation of societies based on law. A legal state that ensures the life of civil society, the rights and freedoms of citizens, opportunities and conditions for discovering their capabilities and meeting their needs is the modern ideal of government. All humanistic ideas that place human interests at the center of public interests, the ideas of democracy, rights and freedoms, full satisfaction of needs, free development and others will remain a bluff outside the rule of law.

Today, and specifically in the Russian context, the task of strengthening the legal sphere has acquired priority importance, especially in connection with the increased crime rate by an order of magnitude, which has become a brake on social development. The creation of a just society, built on the law, is a global task of all its healthy forces and is possible only with the full use of existing opportunities. One of them, and not the last, is related to the full use of the rich possibilities of science.

Social forces, like the forces of nature, can act spontaneously and destructively as long as people do not want to understand them, cannot take them into account and direct them in their own interests. Actions by eye, self-confident use of intuitive and based only on personal experience considerations, blind imitation of foreign models, reliance on the power of administrative pressure, actions by trial and error are the deep causes of slippage and failure in any business, and at the state level they are simply unacceptable. Their archaism is especially intolerant against the background of modern achievements of world civilization. Everything is in the hands of a person - a civilized, intelligent, moral person. No arbitrary movements in changing the legal sphere of society and its foundations can solve the problem of creating a rule of law state, protecting the interests and rights of citizens, if this is not done in the most competent, scientific and civilized manner.

In our country, unfortunately, global trends in actively using the capabilities of science to achieve radical improvements and overcome problems that cannot be empirically solved have been underestimated and not implemented. Until the 90s, attempts were made to achieve success and progress by identifying and eliminating shortcomings, which in essence could only restore some norm violated by shortcomings, but not ensure proper progress. Numerous inspections, replacing each other and taking people away from work, with a sense of accomplishment, wrote devastating acts, organized scoldings, gave “valuable” instructions to “eliminate”, “pay attention”, “increase activity”, “find an opportunity”, etc. However, this did not improve matters much, because those being verified themselves knew their shortcomings (and even better than those verifying), and the trouble was that they could not, for objective or subjective reasons, eliminate them.

Russia's development lag behind many prosperous countries in its roots was largely due to the disdainful attitude of practice towards science, which not only made discoveries, but also analyzed, generalized practical experience, found ways to improve it, and developed intensive technologies. To a large extent, this also applies to solving the problems of creating a rule of law state, strengthening the rule of law, law and order and the fight against crime.

The development of human civilization is now at the level where it is the mass use of advanced technologies in practice that determines the strength of the state, its progress, and the quantitative and qualitative results of labor. In order to successfully move towards a better future, live in a civilized manner, work more successfully, achieve more, it is necessary to universally use intensive modern technologies in any activity, including law enforcement, both at the state and local level, in the work of each law enforcement agency and each employee. This also applies to the use of pedagogical technologies developed by legal pedagogy.

Pedagogy, society, people. Society is always the same as its citizens. It can be better, more perfect only when it better and more perfectly forms the best type of personality. Pedagogy- the science of the purposeful formation of personality and human communities, which determines its social significance. Initially, pedagogy was concerned only with working with children in special educational and educational systems (kindergartens, schools, families). Today it is becoming more and more a science in working with any categories of citizens and in any systems and conditions related to solving pedagogical problems.

The main systemic pedagogical phenomena, involved in the process of formation of personality and human communities, studied by pedagogy, are education, training, upbringing and development.

Education - a purposeful process of enriching the individual and communities of citizens with fundamental (extensive, deep, scientific, systematized, complex) knowledge that meets the modern level of human civilization and the achievements of the scientific and technological revolution. Such knowledge provides an appropriate understanding of the world, man, life, society, oneself and one’s activities, forms the habit and need for thinking, independent informed judgments, the ability and need for creativity, creation, enrichment of human experience and the progress of society. Individual educational outcome - education personality, community, defined not by formal indicators - diplomas - but by a real understanding of the environment and oneself, manifested in relationships, behavior and actions. Education has educational and developmental significance and should be carried out with the achievement of appropriate pedagogical results.

Education - a purposeful process of developing knowledge, skills and abilities in students. Its result is training individuals, communities of people. Special training, focused on fundamentality, outlook, general civilization of students - educational training, - makes it an integral part of education. In educational institutions focused on students achieving a certain educational qualification, the educational score of training should be clearly expressed and occupy a worthy place in it. In a number of cases, training is conducted without such orientation and takes on the character of private (narrow, limited) professionalism, reduced to practical skill. Such training has the right to exist in practical law enforcement agencies or form part of the training of students in educational institutions. When students are poorly enriched with knowledge and taught only the technique of action, without a deep understanding of why they need to act this way and not otherwise, it turns, in essence, into professional coaching, professional drilling, training.

Education is designed to contribute to the education and development of individuals and groups of citizens, to be educating and developing.

Upbringing - a purposeful process of forming the most important social qualities of an individual as a citizen of society and a bearer of universal human values: spiritual, ideological, patriotic, humane, behavioral, moral, legal, cultural, labor, etc. Education achieves the adaptation of the individual to life in society at the level of human civilization, the formation of citizenship, love for the Motherland, the surrounding nature, family, hard work, respect for the law, human rights and freedoms, humanism, respect for universal human values, satisfaction of the needs of the individual, providing conditions for self-determination in free, intellectual and cultural development, in self-realization. The result of education is good manners a specific person, a community of citizens. Part of the general education is professional education, aimed at developing good manners and its components among a lawyer and a law enforcement agency team. Legal education of legal professionals and citizens is an integral part of their general and professional education. It is specialized in achieving lawful behavior of legal professionals and citizens, their active and fruitful participation in strengthening the rule of law and order.

Development - a purposeful process of determining quantitative, qualitative changes and transformations in individuals and the human community, leading to an increase in the level of development of their intelligence, abilities, the most important business (pedagogical, psychological, psychophysiological, physical) qualities and abilities (organizational, pedagogical, managerial, investigative, etc. .; interests, inclinations, attention, memory, will, stability, dexterity, speed of reactions, resourcefulness, etc.), more advanced forms of their spirituality. Its main components are social, cultural, moral, legal, intellectual and physical development. The individual result of development is development individual and group, collective (for example, turning it into a collective that educates its members). Education, training and upbringing contribute to the development of the personality of the legal professional and law enforcement teams. But it is wrong to understand this as a spontaneous and self-evident pedagogical result. For development to proceed properly, education, training and upbringing must be developing, carried out with a simultaneous focus on achieving a developmental effect. Special pedagogical measures aimed at developing (for example, intelligence, interests, attention, memory, physical strength and dexterity, will, self-control, abilities, etc.) are necessary and, as the practice of training lawyers and other professionals shows, possible and fruitful.

All the considered fundamental pedagogical concepts and the most important components of pedagogical reality behind them complement each other, enrich each other, forming an integral human personality. Famous Russian scientist V.M. Bekhterev wrote at the beginning of the 19th century: “...If education is aimed at increasing human knowledge and, consequently, increasing erudition, then education... serves to ennoble spiritual feelings and to create and strengthen the will. From here it is clear that no matter how educated a person is, but if... his feelings remain at the stage of crude egoism, if he... turns out to be deprived to a certain extent of will, then all his education from the point of view of social benefit will be mere ballast, nothing more. If, on the other hand, an educated person receives during his development an inappropriate direction of feelings and will, then his education can become only a means or instrument for the satisfaction of personal passions and in this sense will only serve to create a harmful member of our society” 1 .

