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52THEORY OF LAW
PROBLEMS OF METHODOLOGY AND METHODS OF ANTI-CORRUPTION EDUCATION IN RUSSIAN LAW SCHOOLS
DOI: http://dx.doi.org/10.14420/en.2013.6.2
Davydova Marina Leonidovna, Doctor of Juridical Science, Assistant Professor and Head of the Constitutional and Municipal Law Department of the Volgograd State University, e-mail: davidovavlg@gmail.com.
Akhmetova Nailya Akhmetovna, Candidate in Sociological Science, Assistant Professor in the Constitutional and Municipal Law Department of the Volgograd State University, e-mail: akhmetova_nailya@mail.ru.
The article considers, from the perspective of the authors' practical experience, the problems in methodology and method that arise when teaching the disciplines directed at developing an intolerance for corruption. The authors point to the need to have an organized system for teaching, emphasize the stereotypes that prevent effective anti-corruption education, and offer a concrete methodical technique for such an education.
corruption, anti-corruption education, methods of teaching in higher education, legal education, methods of teaching, methodology of teaching, teaching situation, legal consciousness, legal enlightenment, educational standard, education efficiency.
The state educational standard that is in effect in Russia, in full accordance with the UN Convention against Corruption1, establishes the formation of an intolerant attitude toward corruption as one of the priorities of legal education. Achievement of that objective is hardly possible without the use of a combination of measures that includes, as a minimum, two aspects of influence: those that are organizational and those that are content-related.
The first aspect implies the need for a system for the organization of the educational process, including (1) the development and introduction of special courses that expose the social and legal sources of corruption and that provide an understanding of the tools that are available for its prevention; (2) the inclusion of content in traditional educational courses (of criminal, administrative, and municipal
1 United Nations Convention against Corruption, adopted in New York on October 31, 2003 by Resolution 58/4 at 51st plenary meeting of 58th session of the UN General Assembly, ratified by the Federal law of March 08, 2006 No 40-FZ (Legislation Bulletin of the Russian Federation. - 2006. - No 26. - Art. 2780).
Abstract.
Keywords:
law, and procedural disciplines) that will allow a student to study aspects of the problem at issue; and (3) the introduction of an anti-corruption component in other educational subjects, so that the topic is a keynote of the entire professional education process.
A system of organization for the educational process implies a rational sequence of subjects in the framework of a plan of instruction. There are no hard rules, however; often, the order in which subjects are studied is subject to a number of external circumstances to which a teacher is forced to adjust. Nevertheless, the formation of a certain logic in the presentation of educational material is necessary in any case. For example, the plan of instruction that is carried out in the education of lawyers in Volgograd State University includes the discipline “Anti-corruption legislation” in the second term of the first course. This, undoubtedly, creates certain complications that are connected with the insufficient level of professional knowledge possessed by the students. Further, this is why it is necessary to concentrate attention on the teaching process, rather than on an analysis of current legislation (with which the students are also not well oriented). Rather, there must be a consideration of basic issues: the concept of corruption, the reasons for it, the basic tools for anti-corruption enforcement and international experience of their use. Notwithstanding certain complexities in the apprehension of that material, its acquisition during the first course provides an unconditional positive effect by introducing the general background for anti-corruption education. During the second course in the framework, which is the discipline of “Legal engineering”, merely mentioning the necessity for the examination of draft laws by anti-corruption experts is sufficient - its essence and meaning are already understandable to students. If the students retain the knowledge that they acquired during the first course, they will be able to practice performing that expert examination by drawing upon the knowledge that was gained in the first course. This allows them to not only save time, but to achieve a higher degree of efficiency in their learning with respect to both their recognition of the knowledge and the addition of new elements to it by recalling information that is already familiar to them.
