Pedagogical activity and its features legal pedagogy. Legal pedagogy textbook publishing house norm. Types of educational technologies

Publishing house NORMA

Moscow, 2007

UDC 340.115 (075)

Konstantin Mikhailovich Levitan- Doctor of Pedagogical Sciences, Professor, Head of the Department of Russian, Foreign Languages \u200b\u200band Culture of Speech of the Ural State Law Academy. Honored Worker of Higher School of the Russian Federation, Member of the Russian Academy of Legal Sciences. Author of over 150 scientific and methodological works, including "The personality of a teacher: formation and development", "Fundamentals of pedagogical deontology", "German for law students".

Reviewers:

Gorb V.G.,doctor of Pedagogy, 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 Professional Pedagogical University, Corresponding Member of the Russian Academy of Education.

Levitan K. M.

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

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

The book is one of the first textbooks, which systematically sets out the course "Pedagogy of Higher Education" for masters, graduate students and teachers of law universities, taking into account the specifics of higher legal education. A brief outline of the history and current state of national legal education is given; the tendencies and problems of 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 schools and faculties.

UDC 340.115 (075)

BBK67.5ya7-1

Isbn 978-5-468-00150-9

V.D. Perevalov.Foreword 7

Chapter 1. Pedagogy as a science of education 11

§ 1. Basic concepts of pedagogy 11

§ 2. The system of pedagogical sciences 19

§ 3. Competence approach

in higher professional education 23

§ 4. Objectives of the course in pedagogy for lawyers 27

Self-check questions 36

Literature and regulations 37

Chapter 2. Objectives and content of education 38

§ 1. The concept of a pedagogical ideal 38

§ 2. Objectives of education 42

§ 3. Production technology and achievements

educational goals 53

§ 4. Development and autonomy of the individual 59

§ 5. Basic models of pedagogical activity 76

Self-Test Questions 93

Literature 93

Chapter3. From the history of legal education 95

§ 1. The humanistic concept of education

M. Psella 95

§ 2. Formation and development of legal education

in imperial Russia 100

§ 3. Features of the Soviet system

legal education 116

§ 4. Problems of legal education

in the post-Soviet period 119

Questions for self-control 129

Literature 130

Chapter 4. Current state and development prospects

legal education 131

§ 1. Objectives and content of legal education 131

§ 2. Requirements for professional qualities

personality of a lawyer 136

§ 3. Modern development trends

legal education 147

§ 4. Comparative pedagogical analysis

professional training of lawyers

in Russia and abroad 154

Questions for self-control 160

Literature 161

Chapter 5. Didactics of legal education 163

§ 1. Basic concepts of high school didactics 163

§ 2. Implementation of didactic principles

in legal education 171

§ 3. Forms and methods of teaching 186

§ 4. Classification of teaching methods 234

§ 5. Modern educational technologies 238

Questions for self-control 258

Literature 259

Chapter 6. Education in a law school 260

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

§ 2. Deontological training of lawyers 287

§ 3. Conflict management 303

§ 4. Prevention and correction of deviant behavior .... 319

Self-Test Questions 338

Literature 339

Chapter 7. Professional and pedagogical competence

teacher 340

§ 1. The structure and content of the professional and pedagogical competence of the teacher 340

§ 2. Professionally significant personality traits

teacher 352

§ 3. Communicative competence of the teacher .... 360

§ 4. Self-improvement of the teacher's personality 388

Self-Test Questions 408

Literature 409

Applications 410

applicationI. Methodical recommendations for the analysis and introspection of the teacher's pedagogical activity 410

applicationII. Self-diagnosis tests

and assessing the personality of the teacher 423

Foreword

The relevance of the appearance of this textbook is due to the aggravated contradiction 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 national educational standards, and the level of personal and professional development of graduates of many law schools that does not meet these criteria, and faculties. It is obvious that improving the quality and efficiency of legal education is impossible without highly qualified professional teachers. Teachers of law schools and faculties, as a rule, do not have a professional pedagogical education, but are specialists in various subject areas that are not focused on activities in the field of education. We must not forget about the important role of the fund of relevant pedagogical knowledge, skills and abilities of lawyers in their practice.

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

trained lawyers, dozens of scientific and practical conferences of various levels were held in search of the optimal model of legal education. Generalization of advanced pedagogical experience in the field of legal education, analysis of the achievements of modern pedagogical science, experimental search work prompted the author to develop a course in higher education pedagogy, which he reads in the magistracy and the institute for advanced training. The materials of this course formed the basis of this tutorial.

The structure of the book is due to the author's understanding of the subject of legal pedagogy as 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 vocational education, the place of pedagogy in the system of pedagogical sciences, reveals the essence of the competence-based approach in higher vocational education. The purpose of this work is to contribute to improving the quality and efficiency of legal education on the basis of 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 \u200b\u200bthe uniqueness of each person; attitude towards personality as the highest value; formation of ideas about the active, creative nature of the human personality; recognition of interpersonal relations as the main driving force of development and a source of mental neoplasms of personality, the establishment of partnerships between the teacher and students ; acceptance of the idea of \u200b\u200bthe unity of the organic and spiritual life of a person with the approval of the primacy of the spiritual principle, its leading role in the development of the personality of a specialist);

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 defining the goals of higher education, including legal

sky, methods of teaching and education of law students, methods of pedagogical control);

the formation of an attitude towards lifelong education throughout life and self-development of the individual;

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

The chapters devoted to the didactics of legal education and the upbringing of law students are central in importance, since legal education is rightfully considered by the author as a single, indissoluble process of training, upbringing and personal development of a specialist in a law school. Of considerable interest is the author's coverage of the ways of implementing didactic principles in legal education, a description of the methods and forms of teaching and modern educational technologies (personality-oriented, modular-rating, problem-based, game, computer training).

There is also scientific novelty in the chapter on education in a 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 foundations of the formation of conflict competence, the reasons and essence of deviant behavior, methods of its prevention and correction are revealed. The study of these issues should contribute to the formation 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 the organization of the educational process in a law school - the teacher. It analyzes in detail the structure and content of the teacher's professional and pedagogical competence, the professionally significant qualities of his personality, communicative competence, organization, content and methods of self-improvement of the teacher's personality. Applications contain practice-oriented guidelines for the analysis and introspection of

teaching 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 teacher of a law school, the development of his professional and pedagogical competence, that is, his readiness and ability to carry out educational activities in accordance with the pedagogical laws of legal education, an orientation towards humanistic and democratic values, as well as a clearly perceived responsibility. for the quality performance of their professional duty and vocation.

V. D. Passes,

rector of the Ural State

law academy,

honored lawyer of the Russian Federation,

doctor of Law, Professor

The classics of Russian pedagogy have always understood pedagogy not only as a science in the strict sense of the word, but also as an art of education. It is curious that, despite the publicity and verbal nature of educational activity, which is close to acting, it is nevertheless closer to the art of a doctor. The famous Russian historian of pedagogy L.N.Modzalevsky thought about this very interestingly more than a hundred years ago. He noticed that pedagogy, undoubtedly being a science, is also an art, but by no means elegant, but understood “only as a reasonable, timely, skillful application of general laws and rules to particular cases, to individual individuals” 51. Thus, there is always a certain technical component in the art of education, which is called technology.

"Technology" is derived from the Greek. techne - art, craftsmanship, skill; logos - word, concept, teaching. The technology of education is a system of methods, techniques and procedures of educational activity developed by science and selected by practice, which allow it to appear at the level of mastery, in other words, with guaranteed efficiency and quality.

The concept of technology of upbringing began to be used relatively recently in our pedagogy. For a long time it was believed that technology can only be considered within the framework of industrial and agricultural production, transport, and energy. Although, if you turn to the work of outstanding teachers, you can easily find in them even special works on the problems of education technology. So, in the later works of A. S. Makarenko, in the transcripts of his speeches before teachers, the terms "educational tool", "pedagogical instrumentation" are often found. They are not accidental: A. S. Makarenko, in essence, left us a legacy of the technology of raising a children's collective. One of the last works of V.A. Sukhomlinsky's "How to Raise a Real Man", even by its very name, emphasizes the "way out" to the problems of the technology of upbringing.

"How?" - the fundamental question of technology in the field of education, but it does not at all imply that there is a certain pedagogical set of technological "master keys" for all occasions and in relation to any children. The technology of education is a well-thought-out system of "how" and "how" the goal of education is embodied in a specific result.

But one should seriously consider that the technology of education is, first of all, a humanistic, humanitarian technology, and therefore it has its own characteristics.

Not every upbringing phenomenon is technological. (Probably for this reason, among teachers there are still many who categorically disagree even with the concept of "technology of education" and completely refuse to recognize any algorithmicization of situations of education.) Indeed, education, like no other activity, is associated with personal and individual interaction, where emotions, premonitions, intuition and many elusive connections and energies reign. The process of such interaction is rather difficult to describe algorithmic, which is required for the technological level of understanding the process. In practice, it is not uncommon for a teacher to give himself up to children without reserve, legends are told about his pedagogical system, but his brilliant findings and techniques are almost impossible to repeat, since they are completely inseparable from this outstanding personality and the spiritual atmosphere that she created. In other words, success in solving educational problems is often determined not by the proven technology, but by the teacher's talent and skill, his personal qualities.

Educational technologies are highly knowledge-intensive technologies. The development of each such technology requires the analysis and selection of a huge amount of scientific information from all areas of human history. If, for example, we take into account that in modern general and social psychology there are more than 70 concepts that explain the psychological structure of a personality, then the creation of a technology for educating the basic culture of a personality seems to be a very utopian idea.

