scholarly journals Logical Design of Legal Education. Towards the Anniversary of Kutafin Moscow State Law University

2021 ◽  
Vol 8 (4) ◽  
pp. 647-667
Author(s):  
O. V. Malyukova

The paper deals with the problem of interrelation between two research programs — logic and jurisprudence — from antiquity to the present. Traditional logic has created and developed the Great Triad “Concept — Judgment — Inference” that has become an educational and methodological canon of humanitarian knowledge and education in general and legal knowledge and legal education in particular. The doctrine of the concept, the doctrine of judgment, the doctrine of inference (more precisely, the doctrine of proof) are essentially used in legal proceedings, law-making, and law enforcement. The author resorts to modern achievements of the theory and technology of scientific knowledge as a research methodology. Logical knowledge itself appears in the form of methodology. Under this approach, any science, both natural and humanitarian, necessarily defines its conceptual corpus. Any science, creating its own description of the subject area, uses theoretical provisions in the form of a set of theses and arguments expressed by judgments. Any science substantiates its vision of the world using a system of evidence. All these properties are subject to and correspond to the subject of logics taught in every law school in the context of legal logics or logics for lawyers. The place of logic in the framework of legal education is considered as a hierarchy of problems of the relation between the phenomena of “the logical” and “the legal” within the framework of the world-historical process, the relation between the phenomena of “the logical” and “the legal” within the framework of domestic history and domestic education system before 1917, i.e., before the overthrow of the monarchy and the establishment of the Soviet power, the relation between the phenomena of “the legal” and “the logical” in Soviet and post-Soviet history, creation of an education system, including legal education, in our country and the development of the logical science and logical education at Kutafin Moscow State Law University. The uniqueness of the study is associated with the use of the Transcript of the All-Soviet Meeting of Logic Teachers of Higher Educational Institutions held on June 21–26, 1948 in Moscow discovered and introduced into scientific circulation by the author of the paper. The result of the study proves the special importance of logic for lawyers as a reliable tool in situations of lawmaking, law enforcement and interpretation of legal norms.

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.


Author(s):  
Irina Afanasyeva

At the turn of the third Millennium, significant changes have affected the global world. The contemporary world economy, the world order, international organizational and economic relations are all involved in the intensive process of global development. There is no country in the world that is able to form and implement foreign economic policy without taking into account the behavior of other participants within the world economic system. Scientific and practical analysis of the subject area of the existing research has predetermined the key objective of this article – to determine the factors of contemporary global development.


Author(s):  
David A. Banks

This chapter examines some of the issues that are driving the development of a master’s course designated as “Information Systems Development Methodologies.” The course takes a “reality as a social construct” view of the world, the purpose of the approach being to encourage students to challenge assumptions and enhance their abilities to research, reflect, critique, and develop strong arguments to support their understanding of the subject area. An interpretive approach such as this can challenge those students whose experiences of previous educational settings have been more strongly oriented toward rote or positivistic teaching and learning styles. The chapter outlines a number of approaches that have been adopted to help students deal with interpretive approaches to learning and to introduce them to issues of belief, inquiry, argument, and reflection.


2020 ◽  
Vol 7 (1) ◽  
pp. 7-16
Author(s):  
Frank S. Bloch

This article describes one aspect of Dr N. R. Madhava Menon’s lifelong commitment to bringing ‘socially relevant legal education’ to India and around the world, whereby lawyers would be trained not just in the rules of law but also in the social and ethical responsibilities of lawyers to the society at large. Over the course of more than 25 years, the author collaborated with Dr Menon in training of law teachers in clinical methods and, in particular, in the incorporation of social justice into law school clinical and legal aid programs. A key element of their collaboration was the development of the concept of a clinical method for training clinical law teachers that could be used in training-of-trainers (TOT) workshops throughout the world, including those run by national, regional, and international clinical organizations. The result was a model for the training of clinical law teachers based on what the author and Dr Menon described elsewhere as three defining qualities of the global clinical movement: Its professional educational mission, its methodology, and its commitment to reforming legal education by reorienting it toward educating lawyers for social justice. The article concludes with a description of their model that emphasizes the setting for the training, preparing the trainee teachers for the training, the use of training by doing, and the importance of reflection and critique in the successful generalization of students’ clinical learning.


2014 ◽  
Vol 13 ◽  
pp. 47 ◽  
Author(s):  
Izabela Krasnicka

<p>The aim of this paper is to present the existing legal education system and development of clinical legal education in Poland. The first part briefly introduces the general Polish higher education system including the implications of the Bologna Process and other challenges for the law faculties as higher education institutions. It then focuses on the five different apprenticeships necessary to obtain license to practice law in Poland. The second part deals with the study program and teaching methods used at Polish law faculties. It argues that the present system does not meet the requirements of the contemporary legal job market as students are not, as a rule, exposed to practical aspects of legal problems and leave law school without training in the necessary skills. The third and most extensive part is dedicated to the legal clinics operating in Poland. Some statistical data is presented on legal clinics (i.e. numbers of students, teachers, cases etc.). This part also discusses basic clinical methodology instruments used in Polish clinics. Finally it describes the establishment of the Polish Legal Clinics Foundation (Foundation), its goals, tasks, challenges and<br />achievements.</p>