It would be possible to organize the educational process in another way, i.e., if a special discipline devoted to corruption in the curriculum was moved to senior courses. In that case, it would be necessary to emphasize an analysis of industry-specific legislation, as well as the generalization and evaluation of legal knowledge that has been gained previously from the point of view of anti-corruption activities. In any case, the distinct interrelation of disciplines is important.
A system for the construction of the educational process is able to provide a higher degree of efficiency in anti-corruption education, although this cannot be guaranteed in the absence of adequate informative content.
In terms of its content, the most complicated issue is not simply the selection of issues that are worthy of consideration, but rather, a commitment to the negotiation of the stereotypes that are connected with the idea of corruption in the consciousness of students. Let us consider two such stereotypes as examples.
The first one is characteristic, to a greater extent, of young audiences and it implies a gap between the abstract notion of “corruption” and the concrete realities of their own lives. Students often do not see the connection between theoretical
constructions and legislative language, on the one side, and the facts of the surrounding reality, on the other. Their consciousness of the sober fact that many customary social relations are corrupt in nature provides not only understanding, but a subjective perception of the whole of the instructional material. Only such a perception will ensure the success of anti-corruption education. That is why the first methodological task is not simply an explanation of what constitutes corruption, but a demonstration of the fact that the aforesaid phenomenon concerns everyone in modern society.
The second stereotype is connected with the attitude that overcoming corruption is impossible and with the perception that it is a permanent phenomenon that is natural in society as a whole, and in Russian society, in particular, and that, for that reason, it is unconquerable. The more experienced the students are in their lives and in their professions, the stronger this stereotype is. If a person encounters the phenomena of corruption in the real world, he will incorporate them into his picture of the world, and thus, he will not be able to imagine that life can be organized differently. This stereotype is the most dangerous and intractable.
To affect it, it is necessary to conclusively establish two concepts. (1) Corruption is an unconditionally negative phenomenon. Sometimes it can be perceived (occasionally, unfortunately, quite reasonably) as something natural, customary, regular, or even convenient for the achievement of momentary objectives; however, this in no way justifies the moral turpitude and corrupt influence that corruption has on social, political and legal life. (2) Tools to fight against corruption exist. Many of them have been successfully evaluated in foreign countries, while others are being developed to address specific national needs. Their implementation is often connected with great complexity and requires a complex approach and political will; however, it is necessary for students to assimilate the major idea: It is possible to vanquish corruption in principle.
The last thesis deserves special emphasis. The issue of the potential to completely eradicate corruption comes within the range of philosophical and legal possibilities and it stands in the same row as a discussion of a final victory over criminality. It is certainly necessary to discuss the issue within the framework of the educational process. Furthermore, its discussion at various stages in the consideration of the problem can fulfill a variety of functions. Accordingly, an essay on the reasons for corruption and the possibilities of overcoming it that is assigned to students in the beginning of a corresponding educational course will allow instructors to evaluate the level of apprehension of that subject matter by the audience, to bring the stereotypes that are characteristic of it to light, and consequently, to set the tone for further dialogue. Furthermore, such work encourages students to gain an independent understanding of the problem, which involves them in further study of it. A final discussion of the same issue, which is held at the end of an educational course, can fulfill other goals. Such a discussion assumes a more qualified consideration that generalizes the knowledge that has been gained about corruption, including its origin and the tools that are available to overcome it. A student’s own position can receive approval and can be finally formed in the process of that discussion.
We are of the opinion that the issue of the prospects in the fight against corruption in modern society is one of the key issues in anti-corruption education. An answer to this question is of great academic significance, and that is why extremes must be avoided in the consideration of it. So, excessive optimism in the evaluation of the prospects of anti-corruption activities will result in an inaccurate perception by students of anti-corruption measures that act automatically and that guarantee positive results. A later collision with reality will inevitably entail disillusionment and disappointment in all of the knowledge that has been gained. It is unlikely that a teacher’s excessive optimism will contaminate a cynical audience, as it will be perceived as idealism and a lack of worldliness; this perception will also considerably devalue the information that is transmitted during the process of study.