Upbringing technologies do not always guarantee a high level of achievement of the concept, although in the field of economics and industrial production, the guarantee of the result is an obligatory sign of the reliability of the technology. Why is this happening? In upbringing on his object (a child, a children's collective, the educational system of a family or school), in addition to the technology itself implemented, such an array of external and internal influences always acts, and they act so contradictory that it is very arrogant to even predict a specific result, and even more so to expect that technology guarantees it. The educator should always be psychologically ready for the fact that he will not see the result of his pedagogical efforts, since a person's upbringing will fully manifest itself in the mature years of his life and far from in public situations where it can be recorded.

The technology of education includes a certain sequence of procedures.

1. Determination of a clear specific goal.

The goal in parenting technology is essentially a hypothetical idea of \u200b\u200bthe entire technology project. Assessment of the quality of educational technology is carried out by correlating the result obtained and the goal.

2. Development of a "package" of theoretical foundations.

Upbringing technologies always implement certain theoretical ideas about the upbringing process and its laws, that is, certain pedagogical concepts. If a teacher understands upbringing only as "an impact on a child", as "the formation of his personality," then he will prefer the technology of rigid organization of the life and activities of pupils; if he sees in the process of upbringing the mechanisms of personal interaction with children, then the entire technological arsenal of his upbringing will “work” to provide the child with the position of the subject of activity and communication.

3. Step-by-step, step-by-step structure of the activity.

Educational situations act as stages in the technology of education. It is advisable to single out the following types of educational situations: preparatory, functional, control, final.

4. Analysis of the results (monitoring - correction-reflection).

The well-known theorist and author of outstanding works on the technology of education N. Ye. Shchurkova believes that when assessing the results of applying the technology of education, one should go "layer by layer" from superficial signs of changes in pupils to deep personal changes.

First, you should pay attention to the appearance of children, the plasticity of their movements, posture, facial expressions, in which their personal attitude is manifested.

Secondly, it is necessary to assess changes in the picture of the physical and mental health of children (the most fascinating undertakings of the educator, if they led to trauma or neurotized children, are worthless).

Thirdly, the effectiveness of the technology of education must be "tracked" in the activities of children and in their relationships; here not only the discovered abilities, new interests, but also the value preferences of the pupils will appear.

Fourthly, the effectiveness of upbringing technology should be assessed by how much it changes the child's attitude to himself, how it affects the “I-concept” and how it contributes to the self-determination of the individual.

The pupils themselves should become the most important experts in the effective “product” of using the technology of upbringing. Any common task should be completed with pedagogically organized situations of reflection: what turned out well; what did not work out very well and why; that everyone personally understood and learned what by participating in a common cause; what he proposes to do next. Real upbringing occurs when a child "looks into himself", tries to understand the meaning of events and circumstances in which he participates, reflexively turns to his social experience.

Education technologyis a system of methods, techniques and procedures of educational activity developed by science and selected by practice, which allow it to appear at the level of mastery, in other words, with guaranteed efficiency and quality.

The technology of education includes a certain sequence of procedures.

1. Determination of a clear specific goal. The goal in parenting technology is essentially a hypothetical idea of \u200b\u200bthe entire technology project. Assessment of the quality of educational technology is carried out by correlating the result obtained and the goal.

2. Development of a "package" of theoretical foundations. Upbringing technologies always implement certain theoretical ideas about the upbringing process and its laws, that is, certain pedagogical concepts.

3. Step-by-step, step-by-step structure of the activity. Educational situations act as stages in the technology of education. It is advisable to single out the following types of educational situations: preparatory, functional, control, final.

4. Analysis of the results (monitoring - correction-reflection). The well-known theorist and author of outstanding works on the technology of education N. Ye. Shchurkova believes that when assessing the results of applying the technology of education, one should go "layer by layer" from superficial signs of changes in pupils to deep personal changes.

TYPES OF TRAINING TECHNOLOGIES

The system of education technology can be represented at three conditional levels of the organization of education as a pedagogical process.

1. Everyday technology of education. They are used to solve typical problems of the educational process. Such technologies include fairly universal practices of everyday pedagogical communication, for example, the technology of maintaining and switching the attention of children during a conversation with them, the technology of resolving children's conflicts, the technology of including children in the game, the technology of presenting pedagogical requirements.

2. Situational education technologies. They are developed and applied in connection with certain circumstances: for example, in the classroom there are regular quarrels between children, and the instigator of these quarrels subtly manipulates comrades and even adults. The teacher specially builds the technology of the "situation analysis of the next quarrel":

Asks the participants in the quarrel questions that encourage each of them to describe what is happening in their own way;

Makes the “injured party” understand that he sees the situation the same way she does;

Displays the quarreling ones to think about why their relationship developed this way;

Discussing options with the children to resolve the incident.

3. Advanced education technologies.

Such technologies implement a certain model of a fairly long-term organization of the educational process. They may be associated with specific pedagogical functions of the teacher: the class teacher, the teacher of the country camp, the head of the children's hobby club, the sports teacher have their own technology of educational work. Promising education technologies can be built on the basis of the specifics of the forms of education: the technology of the event, the technology of the game, the technology of collective work. Let us dwell in more detail on several promising education technologies.

Event technology

“Action” - the semantics of this word is quite transparent: “taking action”, and the authoritarian direction of the meaning is very open.

An event is a specially organized pedagogical act, lesson or event for the purpose of direct educational impact on pupils.

Technological algorithm of educational activities

1. Determination of the goal.

2. Building the content and choosing the form of the event.

3. Preparation of the event. It requires organizing several important points.

4. Carrying out the event.

5. Analysis of the results of the event.

Game technology

The technological algorithm of the game in the upbringing process is represented by three main components.

1. Creation of a game state for the participants.

2. Organization of game communication.

This technological problem is solved using a number of pedagogical operations:

Establishing personal contact between game participants;

Voluntary acceptance by children of a play role;

Establishing game rules that are binding on all participants;

Organization of communication "from the child" (the educator must emotionally identify himself with the playing children).

It is very important to include the educator himself in the play communication of children, to take a play position. Play in the process of education cannot exist as a spontaneous interaction of children; only with the pedagogical participation of the educator does play become the most important means of education. Therefore, a professional educator must be able to play, meaningfully build his play position in a child's play. Typical manifestations of the teacher's play position.

A quick and organic transition from a real plan of behavior to play behavior (for example, completely serious obedience to the order of a child performing a responsible role, participation in general play actions);

The manifestation of a benevolent attitude towards children, optimism, a sense of humor, a certain internal state of reference to one's childhood experience, a kind of "infantilization" of one's behavior;

Thinly hidden pedagogical guidance of children's play, invisible tips, help, without leaving the playing role.

3. Organization of the game action.

Thus, the main idea of \u200b\u200bthe game technology is aimed at making the educational impact indirect, hidden for children. Education in a game is the more effective the more exciting it is and the more the educator is perceived by children as a welcome participant in their game.

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Legal pedagogy

K. M. Levitan

Moscow - 2007

UDC 340.115 (075)

Konstantin Mikhailovich Levitan- Doctor of Pedagogy, Professor, Head of the Department of Russian, Foreign Languages \u200b\u200band Culture of Speech of the Ural State Law Academy. Honored Worker of Higher School of the Russian Federation, Member of the Russian Academy of Legal Sciences. Author of over 150 scientific and methodological works, including "The personality of a teacher: formation and development", "Fundamentals of pedagogical deontology", "German for law students".

Reviewers:

Gorb V.G.,doctor of Pedagogy, 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 Professional Pedagogical University, Corresponding Member of the Russian Academy of Education.

Levitan K. M.

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

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

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

UDC 340.115 (075)

BBK67.5ya7-1

ISBN 978-5-468-00150-9

Foreword

Chapter 1. Pedagogy as a Science of Education

1.1 Basic concepts of pedagogy

1.2 System of pedagogical sciences

1.3 Competence-based approach in higher professional education

1.4 Objectives of the course in pedagogy for lawyers

Chapter 2. Objectives and content of education

2.1 The concept of the pedagogical ideal

2.2 Objectives of education

2.3 Technology for setting and achieving educational goals

2.4 Personal development and autonomy

2.5 Basic models of pedagogical activity

Chapter 3. From the history of legal education

3.1 Humanistic concept of education M. Psell

3.2 Formation and development of legal education in imperial Russia

3.3 Features of the Soviet system of legal education

3.4 Problems of legal education in the post-Soviet period

Chapter 4. Current state and development prospects of legal education

4.1 Objectives and content of legal education

4.2 Requirements for the professional qualities of a lawyer's personality

4.3 Modern trends in the development of legal education

4.4 Comparative pedagogical analysis of professional training of lawyers in Russia and abroad

Chapter 5. Didactics of legal education

5.1 Basic concepts of higher education didactics

5.2 Implementation of didactic principles in legal education

5.3 Forms and methods of teaching

5.4 Classification of teaching methods

5.5 Modern educational technologies

Chapter 6. Education in a law school

6.1 Goals, principles, content and methods of education

6.2 Deontological training of lawyers

6.3 Conflict management

6.4 Prevention and correction of deviant behavior

Chapter 7. Professional and pedagogical competence of a teacher

7.1 The structure and content of the teacher's professional and pedagogical competence

7.2 Professionally significant qualities of the teacher's personality

7.3 Communicative competence of the teacher

7.4 Self-improvement of the teacher's personality

Applications

Foreword

The relevance of the appearance of this textbook is due to the aggravated contradiction in recent years between the sharply increased public need for a sufficiently large number of competent lawyers, the quality of professional training of which must meet 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, and faculties. It is obvious that improving the quality and efficiency of legal education is impossible without highly qualified professional teachers. Teachers of law schools and faculties, as a rule, do not have a professional pedagogical education, but are specialists in various subject areas that are not focused on activities in the field of education. We must not forget about the important role of the fund of relevant pedagogical knowledge, skills and abilities of lawyers in their practice.