The realities of life, designated by fundamental pedagogical categories, are the most important components of pedagogical activity, but can also act as types of teaching activities. They exist in the form of corresponding pedagogical systems, processes and results, i.e. education, training, upbringing and development. They include teachers, lecturers, teaching teams and those to whom their activities are directed - students, trainees, cadets, law enforcement officers and their teams. Pedagogical results are highest with the harmonious interaction of these types of pedagogical activities and their systems, with their merger in holistic pedagogical process, with the obligatory active participation of students themselves, listeners, cadets, employees, citizens, i.e. with their self-education, self-training, self-education and self-development.

All the considered components of pedagogical reality may be outside of a person’s awareness of them. However, overcoming spontaneity and purposefully managing them increases the scale and quality of the results achieved. The maximum possible result at the moment is ensured by the use of existing scientific achievements of pedagogy, knowledge and understanding of them, and active qualified application. It is important to understand not only the categories themselves, but also their relationships, systemic pedagogical integrity, otherwise the opportunities will not be fully used. So, sometimes education is understood as everything that happens during the formation of personality. Or they believe that education and development are automatic products of upbringing and training. It turns out that there is no need to specifically and purposefully engage in the upbringing, education and development of a person, which obviously reduces the possibilities of pedagogy and the results achieved.

Knowledge and understanding of the main categories of pedagogy and the corresponding components of pedagogical reality leads to the important conclusion that where phenomena, results and the influence of the results of upbringing, education, training and development of people on their lives and activities exist and are discovered, there is also the subject of pedagogy, the possibilities and necessity of applying its achievements. This also applies to the legal system, to the activities of law enforcement agencies and their employees, lawyers.

Rule of law, legality, law and order and pedagogy. Strengthening law and order, the fight against crime is the task of the whole society, because the problems standing in the way of its solution lie in the weaknesses of almost all spheres - economic, cultural, moral, public administration, etc. There was a time when it was believed that strengthening the rule of law and legal order is the prerogative of law, a refined task of jurists. The closer to modern times, the more severe the experience of extremes and failures in solving legal problems, the more strengthened the understanding that the creation of a rule-of-law state and a society based on law is a complex scientific and practical problem. Other specialists also became involved in solving the problem of strengthening law and order. Borderline areas of scientific knowledge have emerged - philosophy of law, sociology of law, management theory in the field of law and order, legal psychology, forensic psychiatry, etc. However, such a diversified and practically oriented science as pedagogy, which has its own interests and rich possibilities in the legal sphere, has not yet been used much and is used to respond to the challenges of the times.

It is known that law is not the only regulator of social life. In their behavior and relationships, citizens are guided by other social norms - ideological, cultural, moral, religious, corporate, socio-psychological (traditions, customs, fashion, superstitions, etc.). They reveal their influence both in the sphere regulated by law and, moreover, in others.

The psychological acceptance of certain norms, the orientation of one’s behavior towards them, among other reasons, is determined by the level of upbringing, education, culture, social maturity, morality of the people, their social groups and individual citizens. If this is so, then legality and order are inextricably linked with the pedagogical system of society, the success and fruitfulness of the functioning of institutions of upbringing, education, training and development in it, influencing the mass and individual behavior of citizens who understand or deny the importance of law-abiding behavior and appropriately relate to its norms.

Crime, as a social phenomenon, has, among other reasons and conditions, pedagogical ones - weaknesses of the education system in society, the system of education of citizens (in particular, legal education), the system of legal propaganda, legal defects of folk pedagogy, the implementation of the pedagogical function by the media, etc. The individual reasons for the origin and development of deviant behavior, resulting in a crime, are almost always associated with the pedagogical neglect of the individual, insufficient legal education, training, good manners, and distortions of legal consciousness.

Ignoring or underestimating pedagogical factors and conditions in activities to strengthen law and order, legality, in the prevention of crime on a societal scale, at the regional and local level, in any formal and informal associations of people, at the individual level inevitably results in an undesirable growth and viability of manifestations of crime, bringing enormous damage to society and people.

As the life of society democratizes, an increasingly important role should be played not by violent coercion of citizens to respect the rules of law, but by lawful behavior determined by their upbringing, education, training and development. This means that the role of the pedagogical system of society, the level and success of pedagogical work in it are historically increasing. The struggle for law and order, especially now, is a struggle for the minds of people, for their attitude towards other people, human and social values, for their active life and law-affirming position. The front of this struggle, figuratively speaking, passes through the minds and hearts of people. Victory here lies in the triumph of reason and morality, citizenship and culture, education and civilization. Victory in creation, in legal development, legal culture. We need to fight not with a person, but for a person. It is obvious that a complete solution to problems is impossible without purposeful pedagogical efforts, without using the capabilities of pedagogy.

Lawmaking and pedagogy. In the interests of law and order, the highest bodies of state power and administration, in accordance with their powers, create a set of regulations, the most important of which are laws. The legislative system of society is designed to strengthen, develop and ensure the functioning of all institutions of democracy, the protection of the rights, freedoms and interests of citizens, and promote their social development and self-expression. Any law, any by-law, norm, any provision in a document will be implemented and change something for the better if they are considered by the legislator not only as a purely legal instrument, but in their content and design ensure proper educating and teaching impact on the people to whom they are addressed. The law, as Plato noted, must not only govern, but also to convince.

History has proven the futility of attempts to solve problems of law and order using the force of law, or law-making alone (“legal rigorism”). It is pedagogically and psychologically impossible to adapt citizens to laws that are unacceptable to them. Leftist jumping ahead (“legal romanticism”) is also ineffective and dangerous - issuing “progressive” laws that do not correspond to psychological and pedagogical realities, poorly taking into account the democratic and legal experience of the population, the level of his legal competence, education and development. Such regulations are not only doomed to inaction, but also increase disrespect for rights, duties, and obligations. Only a balance between the real level of development of the population, its legal culture and experience - on the one hand, and legislation, law-making, which has a proactive and developmental character, but is not divorced from reality and does not get too far ahead - on the other, leads to success. The law is strong, it is valid if it is fulfilled, if it is understood by the population, accepted by the mind and internally approved, and is protected by them themselves.

At the state level it is necessary accounting pedagogical patterns, mechanisms and phenomena, level of education and culture, legal competence and education of the population, implemented in pedagogically correct legislative policy and in the high pedagogical quality of each legal institution, and locally - pedagogically competent municipal and managerial rule-making.

It should also be noted that the embodiment of the ideals of legality in written law (in laws, by-laws, legal norms) and the construction of the state mechanism largely depends on those people who are involved in law and rule-making, their upbringing, education, training and development , membership in corporate groups (parties, associations, groups participating in the political struggle for power).

