CC BY
13
DOI: 10.24411/2470-1262-2019-10034
УДК (UDC) 14+37+17+001
Ibraim Didmanidze, Doctor of Information Technology, Associate Professor,
Irma Bagrationi, Doctor of Philosophy, Assistant Professor, Batumi Shota Rustaveli State University,
Batumi, Georgia
For citation: For citation: Ibrahim Didmanidze, Irma Bagrationi, (2019).
The Ethical Issues of Preparation of Technology Teachers in the Legal Educational Establishments.
Cross-Cultural Studies: Education and Science. Vol.4, Issue 1 (2019), pp. 70-78 (in USA)
Manuscript received: 02/13/2018 Accepted for publication: 03/17/2019 The authors have read and approved the final manuscript.
CC BY 4.0
THE ETHICAL ISSUES OF PREPARATION OF TECHNOLOGY TEACHERS IN THE LEGAL EDUCATIONAL ESTABLISHMENTS
ЭТИЧЕСКИЕ ВОПРОСЫ О ПОДГОТОВКЕ ПРЕПОДАВАТЕЛЕЙ ИТ В ЮРИДИЧЕСКИХ ОБРАЗОВАТЕЛЬНЫХ УЧРЕЖДЕНИЯХ
Abstract
The paper outlines that the legal practice is interested in the highly skilled staff delivered by information technology education. And without development of the jurisprudence supported by practical morality check, such specialists to prepare it are impossible. Practice acts as the important criterion of quality check of preparation of technology teachers, checks the validity, value and an efficiency of scientific research on the basis of which formation is educated.
The paper emphasizes that the technology teachers, for realization it is state-imperious functions in law-enforcement and judicial bodies prepare basically in the state industrial and business enterprise. Preparation of specialists for sphere of private law, workers of legal services of the commercial organizations is carried out in the state and private establishments. Establishments of education of some the institutes prepare for professionals for specific sphere of public service. Such educational establishments are called as departmental ones.
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The scientific paper discusses that the role of is professional school culture of the lawyer finds expression in all interconnected elements of legal culture of a society: In a level of sense ofjustice - the attitude of a society, the state, the person to the right; In a level of development of lawmaking activity and quality of the legislation, a degree of the balanced reflection in it of interests of a society, social groups and persons; In a condition of legal practice, first of all, activity judicial and law enforcement bodies; Skill professionally to protect human rights and the citizen. The Level of legal organizational culture of professional group of lawyers is defined by a degree of development of school culture of its each member, its legal erudition and a skill level.
The paper underlines, that success of any kind of entrepreneur law-enforcement activity in many respects depends on a degree of its maintenance corresponding is long the saved up and systematized information technologies on the crimes accomplished in the past, entrepreneur persons involved in them, means and ways of their fulfillment, various traces of crimes and the objects connected with business events, and also from an opportunity and skill of the inspector to use the similar information in the entrepreneurial activity, for revealing, search and an identification of their interesting educational phenomena and school direct objects.
Keywords: School Culture, Ethical Principles, Ethical Dilemma, Morality Check, Technology Teachers, Technology Education, Educational Establishment
Introduction
It is generally known that an educational establishment's main purpose is education. These may be Schools, Colleges or Higher Education Establishments. Educational establishments providing education for Degrees are considered to be Higher Education Establishments or Universities. The term school culture generally refers to the beliefs, perceptions, relationships, attitudes, and written and unwritten rules that shape and influence every aspect of how a school functions. Technology education is the study of technology, in which students "learn about the processes and knowledge related to technology" [4, pp. 71-72]. As a field of study, it covers the human ability to shape and change the physical world to meet needs, by manipulating materials and tools with techniques. Technology teachers work in elementary and secondary schools, where they conduct lessons in a classroom or laboratory setting. Their main and important goal is to help students connect math, science and technological principles to everyday life.
It is known for us, that the juridical education is a system of legal knowledge, sights, belief as result of training and self-education of the person in the area of jurisprudence which form it as the citizen capable to professional entrepreneurial work-legal. The juridical education is based on organic integration with jurisprudence, uses the newest theoretical development in educational process, scientific potential of the faculty of an educational institution. Education is a basis of cultural-legal, spiritual, social, economic development of a society and the state, "works" on a legal practice. Owing to the juridical education the intellectual, creative potential of people is enriched, its cultural level raises, there is a maintenance of management personnel, law-maker bodies, law-enforcement system, a national economy the qualified specialists in the field of the educational principles of entrepreneurship.