The opposite extreme, which acknowledges the essential invincibility of corruption and, consequently, the ineffectiveness of all the measures aimed at fighting it, is no less dangerous. Such pessimism reduces the motivation for further study by depriving it of any meaning in the eyes of students. As a methodical aspect, a suggestion of the potential efficiency of the considered measures to work against corruption is a necessary basis for anti-corruption education.
The following metaphor helps us to substantiate a more balanced position in a dialogue with students. Corruption is like the dust that accumulates in any room if you do not sweep it up. It is unreasonable to hope that, if those who throw garbage on a floor are punished and order is reestablished, that cleanness would thereby be preserved forever. At the same time, if cleaning is carried out more thoroughly and regularly, dust will appear in the corners less frequently. Simply for that reason, no state can consider corruption to be completely defeated; rather, the necessity for each state to keep its political and legal life clean continues incessantly. However, although some countries only need to maintain their cleanliness, others need a full-scale cleaning or even a thorough overhaul.
Some pressing issues include the age at which one ought to start anti-corruption education, as well as the concrete methodic tools that are needed to improve its quality.
Previously, we have discussed the trend of including elements of anticorruption education not only at the university level, but also in the preschool and school educational milieu, as well1. Such an ambitious educational program, if it is implemented, will require a substantial variety in the types of assignments. Accordingly, at the preschool and preparatory school level, a task may be assigned that is designed to help students to determine the legitimate/illegitimate nature of certain actions, and thus, to understand the essence of corruption as a whole (games, conversations, discussions).
Strictly speaking, the efficiency of measures that are directed at starting conversations about corruption as early as possible is disputable. Children lack
1 Akhmetova N.A., Guzenko V.N. Basics of anti-corruption education in the modern training process // News of the Volgograd State Technical University. Series “New education systems and technologies of studying in the university”. - 2013. - Issue 10. - No 13 (116). - P. 16-18.
experiences of their own that are connected to that phenomenon. References to family experiences make sense only if children have their parents’ support. Unfortunately, in discussions of the everyday manifestations of corruption that could be understandable to a child, that support is not at all guaranteed, because Russian society, on the average, regards such manifestations as tolerable. Further, the show-me attitude of parents that may arise in response to what has been said by a pedagogue is experienced in a child's consciousness as a conflict of interest that is absolutely unnecessary at that age.
It is much more productive to discuss corruption topics with senior high school students who are equipped, to some degree, with legal knowledge and who possess a more comprehensive understanding of the outside world. They are included in anti-corruption education through school subjects, as well as through participation in socially important creative and civil actions. At that stage, it is possible to use more complex assignments, which should undoubtedly include elements of games: for example, the analysis of documents, the preparation of questions for an interview or a press conference, the creation of protest poster or video clip, etc.
The best base for the formation of an outlook on the world, including one regarding anti-corruption, is the educational arena of the university. The university is the optimal place where a qualified pedagogue can engage in a conversation with a student in such a way as to create in him a categorical rejection of every manifestation of corruption. Naturally, the nature of this teaching is problematic, in that it must exclude the possibility of simply providing information about the problem of corruption. Concrete methodic tools must be directed toward lowering the degree of abstraction in the educational material and toward tying it to the firsthand experiences of students. For first-year students, such an experience could be, for example, the Unified State Exam. First, everyone must pass through that trial upon completion of school, which is why students have common impressions and emotions regarding it. Second, the USE is a stressful situation that leaves vivid impressions. All cases of injustice or violations that students encounter during the examination are perceived by them very sharply. A discussion of the corruption phenomenon and of the possible actions that could be taken against it will be viewed emotionally, with great interest and a high level of understanding and engagement in the problem.
