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Pedagogy and education
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The philosophy of law as a tool for the formation of legal awareness among young people in the process of education

Slanov Oleg Taimurazovich

ORCID: 0009-0002-9876-078X

Postgraduate student, Department of Production Organization and Industrial Economics, North Caucasus Mining and Metallurgical Institute (State Technological University)

44 Vatutina str., Vladikavkaz, Republic of North Ossetia-Alania, Russia, 362025

slanov_oleg@inbox.ru
Other publications by this author
 

 

DOI:

10.7256/2454-0676.2024.3.43688

EDN:

EUMIMJ

Received:

01-08-2023


Published:

06-10-2024


Abstract: The subject of this study is the philosophy of law and its role in the formation of legal awareness among young people in the educational process. The aim of the work is to identify the influence of the philosophy of law on the formation of legal culture and lawful behavior, as well as the development of methods and techniques that will help to successfully implement the formation of legal awareness. The methodology of the work includes the analysis of theoretical works and research in the field of philosophy of law, the study of the experience of practical application of philosophical concepts. In order to identify knowledge and ideas about law, as well as the level of development of legal awareness, the results of a sociological study are presented, including questionnaires and interviews of young people. The novelty of the work lies in the analysis of modern methods and approaches in educational activities aimed at the formation of legal awareness, as well as in identifying factors influencing the successful implementation of this process. In addition, the study covers not only theoretical aspects of the philosophy of law, but also practical aspects related to the application of legal norms and the adoption of legitimate decisions. The results of the work allow us to identify a number of important factors that influence the formation of legal awareness among young people in the learning process. Firstly, the active use of the philosophy of law as an academic discipline allows students to significantly deepen their knowledge of the basics of law, its values and principles. Secondly, the inclusion of practical tasks and situations in the educational process that require the analysis of legal norms and decision-making based on legal awareness helps students develop practical skills of legal activity. The obtained conclusions show the need to strengthen the role of the philosophy of law in the educational process for the effective formation of legal awareness, the importance of not only theoretical, but also practical training of students in the field of law in order to apply their knowledge in practice and make positive changes in the legal environment of society is emphasized.


Keywords:

legal consciousness, legal behavior, legal culture, pedagogy, legal regulation, philosophy of law, legal education, educational process, education, legal socialization

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The formation of the legal consciousness of young people is a socially significant practical task due to the modern stage of development of Russian society in line with the concept of the rule of law [1, p. 114]. In this process, a significant role is played by the philosophy of law, which is a scientific discipline that studies the essence and principles of law, its main categories, goals and values, as well as the role of law in society and the legal systems of various states.

According to the definition of the German philosopher of art and law I.G. Fichte, the philosophy of law is "the science of law and the history of its origin, development and essence" [2, p. 45]. It covers various aspects of law, including its historical development, philosophical foundations and problems, as well as the relationship of law with other areas of human activity.

However, the philosophy of law as a scientific discipline is not given due attention in the educational process. As a rule, "philosophy of law is given one academic lesson within the framework of the discipline "philosophy", and in some cases the lack of philosophical and legal literacy is compensated within the framework of legal disciplines, which, however, is not normalized by the education system in any way" [2, p. 45].

The philosophy of law is a comprehensive study of the principles and rules that govern the activities and relationships of people in society. The philosophy of law helps students to understand the essence of law, its origin and significance for modern society. However, special attention should be paid to how the philosophy of law shapes the legal consciousness of young people.

First of all, the philosophy of law contributes to the formation of a conscious attitude towards law and law among young students [3, p. 104]. Students study the history of the development of law, its basic principles and values, as well as the system of its sources. This allows them to understand the expediency and necessity of observing legal norms and rules in society. The philosophy of law helps young people realize that laws are the basis for the existence of the state and society, and that every citizen is obliged to comply with them.

In addition, the philosophy of law helps young people realize that legal awareness is inextricably linked with morality and ethical principles [4, p. 22]. The philosophy of law promotes the development of students' sense of justice and respect for the rights of others. It helps young people understand that everyone has the right to fair treatment by society and the State, as well as freedom and protection of their rights and legitimate interests. The philosophy of law allows young people to see law not only as a means of limiting their freedoms, but also as a tool for protecting and developing their personality.