The author of the textbook, Doctor of Pedagogy, Professor K.M. Levitan has been teaching for almost 30 years at one of the country's leading legal universities - the Ural State Law Academy, which celebrated its 75th anniversary in 2006. Over the years, solid scientific and pedagogical schools in many branches of law have been formed in the Ural State Law Academy, a rich experience of professional education of highly qualified lawyers has been accumulated, dozens of scientific and practical conferences of various levels have been held in search of an optimal model of legal education. Generalization of advanced pedagogical experience in the field of legal education, analysis of the achievements of modern pedagogical science, experimental search work prompted the author to develop a course in higher education pedagogy, which he reads in the magistracy and the institute for advanced training. The materials of this course formed the basis of this tutorial.

The structure of the book is due to the author's understanding of the subject of legal pedagogy as research and design of the educational process in a law school and the management of this process. Proceeding from this, the first chapters of the book define the basic concepts of higher education pedagogy as a science of higher vocational education, the place of pedagogy in the system of pedagogical sciences, reveals the essence of the competence-based approach in higher vocational education. The purpose of this work is to contribute to improving the quality and efficiency of legal education on the basis of research and design of the educational process in a law school and 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:

acquaintance with the history and current state of legal education in Russia (the main approaches to defining the goals of higher education, including legal, methods of teaching and educating law students, methods of pedagogical control);

the formation of an attitude towards lifelong education throughout life and self-development of the individual;

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

The final chapter of the textbook is devoted to the personality of the main subject of the organization of the educational process in a law school - the teacher. It analyzes in detail the structure and content of the teacher's professional and pedagogical competence, the professionally significant qualities of his personality, communicative competence, organization, content and methods of self-improvement of the teacher's personality. The applications contain practice-oriented guidelines for the analysis and introspection of the teacher's pedagogical activity, as well as tests for self-diagnosis and assessment of his personality.

V. D. Passes,

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

1.1 Basic concepts of pedagogy

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

Naturally, criminal attitudes and behaviors can also be formed on the basis of imitating 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 pedagogical workers, are employed directly in the production systems "person - person", for example, for lawyers, social workers, leaders 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 or spouse, comrades, colleagues, managers, subordinates, etc., that is, those areas where it is required to influence people with the purpose of significant change or partial correction of their behavior. The effectiveness of such an impact directly depends on the level of pedagogical literacy of the one who acts as an educator. And pedagogical literacy presupposes the study of pedagogy.

Pedagogy is the science of education and human development.

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

The mastery of pedagogical science, the development of scientific and pedagogical thinking cannot occur otherwise than through the assimilation of the corresponding scientific categories and concepts. Pedagogy, like every branch of knowledge, can be conditionally compared with a gigantic spatial grid, in the nodes of which there are concepts that reflect objective, subject-logical connections between the phenomena of the external world and retain their effectiveness for human activity. The conceptual and terminological system is a collection of those "bricks" from which the "building" of modern science has already been built and with the help of which the development of new knowledge is carried out. As conductors of scientific and pedagogical information, concepts and terms contribute to the adequate comprehension of pedagogical reality and effective behavior. The basic concepts of pedagogy are: upbringing, training, education, personality development,and correspondingly, self-education, self-education, self-educationand self-development of personality.

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 the definition of personality is based on a general philosophical and psychological difference between the concepts of "man", "individual", "personality", "individuality". Concept personexpresses generic traits inherent in a human being, indicates his belonging to the human race. Concept individualdesignates a person as a single representative of the human race, belonging simultaneously to nature and human society. Concept personalitycaptures socially significant features of a person, the measure of his sociality, and the concept individualityexpresses the way of her being as a subject of independent activity.

Concept personality,therefore, it includes a set of social qualities inherent in an individual, which were formed in 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 , labor). 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 personality development is characterized by the degree of formation of socially significant qualities that allow a person to control his natural, biological instincts.

Personality development is a sequential 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 the student's personality is the main goal of any educational 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 was understood as comprehending this image and following it. Education becomes a way to create your own image, your personality.

The German-language term "Bildung" has a similar content - education, the root morpheme of which is also "image" - Bild. From the standpoint of humanitarian education, an educated person is considered to be one who can control his natural instincts, make a conscious moral choice, establish relationships with other people, understand the basic relationships in the world around him, think logically, think about the main issues of being: about the meaning and purpose of life, death , the possibilities of the human mind and knowledge. 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 and use one's mind without guidance from another person. The Swiss educator I. G. Pestalozzi (1746-1827) considered comprehensive general education as the formation of a “head, heart and hand,” that is, the development of intelligence, the education of feelings and the formation of practical work skills.

Education emerged along with society and became an organic part of his life. The development and functioning of education is conditioned by all conditions and factors of the existence of society: economic, political, social, cultural. The history of human society testifies that great success in development has always been achieved by those peoples and states whose education was better. Education is focused on the nature and values \u200b\u200bof culture, the development of its achievements and its reproduction, the adoption of socio-cultural norms and the 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, which is reproduced with the change of generations.

Term "education"it is usually used in three meanings:

to denote the education system;

to indicate the educational process;

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:

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

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

educational authorities and their subordinate institutions and organizations;

associations of legal entities, public and state-public associations, carrying out activities in the field of education. "

Consequently, education systemcan be state, private, municipal or federal. It is characterized by leveling: preschool, school (primary, secondary, senior); higher (bachelor's degree, specialist training, master's degree); training; postgraduate studies, doctoral studies.

Education has a profile: general, special (natural science, mathematics, legal, 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, etc. The obligatory minimum of each educational program is established by the corresponding state educational standard (Article 9 of the RF Law "On Education").

Education as a processis defined in the preamble of the RF Law "On Education": "Education ... is understood as a purposeful process of upbringing and training in the interests of a person, society, state, accompanied by a statement that a citizen (student) has achieved certain state educational levels (educational qualifications)."

Based on this definition, it is important to emphasize that at present, education is considered as the main tool for the cultural continuity of generations, that training and upbringing are the essence of a single educational process. Education is understood today as a fruitful process of combining knowledge with personality traits, as a result of which this knowledge, formed skills, attitudes and worldview acquire an individualized image, positively transforming the personality. Continuity of education currently serves 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 resultimplies 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, broad or insufficient education. Standardized requirements for the knowledge, skills, abilities, qualities of a graduate of a special educational institution are contained in the so-called professional qualification characteristics. For example, the international standard of a specialist with higher education, recommended by UNESCO, assumes, in particular, proficiency in one or two foreign languages \u200b\u200band a computer. It is important to emphasize that any education, general or professional, must necessarily include the education of everyone's personal responsibility for the use of certain knowledge and skills.

An educated person today should be:

responsible for the implementation of humanistic values;

able to do it;

tolerant (dialogical) in relation to dissenting people.

One can agree with the ancient aphorism: "Education is what remains when everything learned is forgotten."

A person's education is carried out through his upbringing and training. Concept "Education"used in pedagogy in broad and narrow senses. In a broad sense, upbringing is the transfer of social experience, knowledge, skills, moral and legal norms, spiritual values \u200b\u200bfrom older generations to younger ones. In a narrow sense, upbringing is understood as a directed influence on a person in order to form (maintain) desirable and eliminate undesirable attitudes and behaviors in him.

In modern society, there are a number of institutions involved in education: the family, educational institutions of various types, the media (mass media), literature, art, labor collectives, law enforcement agencies. In this situation, questions often arise about who is most responsible for the upbringing of people; is it worth blaming only the family or teachers for the failures of upbringing; what is the role of the media in the formation of the behavioral attitudes of young people, etc. It is obvious that an orientation towards centuries-old universal values, reflected both in the commandments of all world religions and in the sets of written and unwritten rules, can become a tool for coordinating the actions of all social institutions involved in the upbringing human community.

Analyzing the concept of "education", it is possible to distinguish four aspects in it:

educator;

purposeful actions of the educator;

brought up;

the behavior of the educated person that the educator wants to change.

This analysis allows us to highlight the procedural nature of education: a particular behavior of the educated person depends on the successful or unsuccessful actions of the educator. Based on the goal that the educator intends to achieve in the process of changing the behavior of the child being brought up, upbringing can be considered as the formation of social maturity, business and social competence, independence of the pupil, as well as inclusion in society and culture. In pedagogy, there are intentional (directed, conscious) and functional (unintentional, unconscious) upbringing, as well as indirect upbringing and self-upbringing.

Table 1 - The content of the concept of "education"

Aspect
From the point of view of society	The process of formation of social maturity, independence. Inclusion in society, assimilation of social values, norms, statuses and roles (socialization). Inclusion in culture
From the point of view of the educator	Formation of social maturity: all conscious, intentional, purposeful, as well as unconscious, spontaneous actions of the educator to form desirable and eliminate undesirable attitudes and behaviors
From the point of view of the educated	The impact of other people, the process of social adaptation, the acquisition of social maturity, independence
From the point of view of all the named participants in the educational process	Interaction, social interaction and communication

Thus, upbringing is a historically determined method of sociocultural reproduction of a person, which is a unity of upbringing influences and the individual's own activity.

The scope of the content of the concepts of "education" and "training" overlaps. There is no upbringing without training and training without upbringing, especially since they constitute a single process of human education. Education presupposes the assimilation of knowledge, abilities and skills, and upbringing is aimed primarily at assimilating certain values \u200b\u200bby the educated. Trainingin the most common sense of this term means a purposeful two-way process of transferring and assimilating socio-cultural experience (knowledge, skills, abilities) in specially organized conditions (family, school, university, etc.). Knowledge is an adequate reflection in the consciousness of a person of objective reality in the form of ideas, concepts, theories, laws. Skills- possession of practical and theoretical actions based on the acquired knowledge and acquired skills. Skills- actions brought to automatism through repeated exercises.