Author(s):  
Ekaterina Nikolaevna Smirnova

The subject of this research is the legal norms regulating the usage of digital technologies in oversight activity of the executive branch of government, as well as law enforcement practice of utilization of digital technologies for preventive purposes in oversight activity of the executive branch of government. The object of this research is the social relations establishing in the process of digitalization of the prevention of violations of mandatory requirements. The author examines such aspects as usage of artificial intelligence in prevention of violations of mandatory requirements, as well as analyzes the implementation of &ldquo;digital control&rdquo; preventive purposes of oversight activity of the executive branch of government. The main conclusions of the conducted research consists in determination of positive experience from implementation of digital technologies for preventing violations of mandatory requirements, as well as in proposal of the new ways of using digital technologies for improving the effectiveness of implementation of preventive vector of oversight activity. The author also revealed a number of problems that may arise in case of close integration of digital technologies into preventive vector of oversight activity. The novelty consists in the fact that this article is first to explore the question of digitalization of prevention of violations of mandatory requirements, analyze the prospects of usage of digital technologies, as well as outline the &ldquo;problematic&rdquo; aspects of the phenomenon under consideration.


2020 ◽  
Vol 2 (2) ◽  
pp. 28-31
Author(s):  
O. IVANOV ◽  
◽  
V. KOROLCHUK ◽  

Promising areas for improving the education system, and with the advent of coronavirus online mode has become critical in education, in this regard are at home. Schools have started using Zoom software, and the role of the modular learning environment has grown significantly. At the same time, many problems were identified, such as the lack of Internet access for students from rural areas or disadvantaged families, which has become an obstacle to learning and access to educational materials. In response, the United Nations Educational, Scientific and Cultural Organization has made a number of recommendations for distance learning. Modern distance education is an extensive system of knowledge transfer at a distance using various tools and technologies, the result of which is the receipt by users of the necessary information for its successful implementation in practice. There are a variety of ways to disseminate knowledge today: mailing books, writing assignments, audio and video discs, telephone consultations, and virtually limitless possibilities of the World Wide Web. The use of distance learning methods allows to provide educational services of various kinds in remote areas, to teach without interruption from the main activity, to teach people with disabilities, to have access to educational resources of the world through the use of modern electronic communications. In today's world, education plays a key role in people's lives, which makes it necessary to constantly develop teaching methods, including distance learning. The coronavirus pandemic has revealed many shortcomings of distance education, as well as the absolute unpreparedness of students and educational institutions for this form of education. That is why it is important to develop this industry now in order to further provide comfortable education for both Ukrainian and foreign students and to ensure that in the future the education system will be ready for situations similar to the coronavirus pandemic. The article is written to assess the advantages and disadvantages of distance learning, its necessity, analysis of the requirements for distance learning materials. Prospects of technologies of multimedia representation of researched objects, processes, phenomena, adequate modeling of the subject area, and their realization.


2020 ◽  
Vol 10 (9) ◽  
pp. 255
Author(s):  
Piotr L. Wilczyński

Three years ago, the Polish Geopolitical Society began an initiative focused on students, PHD candidates and interested academic societies, who wished to co-operate in popularizing the subject area of geopolitics. This initiative sought to serve as a forum for such groups and individuals to compete with other interested colleagues and groups from around the world. During the process, students strive to prove their level of professional knowledge, while their teachers assist them in preparing for their best presentations. All participants then meet during the final stages of the competition in order to exchange their experiences. This, in turn, benefits the development of general approaches and methods of study regarding the discipline of geopolitics. The question addressed in this paper then, is how such international competitions can improve the overall skills and knowledge of the subject area at hand among those participating. The importance of this question is underscored by various initiatives undertaken that attempt to measure the quality of higher education. The research presented in this article, then, is based upon interviews with both participants and organizing committee members, which attempt to gauge the experiences and results achieved during such competitions. The results show both the positive and negative aspects of organizing such gatherings. Most certainly, one could draw the conclusion that such events are the most attractive to the most ambitious of students and teachers, who consider education a privilege and as a process, which continues throughout one’s lifetime. Adversely, for those who place education in the same category as a material good, to be bought and sold, such competitions have little appeal especially when focused upon a narrow field of study.


2021 ◽  
Vol 5 (74) ◽  
pp. 52-55
Author(s):  
B. Bidova

Тhe object is a complex of public relations arising in the sphere of realization of national interests through an appropriate legal mechanism. The subject of the research are: legal norms and scientific approaches, legal categories of the theory of national interests, official documents (strategies, concepts, contracts, programs, projects, etc.) and law enforcement, including judicial, practice. 


2021 ◽  
Vol 5 (2) ◽  
pp. 1-10
Author(s):  
Karinina Anggita Farrisqi ◽  
Agus Machfud Fauzi

A law with a concept on the omnibus law in the world of law in the State of Indonesia is a new perspective in the field of law. The point in omnibus law is different from the meaning, nature, and concept of legal norms in existing laws. We can also interpret this concept as a way of settling the forms of regulation in legislation into law and which in the end have consequences for revoking some invalid regulations. With the use of a new perspective like this, of course, people's thinking is also increasingly modern, including following the flow of globalization. In this era of globalization, there are certainly many incidents in the spread of hoax news. This problem is carried out by qualitative research methods and using several theories. The subject matter to be discussed can also be found in the conclusion that the perspective used by the drafters of the law is increasingly modern which will also provide the potential for the spread of hoaxes from people who follow the flow of globalization. Therefore, if the government and the DPR enforce themselves in making laws with the concept of the omnibus law, then the formation process needs to follow the method of prolegnas, has a good academic script, and is not in a hurry by involving stakeholders and the community.


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