The philosophy of law is a scientific and philosophical discipline that considers law and the legal system as sociocultural phenomena. Its subject and object is the philosophical and legal discourse, which covers universal and universal legal problems. The philosophy of law goes beyond jurisprudence and explores the philosophical aspects of law, its essence, values and spiritual foundations. It helps to understand the place of law in society, its role and functions, as well as ways of its implementation and development. The philosophy of law contributes to the formation of a critical and meaningful approach to law, which is of great importance for the development of legal culture and civil society. The philosophy of law explores the main issues related to the concept and functions of law. She studies the philosophical foundations of law, its relationship to morality and society. The philosophy of law helps to understand the values and principles on which the legal order is based.

Philosophy makes it possible to analyze legal phenomena from the standpoint of various philosophical schools and concepts. This helps to develop the legal system. Philosophical and legal discourse has its own characteristics, which are determined by the culture and history of society. It includes a discussion of various concepts of law, such as legal positivism, natural law and legal realism - different approaches allow a deeper understanding of the essence and purpose of law.

The philosophy of law plays an important role in the development and improvement of the modern legal system. It allows us to better understand and evaluate law and its philosophical foundations, and also contributes to the development of this field of philosophy. The study of legal awareness is a matter of philosophy of law, not jurisprudence. Strictly speaking, "the value content of law, the mental representation of legal reality, the ideal in the field of law, the ratio of morality and law, law and laws are classic debatable issues of the philosophy of law" [5, p. 62].

The concept of "legal awareness" includes not only knowledge of normative legal acts, norms, principles, but also the ability to analyze and apply them in social interaction. The philosophy of law as a science of law, truth and justice plays an important role in the formation of legal awareness among young people.

However, only a theoretical study of the legal aspects may not be sufficient to understand and apply them in practice. That is why it is necessary to combine theory and practice in teaching law. It is important that the educational process includes various forms of work with students, for example, seminars, discussions, practical tasks and situational tasks.

Systematic acquaintance with the philosophical foundations of law makes it possible to realize the values, principles and norms underlying the legal system. However, students should also be able to apply their knowledge in practical activities in order to form a practical legal awareness.

It is also important to understand that the legal reality can be complex and multifaceted. Therefore, it is important that the philosophy of law takes into account different opinions and points of view, as well as adapts to changing circumstances. That is why a critical attitude to the philosophy of law is necessary for the continuous improvement of the legal system and the development of society as a whole.

The formed legal awareness of young people is aimed at creating a law-abiding and fair society. Theoretical and practical aspects of the philosophy of law are important for the formation of a holistic understanding of law and its application in real life. However, it is necessary to maintain a critical approach to philosophical discussions in order to ensure the harmonization of legal awareness and practice of legal relations.

It is also noted that "the philosophy of law as a socio-cultural phenomenon and an open theoretical discussion is the only sphere of human activity in which the legal consciousness directly addresses itself" [6, p. 19]. This means that "in the system of philosophy of law, the possibility opens up not only for the formation of legal awareness at the individual level, but also for the progressive dialectical development of legal awareness on the scale of society. The critical function of philosophical and legal reflection reveals points of growth in the system of legal reality, provides the most important theoretical basis for the development of the legal sphere of society" [7, p. 49].

So, the philosophy of law plays an important role in shaping the legal awareness of young people in the educational process. Educating students in the field of law helps them realize their rights, as well as the responsibilities that are also assigned to them. The philosophy of law promotes the development of students' critical thinking, a deep understanding of the laws and their social significance. When studying the philosophy of law, students are provided with tools for analyzing and understanding justice, morality and law.

One example of the influence of the philosophy of law on students' awareness of their rights is the analysis of modern political events and their correlation with constitutional norms. By studying the philosophy of law, students can assess how these events correspond to the principles of justice and the realization of citizens' rights and freedoms. For example, by analyzing cases of violations of human rights and civil liberties, such as harassment of activists, repression of the opposition, or restrictions on freedom of speech, students can better understand the importance and significance of the rights and freedoms guaranteed by the Constitution.

The philosophy of law also helps students understand the importance of legal norms and their role in society. The study of works of legal thought, such as "Philosophy of Law. Essays" (E.A. Florova) [9] and "Law and Culture" (V.S. Nersesyants et al.) [10], allows students to realize that rights are not arbitrary and changeable, but have deep historical roots and justifications.