Law enforcement and pedagogy. All activities of law enforcement officials, officials, specialists, in addition to performing direct law enforcement functions, have pedagogical aspect, which is often not realized, not taken into account, not consciously and competently considered. It is expressed in the fact that this activity has strong direct influence on the legal education of citizens, on how and what kind of legal consciousness is formed in them, whether the authority of legal norms increases, the belief in the need to comply with them, respect for lawyers, the desire to assist them and law enforcement agencies in strengthening the rule of law, whether their faith in the power of the law and their legal protection is strengthened and etc.

Law enforcement agencies are also interested in having their activities covered in the media and legal propaganda conducted pedagogically effectively so that they are created, improved and function properly systems of legal education and legal education different categories of the population and, above all, adolescents and young people. They are called upon to take initiative, as well as actively and pedagogically thoughtful participate in this work.

The successful solution of many law enforcement tasks - prevention, detection and investigation of crimes, protection of public order and road safety, work with minors and execution of punishment, etc. - is more or less associated with the need for something explain, teach, educate, enlighten, convince citizens falling within the scope of responsibility, interests, rights and activities of law enforcement agencies. This means that they need to decide at the same time, essentially, pedagogical tasks in the interests of achieving legal, operational and service results of one’s activities, one must skillfully introduce elements pedagogical organization into it, use it pedagogical methods and means and have the appropriate professional and pedagogical preparedness.

Law enforcement personnel 2 and pedagogy 3 . It is well known that the last and decisive word in any activity

It belongs to the people carrying it out, the characteristics of their personality and training. This dependence is perhaps most strongly influenced by pedagogical factors. Professionalism directly depends on professional education, training, education and development, those. employees’ own pedagogical properties.

Since, as noted above, the solution of many law enforcement problems by specialists from various services and divisions of law enforcement agencies is associated with pedagogical problems, then success in solving them depends on do they understand them, do they have the desire to take them into account, do they have the ability to understand them, are they ready to make decisions taking them into account, do they have the skills and abilities to achieve the necessary pedagogical results. In other words, is there such an element in their professionalism as professional and pedagogical preparedness.

It is generally accepted that any managerial the activity has a pedagogical aspect, including for superiors, commanders, and leaders of all ranks of the legal system. They are not only obliged to conduct classes with subordinates and improve their professional competence, but also to educate, develop, and take into account the pedagogical effect of their example, work style, communication, actions, decisions, assessments, etc. Their managerial professionalism and success in management when working with subordinates therefore inextricably linked with managerial and pedagogical preparedness, which is a type of professional pedagogical.

In law enforcement agencies, there are systems of education, training, upbringing, and professional training that are responsible for the level and quality of education of law enforcement officers, their professional skills, professional development and training during their stay in legal educational institutions. These systems are pedagogical according to their essential characteristics, and educational institutions (initial, higher and postgraduate education) - pedagogical “productions”. The core of vocational education and training systems and their creative mechanism are psychological and pedagogical technologies, during the functioning of which professional knowledge, skills and abilities, habits, qualities, abilities and their complexes of trained employees are generated and improved. Objectives, principles, forms, methods, techniques implementation and improvement of these technologies also pedagogical.

Pedagogy is one of the few sciences that specifically and productively studies systems and processes of education, upbringing, training and development of people. It is she who has a huge amount of scientifically based recommendations for their optimization and improvement. This fact is difficult to overestimate for the activities of employees of the professional legal education system, who themselves must have pedagogical culture, on to build a pedagogical system in their work and carry out the pedagogical process at the proper scientific and pedagogical level, to train truly professional lawyers.

The activities of law enforcement personnel and their employees are inextricably linked with pedagogy. For the most part, it consists of the education, training and development of law enforcement personnel. They can be considered professionals who occupy their positions with dignity only when they themselves have pedagogical merits, are able to competently organize pedagogical systems, ensure their functioning and personally carry out pedagogical work within the framework of their responsibilities and specific tasks.

The above is not a complete list of the relationships between morality, legality, law and order and legal activity with pedagogy (details in subsequent lectures). In the society to which we strive to move, the importance of solving pedagogical problems of strengthening law and order using the capabilities of legal pedagogy as an applied science has increased sharply and continues to grow. By the very meaning of the rule of law, its humanitarian and democratic purpose, the work of law enforcement agencies and their employees must be seriously improved. This, in particular, presupposes that pedagogization, those. enrichment with pedagogical techniques and ways of working, full use of data and recommendations of legal pedagogy where and when it is needed and will give an improved practical result. The trends of correctly understood humanization and democratization of social life make the indiscriminate use of force by legal officials unacceptable. They also oblige us to act more professionally, to actively use more efficient and civilized facilities, which include pedagogical, include pedagogical approaches in work, in the consideration of real-life cases that become the subject of legal consideration. This also increases the requirements for the professionalism of lawyers, including training in legal pedagogy.

1.2. Subject, goals, objectives, system of legal pedagogy

Legal and pedagogical reality. Concept legal validity is widely used by legal scholars who emphasize that the legal sphere is not an abstraction, not an invention of theorists, not “pieces of paper”, but a component of the real life of society, existing, influencing it and having its own laws of an objective-subjective nature. It is usually viewed as a combination of legal ideology, written law (as a system of norms) and legal practice (as the activities of state and specifically law enforcement agencies).

In order not to break away from those realities of life of society and its citizens, for the sake of which the state and law actually exist, it is necessary to analyze the process and results of objectification of the legal system and its elements, their implementation in real life and the actions of citizens commensurate with the law. This prevents legal formalism and allows us to find new opportunities to increase the potential of law, its strength and real effectiveness.

The legal system is part of the state system (the latter includes a system of government bodies and institutions and a certain territory over which the jurisdiction of a given state extends). In turn, the state system is part of a larger and more capacious system of civil society, understood as a set of historically developed joint life and activities of people in a certain territory, as a large social community, as a certain type of social system. This system includes a number of interpenetrating spheres: economics, social, political, management, ideology, morality, science, education and upbringing (pedagogical), law, etc.

The sphere of civil society includes the real life of law in society, the life and activities of citizens. The life of law is what is found in the legally significant behavior of people after it has passed through their consciousness. The creation of a rule of law state is not an end in itself. Its purpose is to create a civil society, whose members (including government agencies) live and act in accordance with the legal norms of society, one might say - legal civil society, society based on law. A rule-of-law state is strong not only and not so much because the written law, the system of legal norms and the state apparatus meet the formal criteria of a rule-of-law state, but because society, social relations, the life and activities of all citizens constantly and everywhere correspond to the ideals of rights and freedoms, that they are active participants in their implementation and protection, in turn reliably protected by the state.

The immediate result of all efforts to create a rule of law state and strengthen the rule of law is law and order - real legality, the degree of embodiment of the ideals and principles of building a rule-of-law state and a rule-of-law society in their lives and activities. Legal order is the final result of legality, the operation of law, the actual legal state, the achieved level of legality at a given time and in a given place. The main features of the legal order are: the rule of law in relations regulated by law; full compliance and fulfillment of legal obligations by all entities; strict social discipline; ensuring the most favorable conditions for the use of objective rights, unconditional affirmation of innate human rights and freedoms; clear and efficient work of all legal bodies, especially justice; the inevitability of legal liability for every offender 4 . Only a legal civil society with a high level of legality and order is the ideal and full manifestation of the triumph of law, justice and true civilization.