In teaching, as in upbringing, there are two interrelated aspects of the educational process: teaching carried out by a teacher and teaching carried out by a student. Learning activities, pedagogical activities are determined by the corresponding program, which covers the goals and objectives, principles, content and methods, means and forms, control and assessment of learning outcomes. Teaching- this is a purposeful, conscious process of assigning to students the socio-historical experience passed on to him and the formation on this basis of individual experience (an individualized system of knowledge, skills, and abilities). Education is a condition, basis and means of a person's personal development.

Pedagogy as a science has three main functions: theoretical(study of the ways and means of transmission and reception by a person of information and introduction to general cultural values, taking into account his individual-age characteristics of development in the context of a specific pedagogical system), applied(in relation to other sciences), practical(to improve the specific practice of teaching and educating a person). The subject of pedagogy- research of the essence of education and personality development and the development on this basis of the theory and methodology of education as a specially organized and controlled process.

Based on the foregoing pedagogycan be defined as the science of specially organized processes of changing the internal image of a person, in which there is a change in needs (education), norms (training), abilities (development).

1.2 System of pedagogical sciences

Having defined the subject of pedagogy as a purposeful process of education and development of a personality in the conditions of its upbringing and training, it can be stated that the subject under study is very complex, multifaceted and reveals a large number of connections and mediation. Pedagogy, which originated in the depths of philosophy, is currently a ramified system of scientific knowledge. Each pedagogical branch is determined by the characteristics of the subject of study.

The following main disciplines are distinguished in the system of pedagogical sciences.

General pedagogy- studies the general laws of upbringing, training and development of a person, regardless of his age and type of educational institution. Consists of the following sections: general foundations, theory of education, theory of instruction (didactics), theory of organization and management in the education system.

History of pedagogy- explores the development of pedagogical ideas and ideas in the past, studies the pedagogical reality in different countries in different eras, the life and work of outstanding teachers, is engaged in the interpretation of pedagogical texts.

Age pedagogy-- includes preschool pedagogy(studies the laws governing the upbringing of preschool children) and school pedagogy(explores the patterns of education, training and development of students in the secondary education system).

Higher education pedagogy- studies the patterns of the educational process in a higher educational institution.

Special pedagogy- develops problems of training and education of people with various disabilities and developmental disabilities. Depending on the type of defects, the following areas are distinguished here: deaf pedagogy deals with the issues of teaching and educating the deaf and deaf and dumb, typhlopedagogy - the blind, oligophrenopedagogy - mentally retarded, speech therapy - people with speech impairments.

Social pedagogy- explores the problems of education, social rehabilitation and pedagogical assistance to people in certain social conditions (unemployed, poor, homeless, homeless, drug addicts, alcoholics, delinquents, etc.). Social pedagogy develops the scientific foundations of social work, which is aimed at helping people of all age groups in order to overcome their social and psychological difficulties.

Correctional labor (correctional) pedagogy- studies the issues of reeducation of offenders of all ages.

Andragogy (adult education)- is engaged in the training and development of adults, including advanced training and retraining of workers, the acquisition of a new profession.

In addition, some researchers identify the following branches of pedagogical science, the subject of which is clear from their name: military pedagogy, professional pedagogy, family pedagogy, sex education, media pedagogy, and leisure pedagogy. A special group of pedagogical sciences is made up of the so-called subject methods,exploring the content, forms, methods of teaching and studying specific academic subjects in all types of educational institutions.

Pedagogy develops in close relationship with other sciences, first of all, with those in the center of which research is a person. The study philosophy, sociology, ethics and aestheticspromotes an adequate understanding by teachers of the laws of human and social development, the correct definition of the pedagogical ideal and the goals of education. Philosophical knowledge forms the methodological basis of scientific and pedagogical research and pedagogical theories. Thus, the concept of polytechnic education and the theory of labor training in the collective of A.S. Makarenko, which had long determined the development of the Soviet school, was based on the corresponding ideas of K. Marx and F. Engels. And the concept of personality-oriented education, which has become widespread in recent years, is based on the philosophical postulates of J.P. Sartre, E. Fromm, K. Jaspers. It is obvious that ethical or aesthetic education can only be effective if it is based on the results of fundamental research in the relevant fields of science.

Pedagogy is especially closely related to psychologyand physiology.The development of a person's abilities, his personality as a whole, is impossible without understanding his biological essence: natural inclinations, typological characteristics of the nervous system, the functioning of the sense organs, and other physiological systems. According to the outstanding Russian teacher KD Ushinsky (1824-1871), every teacher must be a practical psychologist. Using the patterns of development of the human psyche revealed by psychology, pedagogy increases the effectiveness of those educational influences that lead to the intended changes in the inner world and behavior of the child being brought up.

At the junction with pedagogy, frontier branches emerge. Pedagogical psychologyexplores the mechanisms and patterns of the development of sociocultural experience by a person in the educational process. Pedagogical ethicsstudies the specific features of the professional morality of teachers. Pedagogical deontology- the science of proper behavior of teaching staff - explores the entire set of formalized and non-formalized norms of professional behavior and activities of teachers. School hygienestudies and determines the sanitary and hygienic living conditions of students. Ethnopedagogyis engaged in the study of customs and traditions of various peoples in training and education.

The subject of pedagogy is the entire pedagogical reality. Since pedagogy was formed as an independent science, discussions about the relationship between pedagogical theory and practice have not stopped. In the book "Man as a subject of education" published in 1867, Ushinsky argued that pedagogy is the most extensive, complex, highest and most necessary art, which relies on science and, in addition to knowledge, requires abilities and inclinations. This judgment about pedagogy as an art becomes clear if we remember that Ushinsky created all of his excellent pedagogical works on the basis of an analysis of his own extensive teaching experience at the Demidov Juridical Lyceum in Yaroslavl, the Gatchina Orphanage Institute and the Smolny Institute for Noble Maidens.

Ushinsky did not have a special pedagogical education, he brilliantly graduated from the law faculty of Moscow University, the Council of which awarded him the degree of candidate of jurisprudence at the age of 20. Intensively engaged in self-education, Ushinsky deeply studied philosophy and foreign languages. Fluent in English, German, French. He read in the original the works of F. Bacon, G. W. F. Hegel, P. A. Holbach, R. Descartes, D. Diderot, I. Kant, J. Mill, J. J. Rousseau. He was sent to get acquainted with the organization of school education abroad, where for five years he visited Switzerland, Germany, France, Belgium, Italy. Until 1917, more than 10 million copies of Ushinsky's books were published; Among them, the textbook "Rodnoe Slovo", which withstood 187 reprints, and the brilliant work of a 24-year-old professor, "On Cameral Education" Cameral Sciences - a cycle of administrative, financial and economic disciplines in Russian universities in the 19th century.

Today, no one denies the scientific status of pedagogy. Pedagogical theory and practice develop in an inextricable relationship and mutual influence. The successes of teachers can be due to both deep knowledge and skillful application of pedagogical theory, and the art of pedagogical influence thanks to many years of practice. In any case, the teacher in his activities, like every person, is guided by certain ideas, personal experience or scientific theories. The question is what these concepts and theories are, how scientifically substantiated and effective they are.

Most people in the process of pedagogical interaction with others are guided by personal life experience, which can be called “personal theory”. However, personal experience cannot be generalized and transferred to all situations, as is often the case. The danger of "personal theory" lies in the fact that the established relationships are often incorrect or far from fully reflect the pedagogical reality. And this can have fatal consequences for both the educated person and the educator.

"Personal theory" is opposed by scientific theory, that is, knowledge obtained by scientifically adequate methods. Scientific theory establishes and explains important relationships and helps practitioners to act pedagogically more effectively and efficiently. Unlike "personal theory", scientific theory is characterized by objectivity and testability, general validity, consistency and integrity. Scientific theories allow predicting pedagogical situations and ways of behavior, avoiding blind work; they are an indicative basis for the professional behavior of teachers and help them to comprehend their activities in scientific terms.

Thus, pedagogy as a science has a clearly defined subject of research, its own methods and conceptual-categorical apparatus, fixed in the form of laws and regularities, objective connections between factors and processes that make up the subject of study. The established patterns and laws make it possible to predict the development of pedagogical processes; pedagogical theory connects with practice through guidelines and rules.

1.3 Competence approach in higher professional education

Higher professional education today is characterized by the processes of globalization, humanization and fundamentalization, aimed at the formation of a person as a cultural and historical subject, capable of productive processing and translating the potential of culture into specific socially and professionally significant personality traits (competencies). This is due to the new role of education in the modern world, the super task of which is the advanced construction of new social relations in the context of an actively developing global economy, the global information environment, intercultural dialogue, internationalization and standardization of various spheres of life of people from different countries of the world. The changes taking place in the world and in Russia in the nature of education, its orientation, goals and content are increasingly orienting it towards the free development of a person, creative initiative and independence of students, competitiveness and mobility of specialists.

The concept of modernization of education in different countries of the world is united by the process of changing the educational paradigm, which in science of science means the initial conceptual model (scheme) of posing problems and solving them using certain means and methods. The new educational paradigm is focused on the formation of key competencies of a specialist as a result of education in the aggregate of his motivational, value and cognitive components.

In the context of accelerating changes in the social, political, legal, economic and production-technical spheres of life, the university is called upon not only to provide professional knowledge, skills and abilities, but also to form a number of professionally significant and socially necessary personal qualities (competencies) of a specialist. The latter include the following: the culture of systemic professional thinking, communicative culture, the ability to work in a team, tolerance, the desire for self-education and self-development, responsibility, organizational and leadership qualities, resistance to constant changes in the social and natural environment, flexibility and creativity of thinking, optimal style professional behavior, the ability to represent their personal and professional qualities, the culture of a healthy lifestyle.

