legal culture
Legal education as constitutional value: Problems of forming the student’s legal culture |
Introduction. The specifi cs of modern professional legal education are inherently linked with the need to form the legal culture of a lawyer, which is an important constitutional value. The fundamental paramount role of legal education as a constitutional value is traced not only in the course of formation of sense of justice and the legal culture of future lawyers, but also indirectly, through realization of a professional component: law-making, law-enforcement, law-enforcement activity. In this regard, the formation of the professional legal culture of students in legal education is one of the most important aspects of their studies, and is a prerequisite for the eff ective implementation of national law in their subsequent professional activities. Theoretical analysis.The authors made an attempt to comprehensively study the factors that infl uence the process of forming the professional competencies of future lawyers, in particular their moral orientation, necessary to serve “law.”Empirical analysis. We analyzed the professional competencies that determine the demand for graduates of legal universities on the labor market and are regulated by the Federal Law "On education in the Russian Federation", as well as requirements for lawyers specifi ed by employers. Results. The authors conclude that a carefully organized legal education system can be eff ective only when the legal culture of a lawyer is brought up and formed while training students, with a responsible attitude to the duty to serve the law and the interests of society. |
Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 1 |
On Mediation and Legal Culture Interconnections |
Introduction. Along with other alternative means for dispute settlement the institute of mediation is a feature of a sophisticated civil society, an indicator of high-level legal culture and mature economic exchange, crucial criterion of a democratic development. Meanwhile there is no widespread application of mediative procedures in Russia. Purpose. The goal of the article is to discover and to give theoretical prove to cause-and-effect relation between the development of alternative means for dispute and conflict settlement and the level of the legal culture in the society. Results. Within the methodology of the communicative science the author di scovers the matter of the mediation as a specific type of social relation on the basis of the directed information transfer. Mediation procedures application is aimed on mutually beneficial dispute settlement and is an evidence of sophisticated civil society and state of law. The main function of a mediator is to settle the conflict by the means of satisfaction of the genuine interests of the both sides. Law implementation and development of modern standard of dispute settlement and wider usage of alternative means for dispute settlement come across the great number of subjective and objective obstacles. In author’s opinion one of such problems is insufficient level of legal culture in Russian society. Conclusion. The author concludes that mediation is a new level of communication between people. Thanks to the mediation, sides of a conflict get an opportunity to be heard and to understand each other genuine needs and interests, which is the only way to reach an accordance. Owing to flexibility and optionality alternative means for dispute settlement permit to work out the most adequate conflict judgement and thus promote partner relations, develop the standard of pacific and independent settlement of conflicts by the subjects of the civil circulation. Extent to which prevalence and efficiency of the mediation has spread is a criterion of social maturity and citizens’ readiness to take personal responsibility. |
IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2016. Т. 16, вып. 4 |