Understanding existence and role pedagogical reality - an important heuristic step towards understanding ways to ensure the real life of law, the emergence of real legality and law and order in society, one of the most important conditions for the success of law enforcement agencies and their personnel. Pedagogical reality in the legal sphere of society- these are pedagogical phenomena that actually exist in it, influencing its condition and improvement. According to the form of existence at its core it is pedagogical facts, pedagogical patterns and pedagogical mechanisms.

Pedagogical facts- relatively superficial, observable pedagogical phenomena - manifestations of the action of pedagogical and other patterns, mechanisms, factors, causes and conditions. Their relative superficiality is expressed in the fact that the observed phenomena still require identification as pedagogical, an understanding of the pedagogical essence hidden behind them. So, behind a specific act, action, one must be able to notice the manifestation of knowledge, understanding, human qualities,
components of his education and development, etc. This is important and
for an employee or lawyer to notice and qualify (identify) as a pedagogical phenomenon in an observed or studied legal event.

Pedagogical patterns- objectively existing stable, repeating cause-and-effect relationships of pedagogical manifestations and their essences. It is important to be able to see and explain such connections. Only by doing this, you can find not only an explanation, but also the real cause of the phenomenon, choose a method, a method of pedagogical influence in order to solve the problem facing the employee. Making pedagogical decisions without understanding cause-and-effect relationships is acting at random.

Pedagogical mechanisms- natural transformations during the transition from a pedagogical cause (impact, influence) to a pedagogical consequence. These are transformations in consciousness, in the assimilation of knowledge, in the formation of skills and abilities, in the transition from knowledge to beliefs, from knowledge to attitudes and human needs, from professional skill to professional culture, in changes in attitude towards service, etc., occurring under the influence of pedagogical influences. These mechanisms are between cause and effect, pedagogical influence and result in education, upbringing, training and human development. For the most part they are of a psychological and pedagogical nature. Understanding the mechanism, calculating it when choosing a pedagogical influence, regulating its “triggering” is the most subtle part of pedagogical work. Pedagogical mechanisms underlie pedagogical technologies. Before solving a pedagogical problem, it is correct to mentally “calculate” the response, for example, of the pedagogical influence being prepared, relying on pedagogical, psychological, even physiological knowledge and one’s own intuition, if it is developed in pedagogical experience.

PREFACE

Compulsory study of pedagogy in all higher educational institutions of Russia is provided for in the curriculum. It is also studied in the system of secondary and sometimes primary vocational education of law enforcement officers, but in practice the study is often built in isolation from law enforcement activities. The main reason for this is poor knowledge by education organizers of the extensive system of special pedagogical knowledge - legal pedagogy. There are practically no manuals and textbooks on it published in mass circulation. The existing textbooks called “Pedagogy” are aimed at students of pedagogical universities and their preparation as teachers, for working with children, and are actually textbooks on school pedagogy. Naturally, they are of little use for training law enforcement specialists who will have to work among adults, mainly with adults, in the process of work, not study, and not simple work, but related to the strengthening of law, order and the fight against crime. The pedagogical problems that arise before them are unique, as are the pedagogical methods for solving them.

Legal pedagogy is a special area of ​​scientific pedagogical knowledge - legal and pedagogical, a special branch of pedagogy, a type of professional pedagogy. The origins of her knowledge on individual legal problems can be found in publications of the 18th century. and earlier, but it finally took shape and received its current name only at the end of the 20th century. . Her primary goal- every possible contribution to the creation of a legal society in Russia, the strengthening of law and order, and special- knowledge of legal and pedagogical phenomena existing in the legal sphere, development of a system of scientific knowledge about them, as well as pedagogically sound and effective ways to strengthen law and order, providing assistance to everyone who is involved in this in practice. Its significance is especially great given the current difficulties of strengthening law and order, legal education of the population, fighting crime, and working with law enforcement personnel.

The textbook is focused on studying pedagogy in legal educational institutions and training professionals for law enforcement agencies. It solves two main tasks: the first - general education (federal component) - familiarization of students, cadets, listeners with the basics of pedagogy (part I) and the second - professional pedagogical - the study of legal pedagogy (part II And III).

(Buryakovsky R. O.) (“Legal World”, 2012, No. 4)

LEGAL PEDAGOGY IS A SPECIAL AREA OF SCIENTIFIC PEDAGOGICAL KNOWLEDGE

R. O. BURYAKOVSKY

Ruslan Olegovich Buryakovsky, teacher at the Department of Tactics at the Moscow Higher Military Command School.

Legal pedagogy is a humanities science that studies the systems and processes of legal education, upbringing, training and development. In order to understand the legal changes taking place in the country, a person must have the appropriate knowledge by studying the basics of state and law in secondary and secondary specialized educational institutions.

Key words: legal pedagogy, humanities, goals, system, formation of human personality, effective functioning of public institutions.

Legal pedagogics is the special area of ​​scientific pedagogical knowledge R. O. Buryakovsky

Legal pedagogics is humanitarian science, which is engaged in research of the systems and processes of legal education, education, teaching and development. In order that to know what be going on in a country legal changes, a man must possess the proper knowledges, taught the bases of the state and right in the middle and middle special educational establishments.

Key words: legal pedagogics, humanitarian science, aims, system, forming of human personality, effective functioning of public institutions.

Legal pedagogy is a special area of ​​scientific pedagogical knowledge - legal and pedagogical, a special branch of pedagogy, a type of professional pedagogy. The origins of her knowledge on individual legal problems can be found in publications of the 18th century. and earlier, but it finally took shape and received its current name only at the end of the 20th century.<1>. ——————————— <1>