In addition, the philosophy of law helps students develop the ability to think abstractly and analyze complex legal problems. For example, studying the ethical and moral aspects of law allows students to get into the concept of justice and morality, as well as realize that not everything that is legal is morally acceptable.

Thus, the philosophy of law is an important tool for the formation of legal awareness among young people in the educational process. It allows you to realize your rights and responsibilities, develop critical thinking and analytical skills, as well as deepen your understanding of laws and their social significance. The study of the philosophy of law contributes to the formation of a responsible and conscious attitude to legal norms, which is an important factor for the development of civil society [10, p. 134].

The problem of low legal awareness among young people is relevant and acutely discussed in modern society. Lack of understanding and awareness of one's rights and responsibilities can lead to negative consequences, including destructive behavior and violation of laws. However, the question of who should be responsible for the low legal awareness of young people is more complex and requires comprehensive consideration.

One of the tools that can help in the formation of legal awareness among young people is the philosophy of law. It helps young people to realize the importance of law for society and the individual, and forms their right attitude to the law.

In modern educational practice, there is an increasing tendency to include the philosophy of law in curricula for students of legal and humanitarian specialties. Thanks to this, young people not only gain knowledge about law, but also learn to analyze and comprehend it in the context of social and moral values.

One of the key aspects of the philosophy of law is ethics. The philosophy of law helps students to reflect and analyze the moral and ethical aspects of law, which contributes to the development of legal awareness among young people. For example, students analyze ethical issues that arise in legal practice and develop their own opinions on such issues. This process contributes to the formation of students' correct attitude to the law and understanding of its role in society.

The philosophy of law also allows young people to reflect on justice and equality before the law. It helps to realize that justice should be independent and, despite personal preferences, should be based on an objective assessment of the facts. The philosophy of law teaches critical thinking and the ability to analyze different points of view, which is especially important for the formation of a legal consciousness capable of fairly evaluating the law and acting in accordance with it.

The process of legal awareness formation is not limited only to educational institutions. The media, especially the Internet, also play an important role in this process. Today's youth make extensive use of the Internet to obtain information and communicate. However, the Internet can also be a source of false or unreliable information that can distort the legal awareness of young people.

Research shows that young people, especially teenagers, are negatively influenced by various websites and social networks [11, p. 307]. Many of them spread false information about legal issues, promote violations of laws, and sometimes the denial of values such as freedom, equality and justice. Thus, young people get a distorted idea of the role of law in society, as well as their rights and responsibilities.

In this case, parents, educational institutions and the state are responsible for the low legal awareness of young people. Parents play a key role in educating children's legal awareness. They should instill in children an understanding of the meaning and value of law, as well as teach them a conscious attitude to the law. Educational institutions, in turn, should include subjects on legal education and philosophy of law in their curricula.

The State also plays an important role in shaping the legal awareness of young people. It should provide young people with access to reliable and reliable information about the rights and responsibilities of citizens. In addition, the State should develop and adopt laws that reflect the common values and interests of society, while at the same time taking into account the needs and rights of young people.

An important problem is the formation of legal socialization of a student at the university, as this is one of the main dominants in the formation of legal awareness. The leading role in the formation of legal consciousness of students is played by the legal socialization of the individual - the process of forming his ideas about law and attitudes towards it. P. Berger and T. Lukman distinguish two types of socialization: primary and secondary [12, p. 127].

Legal socialization of students includes mastering the norms and rules that regulate social relations, as well as the formation of legal thinking and responsibility for their actions. This is necessary for successful adaptation in modern society and protection of their interests. Legal socialization helps students understand and respect the rights of others, as well as develops their skills in constructive conflict resolution. Such socialization is especially important for future lawyers and specialists in the field of justice. The specificity of legal socialization is that "it is developed in the process of education, when a person has already accumulated cultural and legal patterns and mastered social norms" [13, p. 45].

An important aspect of legal socialization is the ability of students to analyze and evaluate legal situations, make informed decisions and act in accordance with them.

For successful legal socialization of students, it is necessary to create conditions conducive to their active participation in legal processes and having a positive impact on the formation of legal awareness. These can be various lectures, seminars, discussions, practical exercises, solving situational problems, as well as participation in legal competitions and events.

