scholarly journals FORMS OF EXISTENCE OF LAW IN THE PEDAGOGICAL THEORY AND PRACTICE OF AS MAKARENKO

Author(s):  
Yu. KARABUT

The article deals with the problem of using the experience of AS Makarenko in modern educational practice, in particular, the legal education of children and youth. A.S. As a teacher, Makarenko left a lot of evidence of how juvenile delinquents became law-abiding citizens. From these positions, the forms of existence of law, reflected in its theoretical and practical heritage, are of considerable interest for the implementation of effective educational impact on young people.In the context of the children's team, whose members were freed from anarchic, criminal in many ways on the basis of upbringing and education, such forms (levels) of law as legal consciousness (awareness of the need to coexist on legal grounds) can be traced; legal norms - orderly rules that everyone who did not want to be outside the human community was forced to follow; legal relations - a system of relations that, providing the requests of the individual, did not contradict the most universally recognized requests of the whole community.The author concludes that analyzing the experience of A.S. Makarenko and considering the law as an order of social relations, which is manifested in the actions and behavior of people, we observe in the institutions headed by a prominent teacher, the personal progress of students as conscious subjects of legal relations. There is reason to conclude that this process reflects the main goals and means of Makarenko's educational system as such and further study will reveal more generalized, and therefore important for today's conditions, pedagogical principles of legal education of children and youth.

2020 ◽  
Vol 5 (4) ◽  
pp. 224-235
Author(s):  
Arina Kodoeva

the article handles the origin of the term "legal education". A detailed analysis of the works of scientists involved in this issue is given. There are three factors of legal nihilism that led to the split of the unified Russian historical, cultural and social community, but also had a significant impact on the younger generation, depriving it of any stable coordinate system in the construction of both personal and social relations. The acquired legal knowledge becomes due and valuable in the consciousness and behavior of the individual only when the due and value of these norms, first, is shared with the individual by a certain human community, and secondly, it generates indisputable authorities that are indicative carriers of legal due and value. According to the author, systematic and specific activities are necessary, aimed not only at obtaining legal knowledge, but also at developing habits of legal behavior in society. Not only state and public organizations should be involved in such activities. This work should be carried out methodically in educational institutions. The author analyzes the definition of "legal education" from the point of view of various scientists who have worked on this problem.


Author(s):  
Arina Kodoeva

the article handles the origin of the term "legal education". A detailed analysis of the works of scientists involved in this issue is given. There are three factors of legal nihilism that led to the split of the unified Russian historical, cultural and social community, but also had a significant impact on the younger generation, depriving it of any stable coordinate system in the construction of both personal and social relations. The acquired legal knowledge becomes due and valuable in the consciousness and behavior of the individual only when the due and value of these norms, first, is shared with the individual by a certain human community, and secondly, it generates indisputable authorities that are indicative carriers of legal due and value. According to the author, systematic and specific activities are necessary, aimed not only at obtaining legal knowledge, but also at developing habits of legal behavior in society. Not only state and public organizations should be involved in such activities. This work should be carried out methodically in educational institutions. The author analyzes the definition of "legal education" from the point of view of various scientists who have worked on this problem.


2020 ◽  
Vol 11 (11) ◽  
pp. 91-95
Author(s):  
Varakuta I. O.

The article examines the relationship and interrelation of such components of social reality as legal upbringing, legal education and legal consciousness. In recent years, many scientific papers have been published on the problems of legal upbringing and legal consciousness. Nevertheless, legal science needs further thorough research on the legal socialization of man. The article analyzes the issues of legal consciousness, legal education and legal upbringing. Emphasis is placed on the essence of legal consciousness, a general description of the structure and functions of legal consciousness is provided. It is stated that everyone has a legal consciousness, regardless of whether they know about it or not. Legal consciousness occupies a special niche in the social life of society, due to law and its impact on social relations. Negative attitude to law, its actions, its significance in society creates a deformation of legal consciousness. The influence of legal educational activity on the process of both formation and improvement of legal consciousness, as well as on overcoming legal nihilism, is determined. It is established that legal education is a necessary element of personal access to law, which forms the attitude to law, trains a socially active member of society who knows his rights and opportunities, is able to defend and protect them in all ways. It is substantiated that the formation of a positive, healthy legal consciousness without legal upbringing (education) is impossible. Keywords: legal upbringing, legal education, legal consciousness, deformation of legal consciousness, legal nihilism.


