CC BY
9DOI: 10.12731/2070-7568-2014-6-4 UDC 159.923.33
LEGAL CONSCIOUSNESS OF YOUTH IN CONDITIONS OF VOCATIONAL EDUCATION: PROBLEMS AND SOLUTIONS
Kalinina R.R.
Goal: to study peculiarities of legal consciousness among youth in conditions of vocational education in legal and nonlegal fields.
Methods and practices: empirical (Assessing moral development: dilemmas by L. Kohlberg, Practice of self-analysis diagnostics by A.V. Karpov, Test on legal and civic consciousness by L.A. Yasyukova, «Level of Subjective Control» methodology by E.F. Bazhin et al.) and mathematical and statistical methods (descriptive, comparative, and cluster analyses).
Result: Peculiarities of contents in legal consciousness and its regulatory function in students of legal and non-legal programs were identified. Three types of students were determined: those with non-formed legal consciousness, with formed legal consciousness and with formal legal consciousness; main directions for psychological and pedagogical work in the university to develop adequate legal consciousness in students of various fields were set.
Applicability of results: results of the research can be applied when developing elective courses, extracurricular activities, strategy for character-building work of the university, both in training lawyers and other professionals.
Keywords: legal consciousness, rule of law, subject of liability, students, forming legal consciousness.
The contemporary civil society, whose purpose is to ensure the rights and freedoms of its citizens, is impossible without tackling the problem of forming legal consciousness in the younger generations. This problem is being discussed fairly actively in pedagogical and sociological science; there is a constant search for yet new approaches to solve various aspects of this problem [5; 6]. At the same time, psychological aspects of legal consciousness remain outside the spotlight of scientific analysis. Relevance of viewing this problem namely from the position of psychology is reaffirmed by one of the widespread definitions of legal consciousness as of an aggregate of notions and feelings, ideas and opinions, reflecting judgmental attitude of people to law and legal phenomena of public life [2].
Formation of legal consciousness during vocational education, and especially that in the field of law, is of particular interest due to the age specifics of studentship as the period of actively forming axi-ological sphere and top forms of consciousness (legal, moral etc.), but also due to the necessity to develop efficient methods and techniques of forming legal consciousness as creed (i.e. a unity of knowledge and emotional and value-based attitude to the knowledge obtained) of the most socially active part of the community.
The psychological approach to the problem of forming legal consciousness presumes considerations given to both the social sphere, where the individual and their consciousness is formed, and the student's personality, the sphere of their values and motivations. [1; 3]
Based on the above, empirical research was organized and conducted with the purpose of studying peculiarities of legal consciousness among youth in conditions of vocational education in legal and non-legal programs. The subject of the research is legal consciousness as a form of individual consciousness, regulating legal conduct of the person and including their notions of the rule of law and liabilities therein.
The hypothesis of the research is that law students are characterized by a higher level of legal consciousness development, when compared to students of other fields.
To achieve the goal and test the hypothesis the following objectives were set:
1. To study legal consciousness - namely notions of the rule of law and liabilities therein - in law students.
2. To study legal consciousness in students in fields other than law.
3. To identify peculiarities in contents and development of legal consciousness in students of law and of other fields.
The research participants were senior students (21-23 years of age) studying law (30 persons) and humanities (30 persons) at Pskov State University.
The most productive concept to study the problem, in our opinion, is the one by L.A. Yasyukova, which views the formed legal consciousness as personal responsibility for one's conduct and law obedience, appreciation of the supremacy of law, capability to respond optimally to social processes and acknowledgement of the need in basic legal norms [4].
In the course of the research the following empirical methodologies were used: Assessing moral development (L. Kohlberg's dilemmas), Practice of self-analysis diagnostics (by A.V. Karpov), Test on legal and civic consciousness (by L.A. Yasyukova), «Level of Subjective Control» methodology (by E.F. Bazhin, E.A. Golynkina, L.M. Et-kind). To analyze the collected data methods of mathematical statistics were used: the descriptive, comparative, and cluster analyses.
The research into the legal consciousness of law students showed that their majority has high indications of their legal consciousness, and the students tend to act in accordance with law. They note that law is necessary to regulate human conduct, to prevent disorder, and the moral regulators of conduct - sympathy, compassion, unselfishness etc. - move into the background. They perceive law as a regulatory component of legislature, assuming that it suffices for the individual to know only the basic laws. They do not tend to reflect on their own deeds and actions and do not consider themselves to be directly liable, as a rule trying to rely on luck of the draw and people they deem themselves dependent on. Thus, they shift liability from self to others -people, state, institution etc.