Quite another approach is necessary in working with an adult audience, for instance, in the framework of training workshops or in the advanced education of public officers. In that context, there is no question of the formation of an outlook on the world - whether it is bad or good, it already has been formed. As a rule, in such an audience, the level of knowledge about the problem of corruption is rather high. To make anti-corruption education useful for that category of the audience, tasks that are more concrete must be established:
1) provide information that is new to that audience (it may be information about the most recent changes to the applicable legislation or about foreign and international experiences of in their actions against corruption);
2) offer students opportunities to use the knowledge that they have (for example, in the framework of an assignment involving a case that models a concrete corruption situation); and
3) provide students with the opportunity to discuss existing problems and to express and substantiate their positions (for example, to estimate the efficiency of concrete measures that have been taken against corruption, to bring to light defects in the applicable legislation, or to make proposals about the prospects of a particular novelty1).
These recommendations are of an utterly general nature. On the one side, they need adaptation based upon the concrete audience and the individual pedagogical style of the teacher2. On the other side, there are many pedagogic tools in addition to those that have been discussed that would enable teachers to make the material that is being studied more vivid and understandable, that would draw on the creativity of students, that would more effectively structure the information and that would increase its level of persuasiveness. Nevertheless, it is important to be aware of the special aspects that distinguish anti-corruption education from the teaching process of the majority of courses in law3. An essential complexity is connected with the fact that “corruption at the mundane level becomes an element of a person's life”4, and for that reason, it ceases to be perceived by him as something that is extremely dangerous. As a result, anti-corruption education requires systematic, purposeful action that addresses students’ outlooks on the world with the goal of correcting the false stereotypes that are part of their consciousness. Only on that basis is it possible to inculcate an attitude that is intolerant of corruption, which is the major condition that is necessary to overcome it.
References
1. Akhmetova N.A., Guzenko V.N. Basics of anti-corruption education in the modern education process // News of the Volgograd State Technical University. Series “New education systems and technologies of studying in the university”. -2013. - Issue 10. - № 13 (116). - P. 16-18.
2. Davydova M.L. Training for a legal profession in Russia and the USA: revisiting universal foundations // Law and modern states. - 2013. - № 2. - P 28-35.
3. Davydova M.L., Shanin A.A. Realization of personally-oriented cooperation of teacher and student // News of the Volgograd State Technical University. Series “New education systems and technologies of studying in the university”. - 2013. -
1 For example, taking into account the efficiency of anti-corruption events that have been realized in recent years in the system of arbitration courts (for additional information, see: Seryogina O.L. Development of science and technology as a factor promoting changes in modern law systems // Law and modern states. - 2013. - № 3. - P. 13-15; Solovyov A.A., Filippov Yu.M. Effectuation of justice by arbitration courts in RF // Law and modern states. - 2013. - № 3. - P. 60-63); good material for discussion about the prospects of the judiciary system is provided by the abolishment of the Supreme Arbitration Court, which occurred at the end of 2013 - beginning of 2014.
2 Davydova M.L., Shanin A.A. Realization of personally-oriented cooperation of teacher and student // News of the Volgograd State Technical University. Series “New education systems and technologies of studying in the university”. - 2013. - Issue 10. - № 13 (116). - P. 39-40.
3 Davydova M.L. Training for a legal profession in Russia and the USA: revisiting universal foundations // Law and modern states. - 2013. - № 2. - P. 28-35.
4 Legal countermeasures against corruption: research and practice aid / exec. ed. N.A.Vlasenko. - M., 2012. - P. 9.
Issue 10. - № 13 (116). - P 39-40.
4. United Nations Convention against Corruption.
5. Legal countermeasures against corruption: research and practice aid / exec. ed. N.A.Vlasenko. - M., 2012.
6. Seryogina O.L. Development of science and technology as a factor promoting changes in modern law systems // Law and modern states. - 2013. - № 3. - P 9-15.
7. Solovyov A.A., Filippov Yu.M. Effectuation of justice by arbitration courts in RF // Law and modern states. - 2013. - № 3. - P. 57-63.
