Lesson in social science on the topic "Prerequisites for lawful behavior"
Purpose: to consider the prerequisites for lawful behavior: legal consciousness, legal culture.
Subject: social science.
Date: "____" ____.20___
I.Message about the topic and purpose of the lesson.
What makes a person act in accordance with the rule of law? What legal knowledge do we need? Who can be called a right-wing person?
III.Presentation of the program material.
At all times, society has sought to create patterns of behavior that would not contradict the rule of law and the public good. But almost always it faced a problem: how to embody these patterns in real life, how to make them the norm for a given society. Consider what is necessary in order for the behavior of each of us to be called lawful.
legal consciousness
Legal consciousness(or sense of justice) is the attitude of people to law, current legislation and legal practice.
Lawyers believe that every person should be free within the strict limits of law and be able to independently exercise their choice of behavior. Every person has a sense of justice.
Legal consciousness presupposes, on the one hand, knowledge of law, an idea of what good, fair, necessary laws should be, on what principles and ideas they should be built; on the other hand, the approval or disapproval of newly adopted laws, specific draft regulations, etc. Thus, the Federal Law “On Veterans” adopted in 1995 evoked a positive attitude from those who have a long and difficult life behind them. The benefits and guarantees established in the law were perceived as care (albeit belated) for those who have done so much for the Fatherland, but are no longer able to take care of themselves. However, many soon became disillusioned with the law, since it was practically not provided financially. Therefore, the real implementation of the Federal Law "On Veterans" began only in 1998.
So, legal consciousness consists of knowledge of law, legal ideology, right psychology and a behavioral element (attitudes).
Law Knowledge includes knowledge of the norms of the Constitution of the Russian Federation, the content of the most important federal laws, including the main provisions of industry codes; understanding the essence of legal doctrines and doctrines; orientation in the hierarchy of legal acts; observation through the media of the activities of legislative bodies, as well as awareness of the latest regulatory legal acts. The amount of this information depends on life experience, interests, level of education, availability of general education or professional legal training, place of work of a person.
Depending on the level of knowledge, legal consciousness is divided into mundane, professional and scientific.
Legal knowledge at the level of ordinary legal consciousness is limited by personal experience and worldly ideas. Such knowledge is fragmented, often superficial. Professional legal awareness includes special legal knowledge, which is manifested in the ability to competently apply legal norms and perform high-quality work in the field of law. The content of scientific legal consciousness is made up of deep legal generalizations, legal ideas and theories. (Think about whether this classification takes into account all levels of legal consciousness. To what level could you attribute the legal consciousness of a secondary school student who studies law in the classroom? And a graduate of a school, college, technical school (non-legal profile)? Graduate of a non-legal university?)
Legal ideology - this is an attitude to legal knowledge, their assessment from the point of view of a certain system of values. It reflects what the law should be from the point of view of justice, what values the law should affirm and protect, what goals the law has and by what legal means they should be achieved. It is obvious that legal ideas are embodied universal personal values: life, honor, dignity, freedom of the individual, his legal security and social security, as well as values of a public nature: democracy, legality, law and order, political and ideological pluralism, etc. It is on the basis of these values that the fundamental ideas and principles of legal consciousness are formed, which should become and become the principles of law as a result of lawmaking. At the same time, it must be remembered that legal consciousness is formed in specific social conditions, reflects the values recognized in society, which society as a whole or its individual social groups and classes are guided by.
Legal psychology - these are feelings, emotions, in which the attitude to law and laws is expressed. They are based on right assessments. Estimates are based on legal ideas, ideas about what fair laws should be, effective in achieving certain goals and in affirming certain values.
The behavioral element of legal consciousness is manifested in legal attitudes. Legal setting - this is a certain psychological state of a person, formed by the conditions of his life, upbringing, including legal education, based on the acceptance of values enshrined in law. The legal attitude is the psychological readiness of the individual to comply with the rule of law. The anti-legal attitude is based on the rejection of the values approved by law. It reflects the predisposition to violate the law.
Legal consciousness can act as legal consciousness individual(personal relationship of a person to law), group(attitude to the law of various social groups, civil servants, officials, youth, peasants, etc.), public(legal consciousness of the whole society).
Let's look at how law and legal consciousness interact.
Firstly, legal consciousness has an impact on lawmaking and through it on the content of law. When adopting normative acts, the legislator is obliged to take into account the level of legal consciousness of society and individual groups of the population, to embody the legal ideas prevailing in society in laws.
Secondly, legal consciousness is taken into account in the course of law enforcement. Individual legal decisions are made on the basis of the law, but taking into account the sense of justice. So, for example, according to the law, the judge decides the case, guided by a specific article of the law and his own sense of justice.