Its main goal is to contribute in every possible way to the creation of a legal society in Russia, the strengthening of law and order, and its special goal is the knowledge of legal and pedagogical phenomena existing in the legal sphere, the development of a system of scientific knowledge about them, as well as pedagogically sound and effective ways to strengthen law and order, providing assistance to everyone involved in this practice. Its significance is especially great given the current difficulties of strengthening law and order, legal education of the population, fighting crime, and working with law enforcement personnel. The existing teaching aids are of little use for training specialists who will have to work among adults, mainly with adults, in the process of work, not study, and not simple work, but related to the strengthening of law, order and the fight against crime. The pedagogical problems that arise before them are unique, as are the pedagogical methods for solving them. This article is aimed at mastering some issues of legal pedagogy. Pedagogical ideas that have developed over centuries of history have created a solid scientific foundation for general pedagogy and higher education pedagogy. Nowadays, branches of pedagogy are developing under the influence of the progress of science, technology, culture, what is happening in the world, the country, the Armed Forces, intelligence services, and law enforcement agencies. Russian higher education is capable of training personnel in all areas of science, technology and production; it occupies one of the leading places in the world in terms of the scale of personnel training, is closely related to practice and is focused on professional activities. At the same time, higher education needs significant reform in connection with changes occurring in society. Practice also convinces us that the sustainable functioning of higher education is possible only under the conditions of its legal support: - the creation of legal guarantees for free development; — legal protection of students in terms of meeting their needs for educational services; — a clear definition of the rights and obligations of individuals and legal entities, legal regulation of their responsibilities and relations in the area under consideration; — delimitation of competence between government bodies and management at various levels. Currently, the scope of pedagogical science has expanded significantly. Not only the patterns of personality formation of a child and teenager (nursery, preschool pedagogy, school pedagogy), but also adults - andragogy - are subject to intensive research. A special branch of developmental psychology and pedagogy arose and took shape - acmeology, which studies adults (youth, middle age and old age), ways for them to reach the peaks of their development and affirmation in life, their retraining and mastery of new professions, mental hygiene and prevention, rational organization of labor , everyday life, leisure. The branches of pedagogical science about adults are university pedagogy, pedagogy of vocational education, pedagogy of secondary specialized education, including legal pedagogy. The development of human civilization is now at the level where it is the mass use of advanced technologies in practice that determines the strength of the state, its progress, and the quantitative and qualitative results of labor. In order to successfully move towards a better future, live in a civilized manner, work more successfully, achieve more, it is necessary to universally use intensive modern technologies in any activity, including law enforcement, both at the state and local level, in the work of each body law enforcement and every employee. This also applies to the use of the achievements of pedagogical science, technologies developed by it and advanced law enforcement practices. It is known that law is not the only regulator of social life. In their behavior and relationships, citizens are guided by other social norms - ideological, cultural, moral, religious, corporate, socio-psychological (traditions, customs, fashion, superstitions, etc.). People’s knowledge and understanding of certain norms, the orientation of behavior towards them, among other reasons, is determined by the level of their own upbringing, education, training, development, as well as the effectiveness of the activities of educational and other institutions, enterprises, public and private structures, the institution of family, etc. , on which these individual and group characteristics depend. In other words, legality and order are inextricably linked with the pedagogical system of society, the success and fruitfulness of the functioning of pedagogical systems of upbringing, education, training and development in it. Their integral influence on the level of pedagogical formation of citizens determines people’s knowledge and understanding of the need for lawful behavior, attitude towards legal norms, desire, habits and need to follow them in their lives, as well as actively contribute to the strengthening of law and order<2>. ——————————— <2>Stolyarenko A. M. Legal pedagogy: Course of lectures. M.: Ekmos, 1999.

Crime as a social phenomenon has, among other reasons, pedagogical ones - the weakness of the education system in society, the system of education of citizens (in particular, legal), the system of legal propaganda; legal defects of folk pedagogy, implementation of the pedagogical function by the media, etc. Individual reasons for the origin and development of deviant behavior that ends in a crime are almost always associated with the pedagogical neglect of the individual, insufficient legal education, training, education, and distortions of legal consciousness. Therefore, ignoring or underestimating pedagogical factors and conditions in crime prevention on a societal scale, at the regional and local level, in any formal and informal associations of people, at the individual level inevitably results in an undesirable increase in crime. The struggle for law and order and legality, especially now, is a struggle for the minds of people, for their civilized and fair attitude towards other people, towards human, social values ​​and norms of law, for their active life and law-affirming position. The front of this struggle, figuratively speaking, passes through the minds and hearts of people. Victory here lies in the triumph of reason and morality, citizenship and culture, education and civilization. Victory in creation, in legal development, legal culture. We need to fight not with man, but for man and for man. As the life of Russian society democratizes, not the violent coercion of citizens to comply with the law, but respect for them and the need for lawful behavior, conditioned by good manners, education, training and development, will become increasingly important. This means that the role of the pedagogical system of society, the level and success of pedagogical work in it historically increases and increasingly affects the entire legal sphere of state and public life, legality and order. However, there is a relationship here: the state of everything that relates to the legal sphere (legal reality) - the legal system, the legal system, the functioning of the law enforcement system, the operation of legal mechanisms, the real life of law in the minds and behavior of citizens - has an impact on the functioning of pedagogical reality related to the pedagogical system of the state and society. Everything that happens in the legal sphere in one way or another has a pedagogical and socio-pedagogical impact on people, and especially on those components of their upbringing, education, training and development that directly affect their legally significant behavior. With serious shortcomings in the state of law and order, the effective functioning of legal institutions and subjects of law, the general pedagogical development of citizens, and especially the younger generation, becomes difficult. This emphasizes the importance of all subjects of law taking into account their social and pedagogical influences, responsibility for their quality and the need to structure their law enforcement activities accordingly<3>. ——————————— <3>Bozhyev V.P. Textbook. 2nd ed. M., 1997. In the article, law enforcement agencies will be understood as all state bodies that apply the law and are part of a separate group of state bodies with a special legal status, tasks, functions, and areas of activity.

The concept of “legal reality” emphasizes that the legal sphere is not an abstraction, not an invention of theorists, not “pieces of paper”, but a component of the real life of society, existing, influencing it and having its own laws of an objective-subjective nature. It is usually viewed as a combination of legal ideology, written law (as a system of norms) and legal practice (as the activities of government and law enforcement agencies). In order not to break away from those realities of life of society and its citizens, for the sake of which, in fact, the state and law exist, and not to fall into legal formalism, it is necessary to analyze the process and results of objectification of the legal system and its elements. The life of law is what is found in the legally significant behavior of people after it has passed through their consciousness. The state is strong not only and not so much because the written law, the system of legal norms and the state apparatus meet the formal criteria of a rule-of-law state, but because society, social relations, the life and activities of all citizens constantly and everywhere correspond to the ideals of rights and freedoms, that they are active participants in their implementation and protection. The concept of “pedagogical reality” also states the objective existence in the life of society and the state of the pedagogical system and its elements, available wherever there is upbringing and upbringing, education and education, training and training, development and sophistication. It not only influences legal reality from the outside, but is partially included in it. Pedagogical reality significantly affects the actual legality and effectiveness of the regulatory influence of law on the behavior of citizens and the success of law enforcement agencies. Therefore, pedagogical reality in the legal sphere is actually existing and functioning pedagogical phenomena, patterns and mechanisms that form a special legal and pedagogical subsystem and contribute to the real state of legality and order. General pedagogical phenomena are presented in it not in a pure form, but in a transformed form as special pedagogical phenomena. Their specificity is causally determined by the interaction of legal and pedagogical patterns, the peculiarities of the conditions, goals and objectives of law enforcement activities, its objects, results, difficulties, means and technologies used, etc. As components of the system, while influencing the legal sphere, they themselves depend on its qualitatively unique systemic properties. Systemic dependencies of the legal-pedagogical subsystem on the legal one transform the “pedagogical purity” of general pedagogical phenomena, turning their nature into legal-pedagogical, and themselves into legal-pedagogical phenomena. In other words, they bear the imprint of the influence of the legal sphere into which they enter and by which they are conditioned, turning into a natural alloy of influences emanating, on the one hand, from legal reality, and on the other, from pedagogical reality.<4>. ——————————— <4>Such a transformation is not uncommon in the objective world and scientific ideas about it. It also takes place in pedagogy, in which, for example, social-pedagogical, military-pedagogical, psychological-pedagogical phenomena are distinguished.