There is a plenty of legal and scientific business ideas and features of a legal situation in youth entrepreneurship. At present in our entrepreneurial society the juridical education very strongly develops. It became popular presently. Now in our reality it is a lot of entrepreneur lawyers with higher education. On the one hand it is very perspective for our country, but with another is can lead to unemployment as entrepreneur lawyers became much more, than business enterprises, establishments, organizations, irrespective of patterns of ownership. It can affect many situations in this field of activity and it is one of attributes of negative influence of a real legal situation in contemporary Higher Education System on formation of culture of the lawyer.
Chapter I - On Ethical Problems of the Professional Juridical Technology Education
The problem of the professional juridical education - to learn students of legal technology, skill to understand in structure of the right, ways of legal techniques, to the decision on this basis of questions of legal qualification. Importance of training to techniques and technology is caused by social purpose of a legal trade. However, the overall objective consists in formation of a world outlook of the lawyer which is based on perception, comprehension and judgment of all riches of a legal idea and the saved up legal experience. Distinction between jurisprudence, the juridical education, legal practice assumes their close communication with each other. The mechanism of interaction of legal practice, the juridical education and jurisprudence is reduced to that scientific researches should satisfy needs of practice and lift an educational level, and education should deliver practice components of other staff, called to lean in practical activities on the proved recommendations and conclusions of a Information Technology science.
It is well known, that the legal practice defines the purposes and problems of jurisprudence, a choice of scientific directions. The actual material accumulated by practice, demands a scientific explanation, generalization, ordering. “The science generalizes practice and is supported with her. It is constantly involved in practice and will improve it. It needs to be noticed, that unlike a science which develops ideas and concepts, the practice it is directed on objective purposeful real change of a public and state life, always generates the legal consequences corresponding with the purpose” [4, pp. 244-245]. However, acting as a stimulator of scientific search, the practice, changeable and constantly developing, not always can with sufficient completeness confirm or - to deny theoretical positions and conclusions. The mechanism of communication between a science, practice and formation is carried out in legal system of the state and caused by needs of a division of labor. Hence, education, a science and practice is the constantly cooperating "triangle" forming a basis of progress of a society. In youth organization there is a little bit accelerated development of the maximum juridical education. Legal maximum establishments of education function: wide-profile and specialized. There was a specific university system of preparation of lawyers of a wide structure which is realized in various maximum educational establishments according to state standard of higher technology education.
In Georgian Philosopher Irma Bagrationi’s opinion “It is also hard to see why a proposed treaty on business and human rights has attracted such strong opposition from developed countries. The only possible reasons for the latter appear to be ones of expediency and self-interest which are indeed powerful forces. Yet, when they are pitted against the real pressing fundamental interests of
individuals, it should be clear to all states and enlightened corporations that the case for such a treaty should prevail. The impact of such a treaty will also not fundamentally constrain the pursuit of business activity.. .The experience of preparation of specialists in the field of marketing convinces that is a question not of their adaptation to traditional road structural divisions acting the enterprises, and about performance of essentially new system function of the managing subject on its interaction with the market”10 [7, pp. 206-207] And we must note here, that the main alternative possibility to close the accountability gap would be to create an international mechanism or court which could adjudicate on civil and/or criminal claims against corporations where they have violated fundamental rights. Such a mechanism would thus be an international forum that could hold jurisdiction over corporations that operate in multiple jurisdictions and where the judicial system is not operating effectively. Developing such a mechanism would seriously help reduce the accountability gap in the world: it would be a less unwieldy solution to the problem than the home state liability solution which would require laws to be passed in every country that would inevitably vary in their content and effect. Such a mechanism would thus provide a forum to give effect to the right to have access to a remedy in a globalized world. It need not, however, be considered the exclusive forum in which such matters could be resolved and local courts could still play an important role in this regard. Moreover, it would assist in the process of norm development discussed above as particular cases brought before it would help develop our understanding of the application of fundamental rights to educational and pedagogical corporations.
And, in Georgian Philosopher Ibraim Didmanidze’s opinion, preparation of lawyers is carried out in the higher establishments of technology education of different kinds:
Institute - the higher educational establishment which realizes programs of vocational training of specialists, as a rule, in one or several directions. The institute can be a part of academy or university as structural division. “The increasing role of commercial companies in distance education poses a threat to traditional academic institutions and may create pressure for mass, low-quality education”11 [2, p. 27]
The academy - the higher educational establishment which realizes programs of vocational training of specialists in several directions and carries out fruitful activity in scientific sphere, preparation, retraining and improvement of professional skill of teachers and science officers.