When modernizing higher professional education, European countries take into account the principles and approaches contained in international documents on education, in particular in the Bologna Declaration of June 19, 1999, which to date, together with Russia, have been signed by 40 states. According to this document, by 2010 all of Europe should have a unified system of higher education with a unified educational standard and recognized diplomas of university graduates in all states participating in the Bologna process.

The main provisions of the Bologna Declaration are as follows: the adoption of a system of easily understood and comparable degrees so that citizens can effectively use their qualifications throughout the European higher education area; establishment of a system of credit units in the process of training and obtaining qualifications, which provides both transfer and accumulative functions; promoting social and professional mobility of students and teachers; promoting high quality standards and comparability of qualifications across Europe; lifelong learning; involvement of universities and students as competent, active and constructive partners in the formation and development of the zone of European higher education.

These provisions and approaches are consonant with the global strategies for the development of education in the 21st century developed by UNESCO, according to which the most important functions of educational institutions are the following: “learning to live together”, “learning to know”, “learning to do”, “learning to live”. Based on this, the Council of Europe has determined five key competencies that must be formed in graduates of higher education:social and political; intercultural; communicative, associated with the mastery of oral, speech and written communication in the native and foreign languages; associated with the emergence of the information society; associated with the ability to learn throughout life in the context of their professional activities.

All these competencies form the social and professional competence of a specialist. Analysis of the essence of this concept shows that the emphasis in it is shifting from the conceptual field “I know what” to the field “I know how”. The Concept for the modernization of Russian education for the period up to 2010 also states that the school must form an integral system of universal knowledge, skills, and experience of independent activity and personal responsibility of students, i.e., key competencies that determine the modern quality of education.

What is the essence of the key competencies of a specialist that determine the quality of modern education?

Competence-based education began to take shape in the 1970s. XX century. in USA. Foreign and domestic researchers of competencies (J. Raven, K. Skala, R. White, V. I. Baidenko, G. E. Belitskaya, E. F. Zeer, I. A. Zimnyaya, N. V. Kuzmina, A. K. Markova, L. A. Petrovskaya, Yu. G. Tatur, G. Halazh, N. Chomsky, V. Khutmakher, A. V. Khutorskoy) associate this concept, first of all, with the categories "readiness", "ability" as well as with such psychological qualities as responsibility and confidence. Raven's list includes 37 competencies, many of which include the words “readiness” and “ability,” for example, “willingness and ability to learn independently,” “willingness to use new ideas and innovations,” “ability to make decisions,” “ability to collaborate. work to achieve the goal. "

Based on the analysis of the results of many studies of the competence-based approach in education, Zimnyaya theoretically substantiated and identified three groups of key competencies, their necessary nomenclature and the types of competencies included in each group. The first group is made up of competences related to the person himself as a person: health preservation; value-semantic orientation in the world; citizenship; self-improvement, self-regulation, self-development, personal and objective reflection. The second group is formed by the competences related to the social interaction of a person and the social environment: social interaction with society, work collective, family, friends, cooperation, tolerance, respect and acceptance of the other, social mobility; in oral and written communication. The third group includes competencies related to human activity: cognitive activity, including the formulation and solution of problems; educational, play and work activities; in the field of information technology, including computer literacy and proficiency in Internet technologies See: Zimnyaya I.A.Key competencies as an effective-target basis of a competence-based approach in education. M., 2004.

An analysis of trends in the development of higher professional education in the world indicates that improving its quality and efficiency depends not so much on the curriculum and the number of classroom hours, but on the personality of the teacher who is able to translate his attitudes, knowledge, skills and abilities into the creative potential of students. Today, the issue of training such teachers who are able to build interdisciplinary curricula, enter into productive communication with other teachers, administration and students, use various styles of pedagogical activity, and constantly improve their skills is extremely relevant. The development of productive learning activities, personality autonomy and creativity of students, naturally, requires that the teacher himself have a pronounced pedagogical personality, creativity, the ability to flexible professional behavior, creative search and professional self-improvement.

A necessary condition and means of self-improvement of the teacher's personality is his constant reflection on his professional activities. The development of professional reflection, adequate self-esteem is becoming today one of the priority tasks of professional training and advanced training of teachers, without which it is unlikely that any significant modernization of higher professional education is possible. As a tool for measuring the level of formation of professionally significant qualities of a teacher's personality, key competencies, the development of his reflexive-evaluative consciousness, it is necessary to widely use the diagnostic methods and technologies developed in pedagogical deontology and psychology.

1.4 Objectives of the Pedagogy Course for Lawyers

The main task of pedagogical science is the study of pedagogical reality in order to accumulate and systematize scientific knowledge for understanding, explaining and predicting the processes of teaching, upbringing, education and development of the human personality. Learning the patterns of these processes, pedagogy indicates to practice the most rational ways and means of pedagogical influence on the personality, develops effective educational technologies and methods.

Another task of pedagogical scientists is to study and substantiate educational values \u200b\u200band norms, on the basis of which the goals and content of pedagogical activity should be determined. At all times, teachers have sought to help people become better, develop and realize their inherent abilities with the greatest benefit for themselves and for society. From these positions, pedagogical knowledge is also necessary for lawyers, whose professional activities constantly involve interaction with other people. But in order to help others improve, a lawyer himself must be an educated professional. The main goal of higher legal education today is to promote the formation of a democratic, creative, competitive personality of a specialist who is able to independently pose and solve professional problems in the so-called risk society.

In modern Russia, it is on professional lawyers that the most effective legal regulation of public relations, the development of democracy, the strengthening of the rule of law and the rule of law depend. Therefore, the development and improvement of the scientific foundations of higher legal education, the formation of value orientations and other professionally significant qualities should be called as an enduring task of pedagogy for lawyers.

The value orientations of professional lawyers, which are characterized, first of all, by participation in public administration, determine the degree of individual assimilation of the principles and requirements of current law, the degree of conviction in their necessity and fairness, and the willingness to consistently implement them in the process of daily legal activity. The individualized system of values \u200b\u200bof lawyers largely determines the legal development of society through the creation of new and interpretation of established legal concepts, as well as the assessment of certain facts of social life and people's behavior.

As historical practice shows, the professional consciousness of the majority of lawyers, due to their social status, is distinguished by a conservative, often even reactionary character. According to the results of a large sociological study of the professional consciousness of lawyers, conducted in our country in the mid-80s. XX century, such a professionally significant quality as democracy was in the last (21st) place in the list of qualities necessary for a lawyer. Only at the end of this list can one find such qualities that are professionally important for the creative personality of a lawyer as self-criticism, independence, perseverance and activity. But discipline - an inalienable quality in stamping "people-cogs" for the state machine - takes a fairly high (6th) place See: Sokolov N. Ya.Professional consciousness of lawyers. M., 1988.S. 202.

Naturally, our consciousness and behavior are largely determined by the socio-economic relations prevailing in a given society at a given time. However, all of us, primarily teachers and lawyers, must constantly remember the universal character of democratic values, won with great difficulty and considerable blood over the centuries by the European peoples. And, of course, by virtue of your capabilities, you need to strive to translate these values \u200b\u200binto reality.

First of all, this applies to fundamental human rights and freedoms, such as respect for human dignity, inviolability of life, prohibition of personal dependence, slavery and torture, protection from arbitrary imprisonment, prohibition of discrimination on racial, national, religious and other grounds, equality of citizens, the right to work and free choice of profession, freedom of conscience, information, movement, suffrage. And as the primary task of the professional activity of lawyers, it is necessary to consider ensuring human rights in their country and around the world in the form in which they are set out in the Universal Declaration of Human Rights adopted by the UN in 1948, in the European Convention on the Protection of Human Rights and the main freedoms of 1950 and in other relevant legal documents.

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Concept legal realityit is widely used by legal scholars who emphasize that the legal sphere is not an abstraction, not an invention of theoreticians, not "pieces of paper", but a component of the real life of society, existing, influencing it and having its own objective-subjective laws. Usually it is viewed as a combination of legal ideology, written law (as a system of norms) and legal practice (as the activities of state and specially - law enforcement agencies).

In order not to break away from those realities of the life of society and its citizens, for 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 embodiment in real life and the actions of citizens, commensurate with the law. This prevents legal formalism, allows you to find new opportunities to increase the potential of law, its strength and real effectiveness.

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

The sphere of civil society also 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 the rule of law is not an end in itself. Its purpose is to create a civil society, whose members (including state structures) live and act in accordance with the legal norms of society, one might say - legal civil society,a society based on the law. The rule of law 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 the rule of law, but because society, social relations, the life and activities of all citizens constantly and everywhere correspond to the ideals of rights and freedoms, which they are active participants in their implementation and protection, in turn reliably protected by the state.

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

Understanding existence and role pedagogical reality -an important heuristic step towards understanding the ways to ensure the real life of law, the emergence of real 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 that affect its condition and improvement. By the form of existencebasically 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, understanding the pedagogical essence hidden behind them. So, behind a specific deed, action, one must be able to notice the manifestation of knowledge, understanding, human qualities,
components of his upbringing and development, etc. This is important and
for an employee, a lawyer to notice and qualify (identify) as a pedagogical phenomenon in the observed or investigated legal event.