Author(s):  
Evgeniy Gavrilov

The article features the problem of consolidating and understanding the digital sovereignty of the State and the individual. The author addresses the challenge of establishing a correlation between the idea of digital sovereignty and the global socio-political change. The paper focuses on the effect of modern trends of social development, i.e. accelerated social informatization and globalization, on the development of doctrine of digital sovereignty and its legal design. The author believes that the idea of digital sovereignty is a reaction to the transformation of the global social order, which resulted in new doctrinal provisions and legal norms. They give citizens the right to determine the process of formation, storage, and management of digital data, as well as to ensure their inviolability. The legal formalization of digital sovereignty can indicate either the protection of statehood and personality or, on the contrary, their absorption by structures of the global order. As a result, such categories as "sovereignty, "statehood, or "personality" may eventually lose their actual meaning and real content. The conceptualization of the phenomenon of neurosovereignty and its implementation programs might be the future of the theory and practice of sovereignty.


Author(s):  
Л. В. Туркаева ◽  
Я. А. Хадуева

В современных условиях постиндустриального развития российского государства, прогрессирующей динамики экономического роста, модернизации системы законодательства и обеспечения стратегии устойчивого благоденствия общества, проблемы методики правового образования и воспитания студентов высших учебных заведений приобретают особую значимость и актуальность. Первоначальное значение понятия «правовая культура» сводится к тому, что это общественное явление, определяющее традиционное правовое состояние человека и социума, кроме того, демонстрирующий показатель эффективности правовой деятельности, нормативно-правовых актов и уровня правового сознания личности. During the construction of a democratic legal state in the Russian Federation, the chosen topic is particularly relevant which is viewed through the prism of the problem of modern legal education and education of students (future specialists) of higher educational institutions in the context of modernization of the educational system, as well as the need for a deeper analytical study of trends in this area. The original meaning of the concept of “legal culture” is that it is a social phenomenon that defines the traditional legal status and human society, also demonstrate the increased efficiency of the legal activities, legal acts and level of legal consciousness of the individual.


2022 ◽  
pp. 250-280
Author(s):  
Ruža Tomić

Juvenile delinquency, abuse, and addictions are among the very serious problems of the modern world. They are becoming more frequent every day and appear among the younger categories of children and youth, with increasingly destructive forms and manifestations. The community seeks ways and takes measures to prevent these socio-pathological phenomena, with the aim of reducing or preventing them altogether. In order to succeed, social pedagogical theory and practice are constantly being improved and enriched, and they offer new contributions that can help in the constructive resolution of these painful social phenomena. Their spread degrades the personality of the individual and the whole social community, and this leaves lasting and far-reaching consequences. Only by getting to know and having insight into all the above aspects of these socio-pathological phenomena will it be possible to create and offer organized professional activity in their transformation.


2021 ◽  
Vol 3 (11(75)) ◽  
pp. 52-58
Author(s):  
T. Tsvetikova

Coronary infection COVID-19 led to a global crisis in all spheres of social activity and the state: economy, social relations, education, medicine; forced to revise legal norms and enact laws and by-laws, Regulating human behaviour in a new pandemic. Its worst effects are the massive loss of life on all continents, both from the disease itself and from its complications. Only in the Russian Federation, in the period 2020 - 2021, has the supreme authorities repeatedly adopted decisions on the introduction and extension of a special provision for the implementation of masks in enterprises and organizations of various forms of ownership; Establishment of a social distance of 1.5 m, transfer of children’s pre-school and educational institutions to distance learning, etc. Similar restrictions have been imposed abroad in countries where the rates of new infections and deaths are high. The invention and use of vaccines against this disease also does not guarantee 100% protection. Unfortunately, the individual citizens vaccinated against COVID-19 subsequently died from complications caused by concomitant diseases. In a number of countries, there has been widespread opposition to the closure of enterprises and to the transfer of production in absentia, which has inevitably led to higher costs for entrepreneurs caused by the need to introduce new technologies overnight. In order to prevent general chaos and the increase in cases of legal nihilism, there is a need to transform the existing legal culture, taking into account the extraordinary circumstances caused by the global crisis. The ways and recommendations of adapting the legal mechanisms in force both in the world and in the Russian Federation to the consequences of coronavirus infection COVID-19 are presented in the publication presented.