Thirdly, the level of legal awareness of society (knowledge of law, its positive assessments) contributes to the observance and enforcement of law. With a developed sense of justice, certain legal phenomena are easier and more correctly assessed.
In turn, law forms the legal consciousness of each of us, contributes to the introduction of legal ideas into our consciousness.
legal culture
Legal culture - it is part of the general culture, distinguish between the legal culture of the individual and the legal culture of society.
Legal culture of the individual - it is, first of all, the level of knowledge of the law by each of us, respect for the law. The legal culture of the individual is closely connected with legal consciousness and relies on it. It includes legal knowledge, ideas and beliefs that make it possible to distinguish correct and acceptable behavior from incorrect and unacceptable.
In addition, the legal culture includes behavior in accordance with the requirements of legal norms, respect for the rights of others and conscientious performance of one's duties. Legal culture presupposes the presence of such moral personal qualities as conscientiousness, justice, honesty, self-esteem, kindness. It is characterized by a certain level of legal activity, thanks to which a person acquires and develops legal knowledge and skills.
A person who behaves culturally (actively) prefers to personally familiarize himself with a legal act (law, order, contract, etc.), choose the necessary legal means and opportunities, and act in accordance with legal requirements, considering them socially significant.
Consequently, not every person who knows and understands legal norms can be considered a right-wing person. Such is only the one whose knowledge of legal rules is combined with the need to comply with their prescriptions, who follows them in their activities.
Legal culture of society - it is the achieved level of development of legal consciousness and legal activity of the society. It manifests itself in the culture of lawmaking, law enforcement and judicial activities of state bodies and officials.
Modern legal culture is the legal culture of civil society and the rule of law, where human rights and freedoms are recognized as the highest value, respected and protected. And the person himself is aware of his rights and freedoms, ways of their legal protection, respects the rights and freedoms of other people.
A high level of legal culture implies the involvement of the general population in activities related to law, high professionalism and quality of lawmaking, compliance with democratic and legal procedures in lawmaking, and high quality of law enforcement.
What functions does legal culture perform in modern society?
cognitive function legal culture lies in the development of the legal heritage of past eras and the achievements of domestic and foreign law. Such knowledge is necessary in order to make a feasible contribution to improving the life of our society.
Regulatory function legal culture is aimed at ensuring the normal existence of society and the creation of a stable legal order: by following legal and other social norms, we ensure compliance with the regulations that make our life more stable.
Normative value function legal culture lies in the fact that, performing certain actions, a person compares them with patterns of behavior. As a result, some of our actions receive approval, others are subjected to critical analysis.
Communicative function legal culture contributes to the coordination of public, group and personal interests, ensures the interaction of people. This function is realized in legal communication, in the process of education, mediated by the media, literature and other arts.
predictive function legal culture covers the main areas of lawmaking and the implementation of law, the problems of strengthening the rule of law, the rule of law, the legal activity of the population and other changes in the legal system.
So, we can note the following features of modern legal culture:
− determining importance of human and civil rights and freedoms in the legal organization of society;
− affirmation in the mass legal consciousness of a sense of respect for law and order;
− legal activity of citizens in exercising their rights;
− active legislative, human rights and law enforcement activities of all parts of the state.
The antipode of legal culture is the so-called legal nihilism(from lat. nihil- nothing, nothing). It is characterized by an underestimation of the role of law or even its negative assessment, disrespect for law, a disdainful attitude towards it. This leads to various offenses, for example, to the willful violation of laws, mass non-compliance with legal norms, violation of human rights. Legal nihilism can be personal and state, especially in countries where law and legal traditions are poorly developed.
Traditions of legal nihilism have always been strong in Russian society. At present, this is facilitated by some negative conditions of our modern life: the shortcomings of ongoing socio-economic reforms, the incompleteness of legal reform, the inefficient work of state authorities, massive and widespread violations of the law, problems in the fight against crime.
Civil society is interested in eliminating such phenomena, raising the level of legal awareness and legal culture, which requires a well-thought-out system legal education. It should be based on the ideas and values of modern legal culture.
Legal training and education are elements of education in general and can be carried out as legal training(transfer, accumulation and assimilation of legal knowledge at school, secondary specialized and higher educational institutions); legal education(dissemination of legal ideas and legal requirements among the population by television, radio, creation of computer databases, for example, "Garant", "Consultant-plus", "Code"); legal practice(transfer of legal information, knowledge through the participation of citizens in law enforcement, etc.); self-education(associated with personal experience, self-education, own analysis of legal phenomena).
Lawful Conduct
In modern jurisprudence, lawful conduct understand behavior that complies with legal norms without violating them. Such behavior, as a rule, has a public benefit, is approved by society.