Pedagogical patterns- objectively existing stable, repetitive causal relationships of pedagogical manifestations and their essences. It is important to be able to see and explain such connections. Only by doing this, one 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- regular transformations during the transition from a pedagogical cause (influence, 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 convictions, from knowledge to attitudes and needs of a person, from professional skill to professional culture, in changing attitudes towards service, etc., occurring under the influence of pedagogical impacts. These mechanisms are located 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 for it when choosing a pedagogical influence, regulating its "operation" is the most subtle part of pedagogical work. Pedagogical mechanisms are at the heart of pedagogical technologies. Before solving a pedagogical problem, it is correct to mentally "calculate" the response of, for example, the prepared pedagogical influence, relying on pedagogical, psychological, even physiological knowledge and one's own intuition, if it is developed in pedagogical experience.

Fig. one.General structure of pedagogical reality and main pedagogical categories

Pedagogical reality systemicand there in the form of the main systemic pedagogical phenomena - education, training, upbringing, development,which were mentioned above. Each of them has its own set of pedagogical facts, patterns and mechanisms.

Pedagogical reality in the legal field is legal and pedagogical reality.General pedagogical phenomena are presented in it not in a "pure", but in a transformed form, as specialpedagogical 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, its objects, results, difficulties, means and technologies used, etc.

Being outside the awareness of society, the legal system, law enforcement officers, lawyers, outside its accounting and purposeful, scientifically correct improvements, legal and pedagogical reality in many respects spontaneously, uncontrollably, gradually, but tangibly and often far from favorably affects the state of life of law, the emergence of real law and order in society.

Object, subject, goals and objectives of legal pedagogy. Legal pedagogy is intended to deal with the knowledge of legal and pedagogical reality in theoretical and practical terms. Its theoretical basis is general pedagogy - a science rich in constructive ideas and having vast experience. At the same time, it is not a general pedagogy with examples from legal practice, but a special area of \u200b\u200bscientific knowledge - legal and pedagogical, a special branch of pedagogy, a kind of professional pedagogy.It relies on the development of other branches of pedagogy: the history of pedagogy, the theory of education, the theory of teaching (didactics), methodology, age pedagogy, school studies, defectology, social pedagogy, ethnopedagogy, family pedagogy, management pedagogy, industrial pedagogy, military pedagogy, sports pedagogy, comparative pedagogy, etc.

Legal pedagogy is interdisciplinarythe field of scientific knowledge, and according to the prevailing characteristics - branch of pedagogical science.Its position between legal and pedagogical sciences determines its name.

The integrated approach, traditional for pedagogy, determines the close ties of legal pedagogy with all other branches of pedagogy and legal science, as well as with the sociology of law, legal psychology, general theory and psychology of management, organization of work with personnel, professional deontology and legal ethics.

Object of knowledge of legal pedagogycommon with legal science: the legal sphere of society, legality and law and order, the activities of structures, bodies and people, purposefully engaged in their strengthening. They have in common and primary goal- every possible contribution to the creation of a legal society in Russia, strengthening the rule of law and law and order. But their difference is essential in the subject of knowledge. Legal science deals with legal reality as a special system of social norms, legal forms of activity of the state and its subsystems, the laws of their development, etc.

The subject of legal pedagogyother - pedagogical facts, patterns and mechanisms of education, training, upbringing and development inherent in the legal sphere, acting in society and influencing it, on the state of law and order, on the activities of legal bodies and their personnel. Knowledge of legal and pedagogical phenomena related to the subject of legal pedagogy, the development of a system of scientific knowledge about them, as well as pedagogically grounded and effective ways to strengthen the rule of law and the rule of law, assistance to everyone who is engaged in this in practice, is special purposelegal pedagogy.

Pedagogy is a science constantly turned to practice, and its branch, immersed in the legal sphere, - legal pedagogy - simply cannot but be an applied science. This is its main purpose, and its recognition, support and development depend on its practical success.

Analysis of the entire experience of pedagogical research on legal problems allows us to refer to the main tasks of legal pedagogythe following:

Studying the history of the development of legal and pedagogical knowledge and its use in society and law enforcement bodies;

Development of methodology, methods of legal and pedagogical knowledge;

Creation of a scientific picture of pedagogical reality, which is inherent in the legal sphere of society, the system of law enforcement agencies, its paradigm and conceptual-categorical apparatus;

Conducting pedagogical research on topical issues of lawmaking, law enforcement, law enforcement and law enforcement activities, creating adequate legal and pedagogical theories with their differentiation in the main areas of legal and pedagogical work;

Theoretical and applied development of multistage
and an extensive system of legal education of the population and law enforcement officials, legal education, legal propaganda and agitation, legal educational aspects of the activities of the media, art, culture, labor collectives, families;

Participation in the creation of a system of pedagogical support
lawmaking activities, activities of employees of bodies
law and order, the development of forms, methods and technologies for its implementation (pedagogical diagnostics, pedagogical expertise,
pedagogical support, pedagogical consulting,
pedagogical assistance, pedagogical support, pedagogical correction, etc.);

Providing assistance in increasing the effectiveness of legal education, professional training, preparation for action in extreme conditions and under emergency circumstances, pedagogical study and use of the experience of action in them and pedagogical support of personal safety;

Development and improvement of methods of teaching legal disciplines, legal pedagogy, methods of pedagogical testing, scientific foundations of the use of computer technology and distance education in the preparation of lawyers;

Development of a pedagogical system for professional and psychological training of law enforcement officers;

Development of a pedagogical system for the training of teachers
practitioners, specialists in legal and pedagogical problems, as well as the provision of scientific, practical and methodological assistance to those of them who directly work in the practical structures of law enforcement agencies;

Provision of postgraduate education and training of scientific and pedagogical personnel, certified specialists in legal and pedagogical problems and employees of structures dealing with them;

Study of foreign experience in solving legal and pedagogical problems, police pedagogy, as well as the possibilities and ways of using it in the conditions of modern Russia.

Methodology

Methodology problem... The interdisciplinary position of legal pedagogy determines the specificity and integral nature of its fundamental approaches to the study and explanation of problems, the search and evaluation criteria for the developed practical recommendations. In its kind of "legal part", legal pedagogy proceeds from legal realities (tasks of building a legal state, the existing legal system, the state of law and order and legality, goals, objectives and problems of their improvement, the legal framework of law enforcement, organizational and legal decisions, etc. .), and in the "pedagogical part" approaches them from a scientific and pedagogical position, delves into the study of pedagogical realities - pedagogical facts, patterns and mechanisms of education, training, upbringing and development, guided by the scientific achievements of pedagogy and adapting them to the characteristics of their own goals and objectives. As a result, in its main characteristics, it acts as pedagogical science, branch of pedagogy,and not "pedagogical jurisprudence".

The approach of legal pedagogy to the interpretation of its "pedagogical part" is methodologically important. In this regard, the question arises about its relationship with general pedagogy. In its theoretical constructions, it cannot and should not be a simple application of the general provisions of pedagogy to the field of law, because then it will be, at best, educational "pedagogy for lawyers", and not a special branch of scientific knowledge - legal pedagogy, reflecting the specifics of pedagogical reality in the field the rights. It would be wrong to completely deny the cognitive benefit of reasoning built on legal material with a general pedagogical commentary on it. But the specificity of pedagogical and legal research and knowledge, their special theoretical and practical value arises only when identifying specialin that pedagogical reality, which is included in the sphere of law. This is not a scientific ambition, but an epistemological, methodological and theoretical necessity, the practical expediency of reflecting a special legal reality in a special system of scientific and pedagogical knowledge. Legal and pedagogical reality is not the reality of teaching children to draw or teaching students of a technical university, but the reality of legality, the fight against crime, actions in life-threatening conditions, the activities of professionals, pedagogy of solving life problems, etc. but also new causal pedagogical dependencies, patterns and facts.

All this by no means diminishes the role of general pedagogical foundations, which are the foundation of all constructions of legal pedagogy, the roots of its ideas. Without the use of the provisions of general pedagogy, there simply would be no legal one. Their relations correspond to the general philosophical categories of the general and the particular: in the particular there is always the general, but the particular is not exhausted by the general.

General methodology of pedagogy. Usually, three levels of research methodology and knowledge are distinguished: general methodology, private (or special) methodology, methods and methodology. They are also found in legal pedagogy.

General methodology of pedagogy- a set of basic scientific provisions that embody the main conclusions, lessons from the experience of cognition of pedagogical reality. Their quintessence is expressed in general methodological principles of pedagogical science -the main starting points of the research and interpretation of the phenomena of pedagogical reality. The most important of them in pedagogy are:

- principle of objectivity, obliging to build a system of scientific knowledge strictly in accordance with objective reality, to reflect only what really belongs to it, i.e. its facts, patterns and mechanisms. It is necessary to take all measures to exclude the influence on the research and conclusions of preferences, personal views, prejudices and low preparedness of the one (or those) who conducts research and claims to contribute to the creation of a reliable picture of the Tories of wild-pedagogical reality;

- principle of determinism(causality, causality), reflecting objectively existing in the world cause-and-effect relationships and prescribing to discover the causes of certain legal-pedagogical phenomena, and also to consider them as causes of other consequences: pedagogical and legal. Establishing the causes is the most important condition for the development of constructive proposals for improving the practice, focused on the creation, change or elimination of exactly the causes to achieve the desired consequences;

- the principle of interconnection and interaction.It flows from
the fact of the existence of the studied phenomena in the environment of others, with
by which they are in certain relationships characterized by mutual influences. If the phenomenon under study falls into another system of relationships, then it changes under new influences and, in turn, somehow changes them. It is absolutely necessary to take this into account when studying pedagogical phenomena and their possibilities to achieve what is needed in pedagogical practice.