The main legal and psychological phenomena include: - legal and pedagogical facts - relatively superficial, observed in the field of law, modified pedagogical phenomena - manifestations of relevant patterns, mechanisms, factors, causes and conditions. Their relative superficiality is expressed in the fact that the observed phenomena still require identification as legal-pedagogical and understanding of the legal-pedagogical alloy hidden behind them. Thus, behind a specific action of an employee one must be able to see the manifestations of his training, upbringing, education, development, etc. Only when such a manifestation is detected is the fact itself identified as legal and pedagogical; - legal and pedagogical patterns - objectively existing, stable, repeating cause-and-effect relationships and dependencies of legal and pedagogical manifestations and their essences. These are connections and dependencies between the legal factor, impact and pedagogical phenomenon; between a pedagogical phenomenon and the real action of one or another element of legal reality, between legal and pedagogical facts and their essences. It is important to be able to detect, see and explain such connections and dependencies. Only by doing this can you find an explanation and the real cause of the phenomenon, choose a method, a method of pedagogical influence in order to solve the problem facing the employee. Making pedagogical decisions without understanding cause-and-effect relationships is acting at random; - pedagogical mechanisms - natural transformations during the transition from a pedagogical cause (impact, influence) to a pedagogical effect, from a legal cause to a pedagogical effect, from a pedagogical cause to a legal effect. These are transformations in the consciousness of people and groups, in their assimilation of legal knowledge, in the transition of legal knowledge into legal beliefs, the transition from knowledge to legal attitudes of behavior, from professional skill to professional culture, in changes in attitude towards service, etc., occurring under the influence of pedagogical and legal impacts. Pedagogical mechanisms are located between cause and effect, pedagogical influence and educational, educational, training and human development results. For the most part, they are of a psychological and pedagogical nature, which, however, is influenced and specific by the legal and pedagogical reality in the field of which they function. Understanding the mechanism, relying on it when choosing a pedagogical influence, regulating its “triggering” is the most subtle part of pedagogical work. Pedagogical mechanisms underlie pedagogical technologies. Legal and pedagogical reality also includes the main types of pedagogical systems - upbringing, education, training, development, which were discussed in the first part of the textbook. However, in it they are specific and exist in the form of legal education, legal education, legal training and legal development<5>. Each of them has its own set of legal and pedagogical facts, legal and pedagogical laws and pedagogical mechanisms. ———————————<5>The use of the words “legal” and “legal” here is determined by established stereotypes of word usage, and not by any special scientific considerations.

Being outside the awareness of the state, society, and system, legal and pedagogical reality largely spontaneously, uncontrollably, gradually, but noticeably and often far from favorably affects the state of law, real legality and order in society. Thus, legal pedagogy evaluates education not by diploma, not as a socio-demographic, but as a pedagogical property, as a civilized, enlightened, understanding of the given person of the world around him and of himself in it, which is at the level of achievements of modern human knowledge<6>. ——————————— <6>Stolyarenko A. M. Legal pedagogy in the Ministry of Internal Affairs. M.: Academy of Management of the Ministry of Internal Affairs of Russia, 1997.

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Home > Lecture course

"TANDEM"

A.M. Stolyarenko

LEGAL

PEDAGOGY

Lecture course

Moscow 2000

BBK 74.2 C 81 Stolyarenko A.M. C 81 LEGAL PEDAGOGY. Lecture course. - M.: Association of Authors and Publishers “TANDEM”. Publishing house "EKMOS", 2000 - 496 p. ISBN 5-88124-066-9 The book provides the fundamental concepts of legal pedagogy that correspond to the realities of a lawyer’s work: pedagogy in law enforcement, pedagogy in solving legal problems in the interests of strengthening the rule of law and order. The publication reveals the didactics of professional training in law enforcement agencies. The course of lectures is characterized by structural integrity and theoretical depth. It is based on a synthesis of extensive factual material. The publication provides numerous pedagogical recommendations for improving legal - pedagogical work, education and training of law enforcement personnel. The educational material and the logic of its presentation are built taking into account the specifics of training lawyers and the nature of their future activities. The course of lectures is intended to provide a professional study of pedagogy (in combination with the study of its fundamentals) in legal educational institutions and is intended for teachers, students, cadets and listeners. The publication also provides practical skills necessary for workers
law enforcement agencies, courts, prosecutor's office, internal affairs bodies, tax service and tax police, notaries, the bar, etc. This is the first book in the domestic and world literature on legal pedagogy, revealing a system of scientific knowledge located at the intersection of jurisprudence and pedagogy, and relevant in modern living conditions of Russian society. BKK 74.2 ISBN 5-88124-066-9 © ECMOS, 2000 © Stolyarenko A.M. Lecture1. Introduction to legal pedagogy…………………………5

Rule of law, law and order and pedagogy………………………5

Subject, goals, objectives, system of legal pedagogy……………...15

Methodology of legal pedagogy…………………………………...25

Social pedagogy and legal sphere…………………………….39

Legal socialization and legal culture of citizens…………………43

Social pedagogy of law................................................................... ....................48

Social and pedagogical factors in the legal sphere…………………55

Problems of forming the legal culture of the population………………61

Main types of connections between law enforcement activities and pedagogy…………………………………………………………………………………..79

Pedagogy in the activities of various law enforcement specialists………………………………………………………………………………...82

Preventive pedagogy……………………………………………………………..90

Correctional (penitentiary) pedagogy………………………...103

Post-penitentiary pedagogy……………………………………………………115

Pedagogical technique of a lawyer…………………………………….121

Legal education and its pedagogical system in an educational institution……………………………………………………..135

The problem of the personality of a student - a future lawyer…………………….150

Personality-forming potential of an educational institution…………………………………………………………………………………….169

The essence and methodological system of training lawyers…………………182

Organizational forms of training……………………………………..200

Intensive technologies in legal education………………..207

Work of a student, cadet, trainee in mastering the profession of lawyer……………………………………………………………………………………..218

Features of the education system in a law enforcement agency……...289

Pedagogical principles of employee education……………………..293

Moral and psychological preparation……………………………………308

Legal education and prevention of professional deformation of an employee’s personality………………………………………………………326

Pedagogical features and objectives of professional training...................................................... ........................................................ ...................337

Pedagogical principles of professional training………………341

Features of the organization and methodology of vocational training classes…………………………………………………………………………………355

Training of special groups (crews, detachments)………………………360

Organizational preparation………………………………………………………...364

Vocational and pedagogical training………………………….369

System for training employees to act in extreme conditions……………………………………………………………………………………….384

Professional and psychological training………………………….390

Physical preparation for actions in extreme conditions…….407

Fire training………………………………………………………...414

Preparing employees and citizens to ensure personal safety………………………………………………………………………………….420

Preparing for action against an armed offender………427

Maintaining service and combat training……………………..436

Methodology of comparative legal work………………………...457

Pedagogy in the practice of law enforcement agencies abroad……………………………………………………………………………………….461

LECTURE 1. INTRODUCTION

INTO LEGAL PEDAGOGY

1.1. Rule of law, law and order and pedagogy

K. M. Levitan Legal pedagogy

Publishing house NORMA Moscow, 2007

UDC 340.115(075)

Head of the Department of Russian, Foreign Languages ​​and Speech Culture at the Ural State Law Academy. Honored worker of higher education of the Russian Federation, member of the Russian Academy of Legal Sciences. Author of more than 150 scientific and methodological works, including “Teacher Personality: Formation and Development”, “Fundamentals of Pedagogical Deontology”, “German Language for Law Students”.