The following can be noted signs lawful conduct:
− lawful behavior limited established legal regulations. It coincides with the rules of law, does not contradict them, complies with legal requirements, is not prohibited by legal norms. The value of lawful behavior lies in the fact that it implements the rules of law;
− lawful behavior healthy for society, does not contradict its interests and goals. In this regard, necessary (desirable) and socially acceptable lawful behavior is singled out. As an example of the latter, we can name such undesirable, but, nevertheless, socially acceptable phenomena as the non-participation of citizens in voting or marital divorces;
− lawful behavior is carried out on satisfied and conscious basis. That is why the law excludes from the number of persons capable of acting lawfully, incapacitated and insane. legal capacity(the ability of a person to exercise rights and obligations by his actions) is associated with the mental and age qualities of a person and depends on them. Allocate full (from 18 years old) and partial (from 14 to 18 years old) legal capacity;
− lawful behavior should be disseminated among majority population (which does not exclude their different attitude to law), otherwise (massive violation of legal norms) society would cease to function normally (which usually takes place during revolutions, civil wars or other social cataclysms).
What makes the bulk of the population to act lawfully? Fear of possible legal liability? Fear of punishment? Personal beliefs? Habit?
To answer these questions, let's take a closer look kinds lawful behavior, which are distinguished depending on the main motive.
Socially active - the highest form of lawful behavior, corresponding to a high level of legal awareness and legal culture, responsibility and voluntariness. If a person realizes how necessary, justified, just the requirements of legal norms are and how useful his behavior is, then by his actions he brings a socially useful result closer. In this case, we can talk about his conscious attitude to law and his behavior.
conformist behavior is based on obedience to legal prescriptions without their deep and comprehensive awareness, without high legal activity. A person subordinates his behavior to law only because everyone does it. Such behavior is typical for social groups with insufficiently developed legal culture and sense of justice (for example, for minors). (Think about the possible negative implications of this behavior.)
Marginal lawful behavior also complies with legal requirements, but is under the influence of state coercion, dictated by fear of punishment. (Remember who is called marginal. What could be the potential danger for society of marginal behavior? Try to give relevant examples from the history of our Fatherland or foreign countries.)
The motive for committing lawful actions may be personal interest, the desire to satisfy certain needs. For example, it is for these purposes that transactions and contracts are concluded.
What are the prerequisites for the formation of lawful behavior?
First of all, it is about legal prerequisites: certain legal relations must exist (legal connections and dependencies). It is they who bring to life the actual lawful behavior of the participants.
But legal acts, documents, norms, before being embodied in the lawful behavior of specific citizens, must pass through their consciousness and will. Thus, one can speak of psychological prerequisites. A person must be aware of his legal rights and obligations, assimilate legal norms and build his behavior in accordance with this.
Meaning social prerequisites is that people always act in a certain social environment, which has on them the most diverse influence. After all, you and I are participants in many social ties, each of which to a certain extent affects human behavior.
Summarize. You, obviously, were able to make sure that the existence of law is inseparably linked with the will and consciousness of people. The requirements of social life, expressed as legal norms, will not in themselves become a rule of conduct until they pass through the will and consciousness of the person who follows them. At the same time, the impact of the law itself on social relations is also carried out through the will and consciousness of a person.
A prerequisite for lawful behavior is people's understanding of the justice and usefulness of legal institutions, social maturity and legal literacy. Lawful behavior is based on a developed legal consciousness and legal culture, which make it possible to distinguish acceptable behavior from unacceptable. A high level of legal consciousness in society and an individual determines the legal culture of the whole society, contributes to the development and dissemination of lawful behavior.
III.Practical conclusions.
1. Knowing a certain minimum of legal information will make you socially protected and ensure your legal security. If you know your rights and obligations well, it will be difficult to deceive you, to trick you. If you do not know your duties and their limits, you will not be able to fulfill them and will be powerless before the arbitrariness of others.
2. In any situation, it is important to know exactly what we can, cannot, should or should do (in terms of law).
3. Behavior that complies with the rules of law is important not only for society, but, above all, for each of us: it helps to earn the respect and trust of other people. If you follow the law, comply with legal regulations, then other people will treat you as reliable partners in any business.
IV.Document.
From work Russian philosopher"On Legal Conscience".
... If a person wants to see his personal rights protected and protected, then he must invest his sense of justice in this social legal life and faithfully participate in its organization. As a legislator, he must faithfully create laws from the correct depth of his sense of justice; as a judge and an official, he must interpret and apply the law as required by his fair sense of justice; as an ordinary subordinate citizen, he must accept the law in his legal consciousness and include the orders, prohibitions and permissions contained in the law in the processes of motivating his behavior.