In modern science is used systems theory,which considers a certain group of phenomena or objects in a network of stable relationships as elements of a single structural complex that functions as a whole, i.e. as a system. The resulting systemic properties of the whole have an inverse effect on the elements, on the processes occurring within the system. The provisions of systems theory fully relate to the reality investigated and described by legal pedagogy. Thus, an important systemic category of pedagogy is the category of the pedagogical system, which encompasses the integral functioning structure of purposeful pedagogical activity: object, subject, goals, objectives, content, organization, means, methods, technologies, conditions, methods of monitoring and evaluating the process and results, and their correction. All its elements must be interconnected, docked, coordinated in order to ensure the greatest pedagogical effect;

- development principle,reflecting the fact of constant changes in the world and people. The legal and pedagogical phenomena being investigated at the moment should be considered as a cut on the path of their continuous change with certain tendencies going from the past to the future. It is important to reveal trends, understand their driving forces, and find, if necessary, ways to change. The principle of development is the basis of pedagogical optimism, belief in the possibility of purposeful achievement of progressive changes in an upward trend.

Private (special) methodology of legal pedagogy. It meets the objective need to take into account the qualitative uniqueness of the studied pedagogical facts, patterns and mechanisms,inherent in the legal sphere of society and related to the subject of research.

The basic and peculiar legal and pedagogical laws and their totality are reflected in special scientific principles of legal pedagogy.Based on the experience of the research carried out, the most important of them can be named.

The principle of pedagogical objectivity determines the need to purposefully study pedagogical phenomena when solving problems of strengthening the rule of law and law and order. They exist wherever there are manifestations, influences, changes, tasks, measures related to education, training, upbringing, and development of employees and citizens (in the relations of the latter with the legal sphere and law enforcement). The pedagogical approach, pedagogical objectivity are expressed in the study by the scientist and the understanding by the practitioner of this very reality and the ways of its improvement.

But one must understand that education, training, upbringing, development are complex phenomena and are studied simultaneously by other sciences. Specifically, pedagogical in them is, first of all, pedagogical laws, i.e. causal relationships between pedagogical influences and pedagogical results, ways of taking them into account and optimizing them in the interests of strengthening the rule of law and the rule of law. This is the activity of teachers, other persons, organizations organizing the pedagogical process, providing pedagogical influence and object-subjects of influences (educated, trainees, etc.), ensuring the achievement of the desired results in education, upbringing, training and development of law enforcement officers and citizens. The correct accounting of pedagogical patterns is primarily in the development and organization of pedagogical systems of different levels and scales, in a reliable and constructive definition of their goals, objectives, content, organization (forms), means, methods, technologies, conditions, processes, control, results, assessments. , corrections. The ways of ensuring their optimal functioning in the pedagogical process, which need to take into account a variety of reasons and conditions, are determined. When calculating and substantiating all this, both their own pedagogical argumentation and data from related sciences are used.

It happens that researchers and authors of pedagogical and legal publications get lost in the description of phenomena of a different modality (in particular, purely legal or psychological) under the pretext of the "complexity" of pedagogy; as a result, the pedagogical reality itself remains undetected, and the result is unconstructive, not new to practice. Poor implementation of this principle causes serious damage to the prestige of pedagogy in the legal sphere.

The principle of legal and pedagogical specifics.In the field of law, in vocational education, in the activities of personnel, of course, many general pedagogical laws are manifested. To reveal their effect in the field of law means to stand on a reliable theoretical and methodological foundation. However, it is hardly possible to find such regularities in their pure form in the sphere of law: they somehow change under the influence of the peculiarities, specifics of the legal sphere.

Specificity is reality, due primarily to the influence of the main features of the legal system on its pedagogical subsystem and the reverse influences of the second on the first. The specificity can be attributed to the influence of the priority of law enforcement tasks, in relation to which the pedagogical ones themselves play a serving role; the originality of the directions of professional activity, which is also regulated by the norms of behavior of employees of the law enforcement system; special requirements for the professionalism of employees, which leave an imprint on the system of vocational education and training; age, educational and professional characteristics of people and groups carrying out law enforcement activities, and its reverse impact on them, and much more; citizens as subjects of legal relations.

Legal pedagogy itself begins there, where is the opening of the legal and pedagogical specifics.This is also the most urgent task of the development of legal pedagogy, a condition for its scientific recognition and gaining authority among practitioners. It is important to identify, describe and take practical account of legal and pedagogical patterns, peculiar legal and pedagogical phenomena and mechanisms, adequate scientific concepts, the creation of their own scientific paradigm, the analysis of pedagogical systems, meaningfully different in the main links from those studied in general pedagogy, pedagogical study inherent in law enforcement agencies and areas of activity that do not exist anywhere else and their pedagogical support, the development of pedagogical and legal theories on problems specific to law enforcement and methods for solving various professional and pedagogical problems. Unfortunately, the facts have not yet been eliminated when researchers show a weak ability to identify legal specifics, or reduce the latter to illustrating general pedagogical provisions with examples from law enforcement practice.

The principle of the unity of education, upbringing, training, development, activities, lifestyle and legally significant behavior, human actions. In legal and pedagogical manifestations, changes, improvements, he characterizes the most significant dependencies and influences that are found interconnected at the levels of an individual, groups of people, organizational structures. Systemic legal and pedagogical research, explanation of what is happening and the adoption of measures provides for their disclosure and improvement. Nothing can be changed in isolation from the other, outside the tangle of reasons and conditions given in the name of the principle. Pedagogical functionalism, expressed in a non-systemic, isolated understanding and solution of specific legal and pedagogical problems, is not adequate to the legal and pedagogical reality and is practically non-constructive.

The principle of specific and nonspecific, essential and mediating in the legal and pedagogical problem(subject of concrete research, understanding, solution). When studying a complex, multi-conditioned legal and pedagogical reality and implementing a systematic approach, it is easy to get lost in the position “everything affects everything,” although some inexperienced teachers mistakenly see this as the implementation of a systemic approach. It is not easy to understand the main thing in the intricate interweaving of dependencies, to get to the bottom of it, to separate the "grain from the chaff." In order to overcome this difficulty, to avoid mistakes and not to reduce the matter to trivial conclusions, we must try to separate in the problem that which belongs to its essence, constitutes its core, its qualitative originality (what distinguishes it from all others, even very similar ones), structure, content, from the fact that it is, as it were, surrounds and forms a complex of "external" causes and conditions affecting it. Then, in this, almost always multiple complex, highlight the "near" and "distant" zones of influence, including in the first one directly and most strongly affecting causes and conditions, and in the second weaker, indirectly affecting. Among those and others, there may be other (i.e., not related to the essence, the core of the problem being studied) pedagogical factors, but there may also be non-pedagogical in nature (legal, economic, psychological, organizational, managerial, etc.), but still having a pedagogical influence (i.e. teaching, upbringing, etc.).

In complex legal and pedagogical dependencies, there are practically no unambiguous influences. Considering the essence of the problem, it is important to avoid mechanism and remember that the connection between cause and effect, all patterns are always mediated by conditions. By changing the pedagogical conditions, for the same reasons, you can get different results and vice versa.

With the correct implementation of this principle, life problems cease to be seen as a "big buzzing confusion", and systematized, "sorted out", become understandable, as well as measures for their pedagogical resolution.

The principle of modernity (historicism) focuses on the study of the currently existing legal and pedagogical phenomena, their dependencies, tendencies of change. The legal arena is very dynamic. Pedagogical phenomena also have a concrete historical character. Education, upbringing, training, development cannot be timeless, divorced from the modern realities of life. The applied nature of legal pedagogy simply obliges to engage in the study of urgent, painful, promising, so far not amenable to successful practical solutions to the problems of creating a rule of law, strengthening the rule of law and law and order, the legal system, the activities of law enforcement and other bodies, the search for solutions and recommendations that meet the spirit of the times.

The principle of humanity, democracy and legality due to the tasks of building a Russian society with features corresponding to its desired future and overcoming obsolescent realities that contradict them. All pedagogical research is carried out constructively if the subject is cognized and evaluated from these positions, and the development of pedagogical improvements is aimed at strengthening them in the legal sphere.

The principle of constructiveness warns against reducing research to the statement of facts, to descriptiveness and prescribes to search, substantiate, experimentally test ways to improve the legal and pedagogical reality, the practice of the activities of state and law enforcement agencies. The strength of legal pedagogy, the potential for the growth of its authority and significance, is associated, like any branch of pedagogy, with the possibilities and scientific traditions of a detailed study of ways and proposals for improving practice. The theoretical solution of problems should be supplemented by the scientific development of work methods, pedagogical technologies.

Categorical and conceptual apparatus. Each specific area of \u200b\u200bscientific knowledge, along with general categories and concepts, has its own, behind which there is a specific phenomenology. This is the case in legal pedagogy as well. Its categories and concepts are distinguished by their originality, because they reflect the originality of the phenomena of legal and pedagogical reality. The categorical-conceptual apparatus has a methodological and theoretical significance, largely determines the state and development of legal pedagogy as a scientific discipline, the level of its self-knowledge and self-construction.

Development of categorical-conceptual apparatustook place in the research of all teachers involved in legal and pedagogical problems. HELL. Lazukin proposed its classification into groups:

1. System categories,characterizing the main (leading) elements of pedagogical reality in the legal system: the pedagogical approach to legal reality, the pedagogical reality of the legal system, the pedagogical subsystem of the legal system, the system of socio-pedagogical factors (actually pedagogical and pedagogically significant) in the field of law and order, the system of legal education, the pedagogical subsystem of management in law enforcement agencies, the pedagogical system of legal education, the system of legal education, training, development, the pedagogical system of professional training, the system of special methodological principles of legal and pedagogical research, etc .;

2. Item categorieslegal and pedagogical systems for ensuring law enforcement: pedagogical goals, pedagogical tasks, legal and pedagogical facts, patterns and mechanisms, pedagogical factors, pedagogical conditions, pedagogical tools, pedagogical techniques, pedagogical rules, criteria for the effectiveness of pedagogical activity, results of pedagogical activity, pedagogical results, pedagogical influences, pedagogical
influences, pedagogical implications, legal socialization, etc .;

3. Private pedagogical categories,used in the characterization of certain issues of pedagogical support of law enforcement: legal education, legal training, legal education, legal development, professional and pedagogical training, pedagogical support, pedagogical support, legal knowledge, legal skills, legal skills, legal awareness, legal beliefs, law-abiding (lawful ) behavior, reeducation, methods of legal educational influence, legal conviction,
exercise in the implementation of legal norms, legal enforcement
(punishment), etc.