University - the higher educational establishment which realizes programs of vocational training of specialists on a wide spectrum of directions. “The university has the same attributes, as academy. It differs from academy versatility, presence of many faculties of different trades and varied universal specializations. “Profit and nonprofit organizations offered a wide variety of courses for students who were unable to attend, classes for one reason or another” [2, pp. 27-28]
Besides has one more appearance of vocational training - college which realizes incomplete and/or full educational programs of vocational training of specialists. The system of the juridical
10 In the scientific article “FOR THE ISSUE OF ETHICAL ASPECTS OF ACTIVITY OF THE SPECIALIST OF SERVICE OF MARKETING”.
11 In the scientific work “THE ISSUE OF STUDENT DISTANCE COMMUNICATION AND COLLABORATION (For Foreign Language Teaching)”.
education in study system includes such legal establishments of education: state and not state. Specialists for realization it is state-imperious functions in law-enforcement and judicial bodies prepare basically in the state high schools. Preparation of specialists for sphere of private law, workers of legal services of the commercial organizations is carried out in the state and private high schools. “Establishments of education of some the ministries and departments prepare for professionals for specific sphere of public service” [1, pp. 94-95]
The state educational establishments carry out training both on budgetary, and on a paid or contractual basis. Not state educational institutions, rendering educational services, should be licensed on an educational specialty - "jurisprudence", and also are accredited on this specialty. Accreditation entitles high schools to delivery to graduates of diplomas of the state sample that is important for their subsequent employment. Graduates of all accredited legal high schools irrespective of patterns of ownership, have the equal rights during the device for work according to their specialty. It is one of the main positions of the State program of development of the juridical education. The major problem of the higher establishments of education of youth organization or entrepreneurship is preparation of highly skilled professionals which would own advanced achievements of a domestic and foreign science, have been brought up in spirit of high morals, have deeply mastered universal values, would be capable to build an independent democratic lawful state and really provided the rights and freedom of citizens.
In our opinion, growth of number of the higher and average establishments of education in youth organization or entrepreneurship is the objective process connected with reorganization of a society and the state in a direction of development of market attitudes, participations in the European integration processes. In these conditions the raised demand for the lawyer-specialist is natural. During social development the primary concept of the right gradually gets the technology and informational maintenance.
Chapter II - Concepts of School Culture of the Legal Educational Establishments
As is generally and well known, the legal culture of the lawyer has higher degree of legal consciousness and thinking. Defining attributes of is professional-legal culture of the lawyer are legality of its work and specialization of practical activities of each is professional-legal group (judges, public prosecutor's workers, legal advisers, lawyers/advocates, etc.). Thus within the limits of is professional-legal group various levels of legal culture are possible. The main thing in professional-legal culture is a high place of the right, its leadership and a state of affairs corresponding it in legal system of a society: preparation of the legal staff, a role of legal services in all spheres of a public and state life, position of court, legal profession, Office of Public Prosecutor, a notary, militia, development of scientific legal establishments, an overall performance of professional legal public organizations, etc.
It is interesting for us that in New York University's Global Law School Program’s leader Professor Steve Sheppard’s opinion “the professional-legal culture of the lawyer leans on legal culture of a society, “descend” from it. Simultaneously it influences it, lifts legal culture of a society up to higher level and serves as a stimulator of development. The maintenance of legal
culture of the entrepreneur law and lawyer: knowledge of rules of law, respect for the right, a habit to adhere to laws and service orders, conviction in correctness and validity of rules of law, an active vital position on duty” [7, pp. 244]. According to «Main principles of legal activity», the developed United Nations, entrepreneur lawyers are «the basic representatives of realization of justice». As defenders of the rights of the clients and business of justice, to them possess a defining role in function of democratic society. The role of professional organizational, educational and entrepreneurial culture of the legal and judicial enterprise finds expression in all interconnected elements of legal culture of a society:
The First: In a level of sense of justice - the attitude of a society, the state, the person to the right. The sense of justice of the lawyer in many respects defines a degree of development or expression of knowledge and understanding, the rights by citizens, officials. The recognition depends on qualitative work of the lawyer the citizen of value of the right in sphere of public attitudes: knowledge of the right, understanding of its sense, skill to interpret those or other positions of the law to find out its purpose, to define sphere of action; to apply in practical activities the extracted legal knowledge, to use the law for protection of the rights, freedom and legitimate interests; to be able to behave in the complex legal situations, etc. However it does not mean that the legislative citizen (not the lawyer) should comprehend tops of jurisprudence. Unlike the entrepreneur lawyer-professional it uses a minimum of legal knowledge which is required for its work, behavior in a life, family. It, first of all, knowledge of principles of the right, the basic norms constitutional (the rights and freedom, an electoral system, etc.), the labor, family, civil, enterprise right, understanding of unity of the rights and the duties, the responsible attitude to their realization.