Reviewers:

Gorb V. G., Doctor of Pedagogical Sciences, Head of the Department of Modern Educational Technologies of the Ural Academy of Public Administration;

Zeer E.F., Doctor of Psychology, Professor of the Russian Vocational Pedagogical University, Corresponding Member of the Russian Academy of Education.

Levitan K. M.

L36 Legal pedagogy: textbook / K. M. Levitan. - M.: Norma, 2008. - 432

ISBN 978-5-468-00150-9 (translated)

The book is one of the first textbooks that systematically presents the course “Pedagogy of Higher School” for masters, graduate students and teachers of law schools, taking into account the specifics of higher legal education. A brief outline of the history and current state of domestic legal education is given; trends and problems in the development of legal education in Russia and abroad are considered; its goals, content and methods are analyzed; The appendix contains tests for self-diagnosis and assessment of the teacher’s personality.

For students of the system of additional education, undergraduates, graduate students, teachers of law universities and faculties.

UDC 340.115(075) BBK 67.5ya7-1

ISBN 978-5-468-00150-9

© Levitan K. M., 2008

© Perevalov V.D., preface, 2008

© LLC Publishing House NORMA, 2008

§ 1. Goals and content of legal education 131

§ 2. Requirements for professional qualities

§ 1. Goals, principles, content and methods of education....260

Preface

The relevance of the appearance of this textbook is due to the contradiction that has become aggravated in recent years between the sharply increased social need for a sufficiently large number of competent lawyers, the quality of professional training of which must correspond to modern international and domestic educational standards, and the level of personal and professional development of graduates of many law schools that does not meet these criteria. faculties. It is obvious that improving the quality and efficiency of legal education is impossible without highly qualified professional teachers. Teachers at law universities and faculties, as a rule, do not have professional pedagogical education, but are specialists in various subject areas not focused on activities in the field of education. We must not forget about the important role of the fund of current pedagogical knowledge, skills and abilities of lawyers in their practical activities.

This relevance is reinforced by the almost complete absence of textbooks on the pedagogy of legal education in the country, with the exception of departmental pedagogical literature of an instructive nature for law universities of the Ministry of Internal Affairs of Russia. Higher education pedagogy, which emerged as an independent discipline in the system of advanced training for university teachers in the 1980s, offers a scientifically based way of mastering a new professional pedagogical activity for lawyers instead of copying not always the best pedagogical models, difficult trials, errors and discoveries.

The author of the textbook, Doctor of Pedagogical Sciences, Professor K. M. Levitan, has been teaching for almost 30 years at one of the leading law schools in the country - the Ural State Law Academy, which celebrated its 75th anniversary in 2006. Over the years, USLA has formed reputable scientific and pedagogical schools in many areas of law, and has accumulated a wealth of experience in highly qualified professional education.

qualified lawyers, dozens of scientific and practical conferences at various levels were held in search of an optimal model of legal education. A generalization of advanced pedagogical experience in the field of legal education, an analysis of the achievements of modern pedagogical science, and experimental research work prompted the author to develop a course in higher education pedagogy, which he teaches at the master's level and at the institute of advanced training. The materials from this course form the basis for this textbook.

The structure of the book is determined by the author’s understanding of the subject of legal pedagogy as the research and design of the educational process in a law school and the management of this process. Based on this, the first chapters of the book define the basic concepts of higher education pedagogy as a science of higher professional education, the place of pedagogy in the system of pedagogical sciences, and reveal the essence of the competency-based approach in higher professional education. The purpose of this work is to contribute to improving the quality and efficiency of legal education based on the research and design of the educational process in a law school and the management of this process. The main objectives of the course are also formulated in the light of progressive ideas and concepts of humanistic pedagogy, among them:

promoting the development of pedagogical thinking (assimilation of the idea of ​​​​the uniqueness of each person; attitude towards the individual as the highest value; formation of ideas about the active, creative nature of the human personality; recognition of interpersonal relationships as the main driving force of development and source of mental new formations of the individual, establishment of partnerships between teachers and students ; acceptance of the idea of ​​the unity of organic and spiritual life

a person with the affirmation of the primacy of the spiritual principle, its leading role in the development of the specialist’s personality);

familiarization with modern interpretations of the subject of higher education pedagogy and the subject of legal pedagogy, presentation of the main problems and trends in the development of legal education in the country and abroad;

familiarization with the history and current state of legal education in Russia (the main approaches to determining the goals of higher education, including legal

skiy, methods of training and education of law students, methods of pedagogical control);

formation of an attitude towards lifelong continuous education and personal self-development;

promoting the assimilation of norms of pedagogical ethics in accordance with the specifics of the professional activity of a law school teacher.

The central place in its significance is occupied by the chapters devoted to the didactics of legal education and the education of law students, since legal education is rightfully considered by the author as a single, inextricable process of training, education and development of the personality of a specialist in a law school. Of significant interest is the author's coverage of ways to implement didactic principles in legal education, a description of methods and forms of teaching and modern educational technologies (person-centered, module-rating, problem-based, game-based, computer-based learning).

There is also scientific novelty in the chapter on education in law school. Here, in relation to the specifics of legal activity, the goals, principles, content and methods of educating law students, the essence and content of deontological training of lawyers, the basis for the formation of conflict competence, the causes and essence of deviant behavior, methods of its prevention and correction are revealed. The study of these issues should contribute to the development of a competent lawyer not only as a narrow specialist equipped with certain knowledge, skills and abilities, but also as a highly cultured person with socially valuable competencies and personality traits with a humanistic orientation.

The final chapter of the textbook is devoted to the personality of the main subject of organizing the educational process at a law school - the teacher. It analyzes in detail the structure and content of a teacher’s professional pedagogical competence, professionally significant qualities of his personality, communicative competence, organization, content and methods of self-improvement of a teacher’s personality. The appendices contain practice-oriented guidelines for analysis and self-analysis of

dagogical activities of the teacher, as well as tests for self-diagnosis and assessment of his personality.

I hope that the proposed textbook will contribute to the professionalization of the personality of a law school teacher, the development of his professional pedagogical competence, i.e., the readiness and ability to carry out educational activities in accordance with the pedagogical laws of legal education, orientation towards humanistic and democratic values, as well as a clearly recognized responsibility for quality fulfillment of one's professional duty and calling.

V. D. Perevalov,

Rector of the Ural State Law Academy, Honored Lawyer of the Russian Federation,

Doctor of Law, Professor

Chapter 1. Pedagogy as a science of education

§ 1. Basic concepts of pedagogy

All people are educators in one way or another. Some, having received a special pedagogical education, are engaged in the upbringing and training of children and adults professionally, others - unconsciously or consciously, focusing on their life experience and individual ideas about proper human behavior. Born as a purely biological being, an individual, in the process of socialization, i.e., assimilation and active reproduction of social experience in communication and activity, acquires socially significant qualities and becomes a personality. Such assimilation of socially accepted norms of behavior occurs through imitation, identification with some model as a result of adopting the social behavior of those who serve as an example.