In all these positions, man is called to voluntarily commit the laws your state, try correctly understand them and obey them in a sense of freely recognized obligation. Even if these laws seem formal and external to him, he must nevertheless accept them as self-binding and faithfully observe them. This is necessary for the following reasons.
Firstly, because this ability is included in the very essence of law and order - to be perfected through the loyal obedience of the citizens...
Secondly, a citizen is called upon to voluntarily recognize and observe the laws of his homeland because this is the only way maintain law and order and at the same time stay free in it.
Questions and tasks for the document
1) What are the features of legal consciousness?
2) Explain how a person can take part in the legal life of society.
3) What new aspect, in comparison with the text of the textbook, did the author reveal in the characterization of legal consciousness? What do you see as the special value of this aspect?
v.Questions for self-examination.
1. What is legal consciousness?
2. Describe the main elements of legal consciousness.
3. How do law and legal consciousness interact?
4. What are the main functions of legal culture?
5. What is lawful conduct? What are its signs?
6. On the basis of what are the motives of human behavior in the legal sphere formed?
7. What are the prerequisites for lawful behavior?
8. What is the ratio of legal consciousness, lawful behavior and legal culture?
VI.Tasks.
1. Do you agree with the opinion of the French lawyer J. Carbonnier: “If a person has a developed sense of justice, does he really need information about the law? With such a sense of justice, a citizen will be able to understand what is legal”?
2. To what level of legal consciousness can each of the following statements be attributed?
- "Deputies of the State Duma use their immunity to protect themselves from prosecution."
“In order to restore order in the country, it is necessary to expand the list of crimes for which the death penalty is imposed.”
− “The human personality, its dignity, rights and freedom are recognized as the main value of the rule of law state”.
3. In writing on the topic "Lawful Behavior", most of the students wrote that a good citizen should not follow the law that violates human rights. And what do you think about this? Do you think this behavior is legal? If not, why not?
4. During a sociological survey conducted among young people in the late 1990s, when asked how they would behave in the event of a deterioration in living conditions, the following answers were received: 0.9% said they would join a political party ; 8.0% will take part in protest actions (strikes, rallies, demonstrations); 6.1% will take up arms to defend their interests; 11.8% will decide to leave Russia for another country; 62.1% will look for ways to earn extra money; 5.1% will not react in any way, they will endure further; 9.5% will do what their parents will do.
Which of these actions can be classified as legal? What types of legal behavior are represented here? Is it possible to draw a conclusion on the level of development of legal consciousness and legal culture of young people on the basis of the data presented? Justify your answer.
VII.Thoughts of the wise.
“Right and duty are like palm trees that do not bear fruit unless they grow one next to the other.”
F. Lamennet (), French writer, philosopher
VIII.Final part.
1. Evaluation of student responses.
Lawful Behavior Lawful behavior is behavior that complies with legal norms. Lawful conduct refers to such behavior that complies with legal norms. Signs of lawful behavior: 1. Limited by established legal norms 2. Usefulness for society 3. Carried out on a voluntary basis 4. Common among the majority of the population
Conditions for the formation of lawful behavior Legal consciousness is the attitude of people to law. Legal awareness is the attitude of people towards law. Legal consciousness consists of knowledge of law, legal ideology, legal psychology and behavioral attitudes. Legal consciousness consists of knowledge of law, legal ideology, legal psychology and behavioral attitudes. Legal culture is part of the general culture, the level of knowledge of the law by each of us, respect for the law.
Components of legal consciousness Knowledge of law (Constitution of the Russian Federation, federal laws, codes, legal doctrines and doctrines) Knowledge of law (Constitution of the Russian Federation, federal laws, codes, legal doctrines and doctrines) Legal ideology (attitude to legal knowledge, their assessment from the point of view of universal values ) Legal ideology (attitude to legal knowledge, their assessment from the point of view of universal values) Legal psychology (feelings and emotions in relation to law) Legal psychology (feelings and emotions in relation to law) Legal attitude (psychological state of a person) Legal attitude (psychological human condition)
Correlation between law and legal awareness Legal awareness influences the process of passing laws Legal awareness influences the process of adopting laws Legal awareness is taken into account in the course of law enforcement Legal awareness is taken into account in the course of law enforcement The level of legal awareness of society contributes to the observance and enforcement of the law
Functions of legal culture Cognitive Cognitive Regulatory Regulatory Normative-values Normative-values Communicative Communicative Prognostic Prognostic Nihilism is the antipode of legal culture, it is characterized by an underestimation of the role of law, a negative attitude towards law, disrespect for law.