To the citizen the norms providing and adjusting the legal responsibility, the general order of attraction to it, age from which comes legal and, first of all, criminally-legal responsibility and for businessmen - the legal responsibility should be known in a general view. The professional sense of justice of the lawyer is the factor of influence on the general condition of observance of rules of law which provide the rights and freedom of the person. It differs not simply steadily the positive attitude to the right and practice of its application, but also the consent with legal instructions, that is solidarity with the legislator. Understanding of utility, necessity and validity of application of the law its habit to observe are characteristic features of sense of justice of the lawyer which positively affect sense of justice of people which contact to it. The state should care, that each judge, the public prosecutor, the inspector and other workers of legal work had the necessary normative literature in the service cabinet, did constantly work?: with it, had an opportunity to communicate at seminars, by means of the state and independently raised the professional level. Influence of the lawyer on sense of justice of a society is expressed, at least, in: legal maintenance of the right we have handed over on access to the legal information. “One of the basic requirements of legal culture of the citizen is the presumption of knowledge of the law, that is the assumption of knowledge the person of the law that provides normal functioning legal system; development in citizens of need not only the nobility the right but also to observe it, to support the law and order in the state” [5, pp. 272].
The Second: In a level of development of lawmaking activity and quality of the legislation, a degree of the balanced reflection in it of interests of a society, social groups and persons. From the
entrepreneur lawyer developing laws and professional culture quality of the legislation, its reasonableness, coordination, a combination of dynamism and stability, and also legal techniques of preparation depends: acceptance and publication of legal certificates; the decision of procedural legislative questions. The lawyer takes part in legislative process at all stages of its action and by that defines a level of legislative culture: it participates in the drawing up and ordering of other legal certificates, is called to provide their perfection. A significant role the lawyer plays in assistance to acceleration of integration of organization in the European Environment Agency, to rapprochement of the national legislation with the European right. It is important, that “the lawyer-participant of legislative process or the participant of group on preparation of the project of the statutory act promoted duly introduction of the ratified international conventions in the national legislation that they did not remain at a level of wish” [9, pp. 104-105].
The Third: In a condition of legal practice, first of all, activity judicial and law enforcement bodies. Practical activities of the lawyer are a parameter of a level of enforcement cultures in the state. It is expressed in knowledge of the legislation, in the adjusted work on consideration of legal questions, legal affairs and their finishing up to the full legal sanction. It is well known, that workers of court, Office of Public Prosecutor, security service, customs, legal profession, notary and other state and public structures where work of the lawyer is applied, only owing to professionalism are capable to raise legal culture of a society, social group, the person. The main thing consists not only in that each lawyer has been informed on national and international norms on protection of the rights and freedom of the person, but also knew how to introduce their universal practice legal are sewn up and skillfully did it. It needs to be noticed, that today in youth entrepreneurship there are mechanisms which anyhow provide execution of instructions of the Constitution of entrepreneur law, positions of the European Convention on protection of the rights and basic freedom of the person. The Constitutional court operates. At each regional management of justice regional branches of the National bureau concerning observance of the Convention on protection of the rights and basic freedom of the person are created. Their activity is directed on elimination of infringements of norms of the Convention, gathering of proofs about infringement of human rights. We agree with the Carter Professor of General Jurisprudence of Harvard Law Higher School Duncan Kennedy's opinion, which considers, that “cooperation of the state and not state structures, called to render them the effective help in business of protection of the rights and freedom of the person, is capable to yield fruitful results and, first of all, to lift legal activity of citizens without which there cannot be a high level of legal entrepreneurial and organizational culture of a society” [3, pp. 127].
The Fourth: In the statement of a mode of legality and the entrepreneur law and order. A condition of actual orderliness of the public attitudes settled by means of legal means. Which maintenance is set of lawful actions of subjects of the right, depends, first of all, on steady observance of laws by lawyers as officials. The entrepreneur law and order in a society - a parameter of legal culture not only a society, but also each citizen.