The originality of legal and pedagogical reality is clearly visible even from the above list of categories and concepts. In the future, as research unfolds, it will undoubtedly be enriched both in quantity and in content.

Research methods and techniques. Basically, the methods and methods of research (studying a specific pedagogical problem), drawing conclusions, assessments, proofs, justifications, theories in legal pedagogy correspond to general pedagogical ones. But there are also features a set of methods of legal and pedagogical research,presented in Fig. 3.

Organizational methods -methods of planning, preparation and construction of research. The most important of them are:

A method for studying the state of research of the problem. Any research should begin with the study of scientific publications on the problem. It is not worth “reinventing the wheel, you cannot improve anything without knowing what has been done in pedagogical science to solve the problem of interest. It is a mistake to think that you are starting from scratch. Even if there are no special legal pedagogical publications, then there are always fundamental, significant works on general pedagogy, illuminating the distant approaches and the path to the problem. Every young researcher should "stand on the shoulders" of those who worked before him and try to "raise the bar" of a positive solution to the problem higher;

- scientific hypothesis development method(initial pedagogical modeling). General scientific method, which consists in the development of a theoretical, a priori vision of the problem by the researcher, its independent understanding and solutions. A scientific hypothesis arises on the basis of a researcher's study of the state of research of a problem (according to its illumination in scientific literature) in the form of a mental picture (model) of it and ways of solving it, which are then embodied in writing, sometimes supplemented by a graphic image. This organizational method is extremely important, because it is of a scientific and strategic nature, permeating all subsequent research of the problem: planning, selection of methods, collection of factual material, its analysis, and evaluation. As a result, conclusions are drawn that confirm the initial theoretical assumptions or do not confirm (partially do not confirm), draw conclusions, develop appropriate recommendations and note how to continue researching the problem;

- systemic, comparative and longitudinal methods.They
refer to the general methods of organizing research: systemic
involves the study not of isolated pedagogical phenomena in isolation from others, but as functioning in a single complex, in the pedagogical system, in a certain environment, conditions; comparative is characterized by comparison of data obtained simultaneously (or within a short period of time) on different groups of subjects, under different conditions; longitudinal is focused on comparing data obtained on the same subjects, but froma certain interval (for example, at the beginning of the school year and at the end, etc.). A combination of them is also possible;

Data collection methodsare designed to identify reliable facts (events, signs, actions, actions, relationships, figures, statements, influencing factors, etc.):

- biographical:biography data, autobiography, obtaining information from persons who know the life history of the subject, identifying the factors that influenced him in the history of his life (ontological development);

- activity:video filming, timing, pedagogical analysis of the nature and characteristics of the activity carried out by the studied citizen, student, teacher, leader, goals, attitudes towards it and methods of implementation; fixation of the manifestation in it of their education, training, good breeding and development and its reverse influence on them; actions and deeds; a system of hobbies and activities and the definition of priorities in them;

Fig. 3. Research methods of legal pedagogy

- praximetric: collecting facts about pedagogical experience, identifying and fixing self-assessments, introspection, results of activities, actions,
actions in which the pedagogical characteristics of the studied personality are manifested; pedagogical content analysis (collection of representation in publications, documents, essays, plans, reports, etc.); pedagogical dimension (nominal, ordinal, quantitative); expert pedagogical assessment of the observed;

- contact:questioning, conversation, poll, interview, discussion, pedagogical observation, participation in work, performing tasks, playing with simultaneous observation;

- test:control survey, test work, composition, measurement of standards for performing actions, assessment of intelligence, memory, learning, determination of abilities;

- socio-pedagogical:identification of the characteristics of the environment, living conditions, social circle, content of leisure, preferred groups and individuals under study, the characteristics of the latter;

- experimental:ascertaining and forming pedagogical experiments.

Data processing methodsare largely of a general scientific nature. Interpretive methodsare designed to provide formulation of well-grounded conclusions and proposals based on the collected material and arising from it.

Research methodology (studying a certain pedagogical problem of legal reality) - methods and techniques for concretizing and implementing methods, their integration, sequence of application in accordance with the specifics of the tasks and the subject of research and the requirements of reliability, validity and accuracy.

Depending on the characteristics of the studied components of the pedagogical reality, the methodology can be mostly testor predominantly interpretive, understanding.

Test Methodis saturated with the use of methods that allow you to accurately record and reliably (with minimal subjectivity - the influence of the personality of the researcher, bringing him his individual characteristics, preferences and views in the collection of information, conclusions and assessments of the studied), in full compliance with the real essence, identify the studied pedagogical reality in scientific knowledge and recommendations and solutions developed on its basis. A pedagogical test is a definite pedagogical test, valid, standardized, reliable, confirmed in numerous studies, checks and revealing exactly what it is designed for in pedagogical reality.

The test methodology (so far, at least, for pedagogical testing has not yet been developed enough) is possible when studying relatively simple components and elements of pedagogical reality that can be accurately fixed and identified. These include methods of studying and assessing the knowledge of students, their skills, abilities, the properties of learning, memory, attention, the effectiveness of methods of storytelling, explanation, demonstration, exercise, etc.

However, many pedagogical facts, patterns, mechanisms are difficult to fix. Methods that make it possible to accurately state them, make categorical conclusions, and give sufficiently reliable estimates are still poorly developed in pedagogy, and they cannot be compensated even by the use of sociological and psychological methods. Indeed, how to measure upbringing, culture, education, spirituality of a person, his sense of justice; what is the test to separate knowledge from belief; how to define humanity, conscientiousness, decency, conscientiousness of a person, etc. etc.? It is necessary to painstakingly and for a long time to collect various facts of life, behavior and human activity. Methods that are not devoid of subjectivity are used: self-analysis of the subject, self-report, self-esteem; biographical method, autobiography analysis; analysis of essays, letters, diaries, statements, opinions, interests, relationships, preferred for reading books, personal audio and video libraries, adherence to fashion, actions, hobbies, circle of friends, opinions of other people about the subject; observation of the subject, participation in his work, play, leisure; conversation, dispute and much more. The maximum exclusion of subjectivity and obtaining sufficiently reliable conclusions is achieved when the research is constructed with exact observance of the requirements of statistical reliability, a comprehensive application of methods that ensure mutual verification, interpretation of data with a strict orientation towards observance of the principles of legal and pedagogical research, conducting pedagogical consultations, expert and experimental verification of conclusions, conclusions and recommendations. The research, professional and life experience of the researcher, his intuition, formed in rich experience, plays a significant role in the methodology, which is predominantly of an interpretational nature.

When developing a methodology, selecting methods and adapting themto the problem under study, taking into account its legal and pedagogical specifics, it is useful to use "Matrix of techniques".The work is carried out in three stages with the compilation of a matrix table. The first one gives a specific answer to the question - what to study? The answer is based on a breakdown of the content of the research into private position-questions (for example, sections, chapters, paragraphs or lists of questions, the answer to which requires the solution of the problem under study). Then each position is detailed and a set of legal and pedagogical phenomena is determined, the study of the totality of which gives an answer to each particular question. All this is done based on the methodology and the implementation of its principles, as well as on in-depth study of theory and publications on the problem. The finally developed list of questions and phenomena fits into the horizontal top line of the matrix table. Each question and the phenomena included in it are highlighted in vertical columns. A clearly outlined field “the field of research, divided into“ areas ”appears.

The second stage is the search for an answer to the question: how to study? The first left vertical column titled "Methods" is highlighted. The scientific and pedagogical methods selected for research are consistently included in it. For example, a decision is made to use the questionnaire method. It at number 1 fits into the first line of the "Methods" column. Then, moving mentally horizontally from left to right, the researcher looks through all the "sections of the research field" in sequence. In those vertical columns, where there are pedagogical phenomena, information about which can be obtained using the questionnaire, crosses are put. This is also the case with other methods that fit into the following lines, for example, pedagogical observation, pedagogical analysis, etc. The selection of methods continues until all vertical columns are covered with crosses, and each at least twice (ensuring reliability, mutual verification of the received data). When selecting, preference is given to the most valid, reliable, specific, economical. Redundant methods, the least productive, requiring a large investment of time and money, at the end of the stage, if this does not fundamentally reduce the requirement of scientific character, are excluded. There remains a sufficient set of methods, which will then be used in the study.

The third stage is the maximum possible adaptation of the outlined methods to the specifics of the ongoing legal and psychological research. The matrix suggests the content of this work. So, the structure, logic of the questionnaire questions and their content is determined by the set and sequence of marks put in the vertical columns. The development of methods of pedagogical observation, analysis, and partially others is done according to the same scheme.

This ensures the interconnection and unity of the applied set of methods, the scientific nature of the results obtained as a result.

The result of the research always directly depends on the correct selection and development of a set of methods, and errors in this lead to quasi-scientific conclusions and recommendations. Focusing on methodology and using a matrix of techniques allows you to avoid blunders and achieve success.

Pedagogical activity and its features legal pedagogy. Legal pedagogy textbook publishing house norm. Types of educational technologies

Isbn 978-5-468-00150-9

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