Naturally, criminal views and modes of behavior can also be formed on the basis of imitation of successful examples and situations in the course of social interaction. This implies the need and importance of pedagogical knowledge for all educated people, primarily for those who, along with teaching staff, are directly employed in human-to-human production systems, for example, for lawyers, social workers, managers of all ranks, actors, doctors, service workers, etc.

The life activity of any person has a pedagogical aspect, since it inevitably includes relationships with children, parents, spouse, comrades, colleagues, managers, subordinates, etc., i.e. those areas where it is necessary to influence people with with the aim of significantly changing or partially correcting their behavior. The effectiveness of such influence directly depends on the level of pedagogical literacy of the one who acts as an educator. And pedagogical literacy involves the study of pedagogy.

Pedagogy is the science of human education and development.

The term "pedagogy" comes from two Greek words - "child" and "lead" - and literally translates as "child rearing." In ancient Greece, a teacher was a slave who accompanied his master's child to school. Later, the word “pedagogy” began to be used in a broader sense to refer to the art of education and training, not only for children, but also for adults.

Mastery of pedagogical science and the development of scientific and pedagogical thinking cannot occur otherwise than through the assimilation of relevant scientific categories and concepts. Pedagogy, like every branch of knowledge, can be conventionally compared to a giant spatial lattice, at the nodes of which there are concepts that reflect objective subject-logical connections between phenomena of the external world and retain their effectiveness for human activity. The conceptual and terminological system is a set of those “bricks” from which the “building” of modern science has already been built and with the help of which new knowledge is developed. Being conductors of scientific and pedagogical information, concepts and terms contribute to an adequate comprehension of pedagogical reality and effective behavior. The main concepts of pedagogy are: upbringing, training, education, personal development, and correspondingly, self-education, self-education, self-education And

personal self-development.

The concept of “personality” is one of the central ones in the conceptual and terminological system of the humanities and social sciences. The approach to defining personality is based on the general philosophical and psychological difference between the concepts of “person”,

“individual”, “personality”, “individuality”. The concept “man” expresses the generic traits inherent in a human being and indicates his belonging to the human race. The concept of individual denotes a person as a single representative of the human race, belonging simultaneously to nature and human society. The concept of personality captures the socially significant features of a person, the measure of his sociality, and the concept individuality expresses the way of her being as a subject of independent activity.

The concept of personality, therefore, includes the totality of social qualities inherent in the individual, which form

were called by him on the basis of natural properties (gender, temperament, etc.) in the process of active interactions with the social environment (family, school, etc.) and activities (play, cognitive, work). A person's personality is a synthesis of all his characteristics in a unique structure, which is determined and changed as a result of adaptation to the social environment. The level of personal development is characterized by the degree of formation of socially significant qualities that allow a person to control his natural, biological instincts.

Personal development is consistent quantitative and qualitative progressive and regressive changes that occur in its structure.

They affect all spheres of personality: need-motivational, intellectual, behavioral. Personal development does not stop until the death of a person, changing only in direction, intensity, character and quality. In this regard, different models of behavior are possible for each stage of personality development. The general characteristics of development are: irreversibility, progress or regression, unevenness, preservation of the previous in the new, unity of change and preservation of qualities.

The development of a student's personality is the main goal of any education system. The origins of the very concept of “education” go back to the early Middle Ages, correlating with the concepts of “image”, “image of God”. Education since the Renaissance has been understood as comprehending this image and following it. Education becomes a way to create your image, your personality.

The German term “Bildung” - formation, the root morpheme of which is also “image” - Bild, has a similar content. From the standpoint of humanitarian education, an educated person is considered to be one who can control his natural instincts, make conscious moral choices, establish relationships with other people, understand the basic relationships in the world around him, think logically, reflect on the basic questions of existence: the meaning and purpose of life, death , the capabilities of the human mind and cognition. According to the classic of German philosophy I. Kant (1724-1804), education is the acquisition of the ability for reasonable self-determination and self-improvement, the ability to develop one’s own moral convictions.

thinking and using your mind without guidance from another person. The Swiss educator I. G. Pestalozzi (1746-1827) considered comprehensive general education as the education of “head, heart and hand,” that is, the development of the intellect, the education of feelings and the formation of practical work skills.

Education arose along with society and became an organic part of its life. The development and functioning of education is determined by all the conditions and factors of the existence of society: economic, political, social, cultural. The history of human society shows that greater success in development has always been achieved by those peoples and states whose education was better. Education is focused on the nature and values ​​of culture, the development of its achievements and its reproduction, the adoption of sociocultural norms and

inclusion of a person in their further development. Culture is understood as a system of consciousness and patterns of behavior of people, objects and phenomena in the life of society, reproduced with the succession of generations.

The term “education” is usually used in three meanings:

1) to denote the education system;

2) to indicate the educational process;

3) to characterize the result of this process.

The concept of “education system” is disclosed in Art. 8 of the Law of the Russian Federation “On Education” (as amended by the Federal Law of January 13, 1996 No. 12-FZ): “The education system in the Russian Federation is a set of interacting:

continuous educational programs and state educational standards of various levels and directions;

networks of educational institutions of various organizational and legal forms, types and types that implement them;

education authorities and institutions and organizations subordinate to them;

associations of legal entities, public and state-public associations operating in the field of education.”

Hence, education system may be public, private, municipal or federal. It is characterized by levels: preschool, school (primary, middle, senior level); higher education (bachelor's degree, preparation

specialist, master's degree); training; postgraduate studies, doctoral studies.

Education has a profile: general, special (natural science, mathematics, law, etc.). Each level is characterized by certain educational institutions: kindergartens, schools, gymnasiums, lyceums, institutes, universities, academies with their own organizational forms of education - lesson, lecture, seminar, etc. - and specific forms of control - survey, test, exam and etc. The mandatory minimum for each educational program is established by the corresponding state educational standard (Article 9 of the Law of the Russian Federation “On Education”).

Education as a process is defined in the preamble of the Law of the Russian Federation “On Education”: “Education... is understood as a purposeful process of education and training in the interests of an individual, society, and state, accompanied by a statement of the achievement by a citizen (student) of certain state educational levels (educational qualifications).”

Based on this definition, it is important to emphasize that education is currently considered as the main instrument of cultural continuity of generations, that training and upbringing are aspects of a single educational process. Education is understood today as a fruitful process of combining knowledge with personal qualities, as a result of which this knowledge, formed skills, attitudes and worldview acquire an individualized image, positively transforming the personality. Continuity of education currently acts as its main feature as a process that does not stop until the end of a person’s conscious life, but only changes in goals, content and forms.

Education as a result implies a set of systematized knowledge, abilities, skills, as well as intellectual, personal, behavioral qualities formed as a result of training and upbringing in a particular educational system. In this sense, we can talk about general or professional, extensive or insufficient education. Standardized requirements for the knowledge, abilities, skills, and qualities of a graduate of a special education