It is impossible to approve the law and order not legal means. The lawyer is a barometer of a condition of legality, and its conviction in necessity of observance of legal instructions is a reliable basis of a mode of observance of legality citizens and strengthening’s of the law and order in a society. In the mechanism of the statement of the law and order the lawyer possesses a responsible role as to
the guard of human rights. With growth of sense of justice and culture of the population the lawyers will contact more often to a legislative part of the population. From skill to behave, explain norms of the right and to carry out professional duties the authority of laws, the states and militias, the law and order in a society depends. The basic special means of influence of is professional-legal culture of the lawyer for legal culture of a society can be reduced to such: Maintenance of due quality of accepted entrepreneur laws and other legal certificates; Fair departure of justice and performance of other professional duties; Prevention of offences and duly disclosing of crimes; Professional performance by each entrepreneur lawyer of its powers without bureaucratic delays, in the certain term and is educational qualitative; Legal education of a society concerning principles and maintenances of an entrepreneur lawful state: informing of citizens on their rights and duties, on entrepreneur lawful ways of their practical and theoretical realization [8, pp. 154].
Conclusions
From the above-mentioned we may conclude that the level of legal culture of professional group of entrepreneur lawyers is defined by a degree of development of organizational culture of its each member, its legal erudition and a skill level. Each lawyer on the workplace should correspond to a post, strengthen prestige of the trade and raise legal culture of a society.
Allegedly, a key concern in the field of human rights is the ability to gain access to remedies for victims of human rights violations by companies. It is important to recognize that three related legal doctrines create particular problems in ensuring access to remedies where multi-national corporations are concerned. First, we have what we might term the jurisdictional challenge: in international law, each state is generally regarded as sovereign with jurisdiction over its own internal affairs. If we have a corporation that has subsidiaries across multiple borders, and it fails to meets its human rights obligations in several jurisdictions, the question arises whether one may found jurisdiction in one particular jurisdiction or whether one is only able to claim access to a remedy where the harm was caused. Secondly, there is the problem of weak governance zones: there are parts of the world in which laws are not properly enforced and courts lack independence. Finally, there is the problem of the corporate structure itself: where businesses operate as companies, they are generally treated as separate legal persons with limited liability; there is in fact no one entity known as a multi-national corporation: rather, there are multiple separate corporations each constituted in different countries.
As it is seen from our scientific work, information technology and educational centers are head divisions in system of the entrepreneur establishments: maintenance statistical, operatively-help, operatively-search, criminalist, archival and other information, and also computerizations and constructions of regional information networks and the integrated databanks. Information technology centers carry out the duties assigned to them in close interaction with divisions of devices of the Entrepreneur Law System. By means of accounts the information which helps with disclosing, investigation and the prevention of moral entrepreneurs, search of entrepreneur professional specialists, an establishment of the entrepreneur person of unknown citizens and an accessory of the withdrawn property turns out. Thus, a technology teacher shares the knowledge, tools and techniques necessary for students to develop the technological literacy they need. Using math, science and technology principles, they teach students problem-based learning skills
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through laboratory activities that involve computers, mobile and other platforms, servers and other technology. Here are some of the duties of a technology or computer teacher: Introducing basic computer, mobile, keyboard and Internet skills, Teaching students how to use design applications, computer-aided drafting or manufacturing to develop technological solutions to problems, Assigning projects so that students learn to deal with real-world constraints, such as time and materials, Allowing students to unravel technological problems using a hands-on, trial-and-error approach, Encouraging creative thinking with challenging classroom projects.
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6. Sheppard Steve, The History of Legal Education in the United States: Commentaries and Primary Sources, Volume Two, New Jersey, “The Law-book Exchange Ltd”, 2004.
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8. Zantzinger Alfred, Annual Review of Legal Education, Volume Two, New-York City, Publisher: “Carnegie Foundation for the Advancement of Teaching”, 2007. (In English)
Information about the authors:
Ibraim Didmanidze (Batumi, Georgia) - Doctor of Information Technology, Associate
Professor of Batumi Shota Rustaveli State University (Georgia, Batumi, Ninoshvili Street 35,
6010), Mobile Phone: (+995) 599 276 600, E-mail: [email protected]
Irma Bagrationi (Batumi, Georgia) - Doctor of Philosophy, Assistant Professor (in
Philosophy) of Batumi Shota Rustaveli State University (Georgia, Batumi, Ninoshvili Street
35, 6010), Mobile Phone: (+995) 599 947 668, E-mail: [email protected]
Contribution of the authors. The authors contributed equally to the present research.