Author(s):  
Oleg Vinnichenko ◽  
Elena Gladun ◽  
Zhumabek Busurmanov

This article substantiates the need to consolidate human rights through various international legal mechanisms, including regional conventions on human rights that reflect specific legal and cultural values. The authors analyzed the Oriental legal values that differ from those in the Occidental. Borrowed elements of foreign culture and standard legal norms do not provide effective implementation of international documents at the national level. In fact, a lot of contemporary conflicts originate in the gap between the official legal ideology and the traditional legal consciousness, which is typical of most Asian countries. The interdisciplinary and civilizational (sociocultural) approaches revealed that most Shanghai Cooperation Organization countries adhere to the so-called Asian values, e.g. collectivism; priority of family, clan, and nation interests; idealization of the authorities; detachment from active political and legal life, adherence to moral norms, etc. The authors believe that, along with the Universal Declaration of Human Rights, there may be regional concepts and international regional acts based on civilizational identity, historical memory and experience. Eurasian countries need a new concept of human rights, which will combine universal and Asian legal values, e.g. priority of the community and state over the individual; the advantage of public order over the personal rights and freedoms; common wellbeing; significance of moral and religious rules; admiration for strong political leaders, etc. This concept will make it possible to integrate Asian mentality, lore, and national philosophy into standard human rights. The concept might help to resolve various conflicts that occur between global legal ideology and traditional legal mentality of most Asian societies.


2019 ◽  
Vol 7 (2) ◽  
pp. 16-20
Author(s):  
Варвара Богдан ◽  
Varvara Bogdan ◽  
Маргарита Урда ◽  
Margarita Urda

In this paper, the authors considers the problem of legal convergence on the example of migration processes, covering a wide range of social relations and affect national, public, public interests of the state. The purpose of the study to perform legal convergence in the context of regulation of migration processes in Russia, the main objectives of the study: to establish methodological approaches to the cognition of legal convergence; to show the mechanism of legal convergence; to define the essence of legal divergence; to identify methods of implementation of legal convergence; to reveal the peculiarities of the legal convergence of the elements of the system of law in the regulation of migration processes. In this study, the following methods were used: methods of collection and study of single facts; methods of compilation; methods of scientific abstraction; the methods of cognition of regularities. At the stage of collecting and studying of the isolated facts were used the methods of legal interpretation, which has revealed the content of legal norms, the will of the legislator, which is reflected in legal acts; concrete-sociological methods (observation, analysis of written sources, questionnaires, interviews); socio-psychological methods - tests of the scale, as a kind of specific sociological methods, modified for the study of legal psychology and legal consciousness of citizens, based on their lawful or unlawful conduct. On the basis of the study concluded that, establishing a special legal status of foreign citizens, the legislator reflects public interests and the interests of individuals (including foreign citizens). A measure of the convergence of natural rights and their legislative display are the national interests of balanced interests of individuals, society and the state in various spheres of life.


Author(s):  
Antonie Klopper

The purpose of this article is not to come to the defence of the individual academics that Gravett has decided to criticise, for they can surely defend themselves. I wish only to make clear the importance of the work they are doing as a way to point critics of the current system away from their colleagues and onto the legal education system at large, which is the real obstacle standing in the way of Trial Advocacy. This article superficially only argues that the there is no real threat to a destruction of the antithesis between theory and practice and that few oppose this position. Subsequent articles will hopefully answer to the underlying concerns Gravett poses to the critical thinking, constitutionalism and transformative constitutionalism are possibly breaking down the rule of law etc; WH Gravett ‘Pericles should learn to fix a leaky pipe — Why trial advocacy should become part of the LLB curriculum (Part 1)’ (2018) 21 Potchefstroom Electronic Law Journal (PER/PELJ) at 4.


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