Within the framework of legal socialization, an individual gets acquainted with the legal norms and rules of society, carries out their approbation, internally accepting them, and strives to comply with these norms and rules in everyday life. Legal socialization begins in childhood, with family, kindergarten and school, and then continues in studies, work and other areas of life. It forms an individual's legal consciousness, sense of justice and respect for the rights and freedoms of others. Without legal socialization, it is impossible to ensure the harmonization of the existence of society, since each member of society will then act according to their own rules, commensurate with the level of their worldview, worldview, worldview, which will lead to chaos, instability and conflicts.

Successful legal socialization contributes to the formation of a stable legal culture and civic identity, which is a prerequisite for the development of a democratic society. Due to legal socialization, the development of individuality takes place, the desire of the individual to express his legal claims, needs, and characteristics.

Three types of legal socialization can be distinguished: socialization through learning, socialization through the transfer of experience, and "symbolic socialization" [14, p. 34].

Legal socialization, when an individual (the subject of cognition) receives education in the process of legal education, training, forms in the subject of cognition not only knowledge of the norms of law, but also a legal understanding, understanding of the essence of the law and law in general, the need to comply with the rule of law.

Starting with conditional socialization based on everyday ideas about law and the state, legal socialization gradually penetrates into the worldview, worldview, and worldview of a person, influencing her habits and skills of legal behavior. Due to legal socialization, a person acquires a legal identity, an understanding of his role in the life of society, and value stereotypes. In this way, legal socialization contributes to the development of citizenship and legal culture, forms a "homo juridicus".

Legal socialization should be understood not only as knowledge and observance of legal norms and rules of behavior in society, but also as an inner understanding and sincere desire to comply with them. It is this motivation that allows you to form a responsible personality and maintain stability in society. A person who sincerely delves into legal norms and values becomes a conscious citizen who is able to correlate his behavior with public interests and needs.

Legal socialization takes on more distinct forms: "this happens when a person, having matured, becomes a full-fledged participant in legal relations and is faced with the need to independently defend their rights, enter into relationships with other people in a civilized manner and fulfill their duties to society" [15, p. 76].

According to Russian research, the most frequently used sources of legal information are the media (1st place), television (2nd), personal observations and conversations with friends (3rd), cinema (4th), special lectures (8th) and legal literature (9the) [14, p. 45]. In addition, the importance of different institutions of legal socialization may vary depending on the age of the subject of socialization.

Legal socialization is aimed at the development of intellectual and ethical qualities of a person, as well as the formation of social skills and abilities necessary for life in society.

However, it is important to note that education is not the only factor determining legal socialization. Parents, relatives, friends, the media and other elements of the environment also influence the formation of legal awareness. In addition, historical, cultural and traditional factors have a significant impact.

Legal socialization can be successful only with the combination of all these factors that interact with each other. It is important that education, family, society and other factors are aimed at forming a person's respect for the law, ethics and the rights of other people.

Thus, legal socialization is a complex process in which many factors work together. It requires a system of interaction between education, family, society and culture so that a person becomes a law-conscious and responsible citizen.

Education forms thinking, abilities and skills, helps to establish a connection with the history and traditions of their people. It allows you to develop not only in the scientific field, but also in the social sphere, expands your horizons and gives you the opportunity to realize your role in society. Considering all this, the education system is a key element of personality formation and the development of civil society.

Thus, the philosophy of law plays a key role in shaping the legal awareness of young people in the educational process. This allows not only to reflect the final forms of legal awareness, but also contributes to their development, and the direction of this development cannot be predicted. To solve this problem, philosophical and legal ideas should be popularized in society and the philosophy of law should be more fully represented in the educational system as an independent discipline. There are risks of losing control over the legal development of society if work is not carried out to disseminate and understand philosophical and legal concepts. The assessment of the real degree of control over the legal development of society can be the subject of discussion. However, it is important to define a theoretical position on the role of the philosophy of law in the formation of legal awareness of students.