The research into the legal consciousness of students in fields other than law showed that their majority has low indications of legal
responsibility; these students tend to act according to their moral principles, conscience, not necessarily complying with the laws - that is the functional significance of law for them rests at the level of justice. They suppose it unnecessary to know every law, and that it is sufficient to have basic notions. They are more inclined to reflect upon their actions and conduct, possess an internal locus of control, thus perceiving self as liable.
Comparative analysis using the Mann-Whitney U test showed that students of law have a higher level of development of their legal consciousness (U = 94; р = 0.004), they are inclined to act according to law, perceiving it as a regulating element of the legislation system. Alongside, most of law students do not tend to reflect on their actions and conduct (U = 91.5; р = 0.003), and do not view themselves as directly liable, as a rule trying to rely on luck of the draw and people they deem themselves dependent on (U = 83.5; р = 0.001).
Students of non-legal fields show a lower level of legal consciousness development, and to a greater extent rely on their personal opinions, convictions and views, not always complying with the law. The functional significance of law for them rests at the level of justice. They are more inclined to reflect upon their actions and conduct, and consider themselves directly liable, with the majority of the students polled presenting an internal locus of control - that is showcase a stronger sense of responsibility for their conduct.
To identify typological peculiarities of legal consciousness in youngsters undergoing vocational training cluster analysis was used. The data were standardized using z-scores. Cluster analysis was run on z-scores yielding 3 clusters. Resulting from the cluster analysis
three groups of students were identified as presenting various developmental levels of legal consciousness:
1. Students with non-formed legal consciousness (30% of the sample, with 3/4 being students of humanities, and 1/4 law students) are inclined to lean towards their moral and ethical norms, linked with personal convictions, act as their conscience tells them - even if that contradicts certain laws. They see justice as the main function of law, and assume it is sufficient to possess merely a basic notion of law. Yet, they do comprehend themselves as liable for their conduct, for obedience to law, and tend to analyze their actions and deeds, demonstrating independently rationalized views of life.
2. Students of formal legal consciousness (47.5% of the entire sample, with 3/4 being students of law, and 1/4 students of humanities) tend to follow the rule of law, setting it as a priority throughout their lives - both for a citizen and the society on the whole. They consider the regulatory function of law to be the main one, acknowledge the importance of knowing the law, consider law obedience necessary, but deem it possible to violate laws in extreme circumstances. At the same time, they do not strive to analyze their actions and conduct, perceive legal violations circumstantial, and consider the society, state and law-enforcement bodies to be liable for execution of laws.
3. Students of formed legal consciousness (22.5% of the sample, equally represented by law and humanities students) tend to act according to legal norms, setting them as a priority in all spheres of life - both as citizens and as the society - even in the event these norms do not correspond to their perception of morality and justice. They consider the regulatory function of law to be the main one and
acknowledge the importance of knowing the law. At the same time, they do realize their personal liability for law obedience, and tend to analyze their actions and conduct; they are characterized by a proactive attitude, independence and responsibility.
The empirical research carried out showed that law students profess deeper knowledge of law and set law as a priority, however, often the assimilation of knowledge is barely formalistic, and law students frequently do not view themselves as subjects of applying law. Along with this, the young people not studying law professionally ground their conduct mostly on their personal moral creed, which, in our opinion, creates favorable conditions to form legal consciousness in them - the one based on values and the conviction in the need for law obedience. It is this type of legal consciousness that is true, when executing legal norms is an internal conviction of the young person, regardless of existent or non-existent external control or possibility of consequential punishment.
Therefore, the following directions of psychological and pedagogical work can be identified with the aim to form legal consciousness in students:
1) The students studying subjects other than law should be granted opportunities to learn more of law and order (elective courses, seminars, and/or thematic discussion clubs).
2) When introducing laws to students, interactive methods should be used:
- Case studies, with students as characters and situations comprehensible and familiar to the young (conduct in a club, an interpersonal conflict etc.).
- Role-playing games specializing on problematic situations the player cannot prepare for, and therefore there is a need in a fast and legally adequate response.
- Discussions granting students the chance to analyze motives of a violation of law (including their own), to locate socially approved practices of achieving the desired result, and discovering more and more personal, subjective reasons to follow the law.
3) Law students should be granted the opportunity to act as the media of legal knowledge when speaking to school children, coevals, taking part in academic contests and quizzes etc.
The implementation of these recommendations would allow increasing the development level of legal consciousness in students regardless of the field of their vocational studies, as well as forming a regulatory function of their legal consciousness, which would in turn result in strict following of norms and rules, but also in rendering them as a party concerned in the event they witness a breach of law by other people.
References
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DATAABOUT THE AUTHOR
Kalinina Rumia Rashidovna, associate professor at the Faculty of Psychology, candidate of psychological sciences
Pskov State University
2, Lenin Square, Pskov, Pskov Region, 180000, Russia e-mail: [email protected]