References
1Fichte's Philosophy in Russia. (2000). Edited by V. F. Pustarnakov. SPb.: RGHI.
2. Belyakov, S. G. et al. (2019). The role of philosophy of law in the formation of legal consciousness of youth. Scientific Bulletin of the State Autonomous Educational Institution of Higher Education "Nevinnomyssk State Humanitarian-Technical Institute", 1, 114-117.
3. Khudoykina, T. V. (2015). Technology of assessment and measurement of legal consciousness. Theory and practice of social development, 21, 104-106.
4. Abdurazakova, D. M. et al. (2011). Factors of formation of legal consciousness among students. Izvestiya Dagestan State Pedagogical University. Ser.: Psychological and pedagogical sciences, 4, 22-25.
5. Meshcheryakov, A. V. et al.(2014). Personal behavior in the legal sphere: external and internal determinahts. Jurist-Lawyer, 2(63), 62-64.
6. Zakhartsev, S. I. et al. (2015). How to cognize the law? We propose a comprehend approach. Legal field of modern economy, 9, 17-30.
7. Zakhartsev, S. I. (2012). Pravosoconsciousness: concept and levels. Legal field of modern economy, 2, 48-53.
8. Frolova, E.A. (2022). Philosophy of Law. Essays. Moscow: Prospect.
9. Nersesyants, V. S., Muromtsev, G. I., Maltsev, G. I. and others (2002). Law and Culture. Monograph. Moscow: RUDN.
10. Shatsionok, I. I. (2014). Pravosoconsciousness as an object of sociophilosophical analysis. Philosophy of Education, 4, 134-141.
11. Rogach, O. V., & Frolova, E. V. (2022). Analysis of the influence of social networks on modern teenagers: key problems and destructive consequences. Vestnik of Perm University. Philosophy. Psychology. Sociology, 2, 305-314.
12. Berger, P., & Lukman, T. (1995). The Social Construction of Reality: A Treatise on the Sociology of Knowledge. Moscow: Medium.
13. Turchenco, V. N. (1973). NTR and Revolution in Education. Moscow: Politizdat.
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15. Nalivaiko, N. V. (2008). Philosophy of Education. Novosibirsk: SB RAS.

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The object of research in the manuscript submitted for review is the formation of legal awareness of youth as a pedagogical process, the subject is the use of the potential of the discipline "Philosophy of Law" for these purposes. The relevance of the study is beyond doubt due to the fact that before the introduction of the compulsory course "Fundamentals of Russian Statehood" there were not so many disciplines in non-legal programs directly aimed at the formation of legal awareness. On the other hand, it is obvious that without the latter, it is not possible for a person to function in a civil society, and therefore socialization. Thus, against the background of the contradiction between the enormous social significance of the phenomenon and the relative scarcity of resources for its implementation, there is a real methodological need to study individual disciplines for appropriate potential, which allows us to talk about the elements of novelty in the work. The work is exclusively theoretical in nature, and the main and only research method is a comprehensive interdisciplinary humanitarian analysis, which is sufficient for research in the format of a journal article. From a linguistic and stylistic point of view, the article is written in a language that fully complies with the norms of scientific style. The author's communication with readers is felt in the text, which deserves attention and is especially valuable for the magazine genre. The list of references meets the requirements and finds a real meaningful reflection on the pages of the work. The article may be of interest not only to the pedagogical audience, but also to the widest range of readers interested in interdisciplinary humanities, problems of development of society, personality, etc.. From a structural point of view, the main comment on the work is the absence of splitting the text into meaningfully interrelated parts, the unity and sequence of which reflects the logic of the study. A solid text is more typical for a journalistic or educational genre. From a meaningful point of view, all comments on the work are reduced to the fact that the phenomena under study are disclosed at the level of general significance and potential for pedagogical work, while the designated work itself is not described in traditionally accepted pedagogical categories. Even in purely theoretical works, one can expect a bridge to practice at least at the level of designated paths, promising approaches and any vectors of practical use of the understanding formed at the level of theoretical analysis. Touching upon a very large number of issues significant from the point of view of education and society, the author does not approach the description of work at the level of specific methods, forms, techniques, means, as well as their defining principles and approaches. This somewhat moves the article away from the scientific genre in the traditional sense and brings it closer to the educational genre. Nevertheless, taking into account the high relevance, original author's reasoning, the real author's contribution to the text and the general substantive correspondence to the subject of the journal, this manuscript deserves publication.