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Revista Universidad y Sociedad

versión On-line ISSN 2218-3620

Universidad y Sociedad vol.12 no.2 Cienfuegos abr.-jun. 2020  Epub 02-Abr-2020

 

Artículo Original

Application of interactive and innovative forms and methods in legal disciplines teaching

Aplicación de formas y métodos interactivos e innovadores en la enseñanza de disciplinas legales

1 Tyumen Industrial University. Russian Federation

ABSTRACT

The article is devoted to urgent problems of modernization and improving the quality of higher legal education in Russia in modern conditions. Particular attention is paid to the use of interactive and innovative forms and methods of training in educational institutions of higher legal education and law faculties. The author believes that the use of interactive and innovative forms and methods of teaching in the teaching of legal disciplines in educational institutions provides a qualitative update of the content of training through an organic combination of educational, methodological and research work, theory and practice, classical teaching methods with interactive and innovative, wide and fundamental training of specialists in highly specialized topics that will provide flexibility and diversity, versatility and the effectiveness of the educational process and, consequently, the quality of training of lawyers.

Keywords: interactive methods; innovative methods; legal disciplines; generalization; analysis; scientific approaches

RESUMEN

El artículo está dedicado a problemas urgentes de modernización y a mejorar la calidad de la educación jurídica superior en Rusia en las condiciones modernas. Se presta especial atención al uso de formas interactivas e innovadoras y métodos de capacitación en instituciones educativas de educación jurídica superior y facultades de derecho. El autor cree que el uso de formas y métodos de enseñanza interactivos e innovadores en la enseñanza de disciplinas jurídicas en instituciones educativas proporciona una actualización cualitativa del contenido de la capacitación a través de una combinación orgánica de trabajo educativo, educativo, metodológico y de investigación, teoría y práctica. , métodos de enseñanza clásicos con formación interactiva e innovadora, amplia y fundamental de especialistas en temas altamente especializados que proporcionarán flexibilidad y diversidad, versatilidad y la eficacia del proceso educativo y, en consecuencia, la calidad de la formación de abogados, licenciados.

Palabras clave: Métodos interactivos; métodos innovadores; disciplinas jurídicas; generalización; análisis; enfoques científicos

Introduction

The main vector of the modern development of higher legal education in the Russian Federation is determined by the general direction of domestic educational institutions of higher legal education (hereinafter - higher school, university) to enter the pan-European and world educational space, harmonization of national and international standards of higher education, while maintaining its cultural identity, as well as a system of higher education with Russian features. Modern reform of the education system in Russia implies its foundation on a competency-based approach, which makes us pay attention to the competencies that a bachelor-lawyer must master. It is possible to learn the list of competencies of interest by contacting the federal state educational standard of higher education (FSES HE) in the direction of preparation Jurisprudence (undergraduate level). FSES HE defines the regulatory requirements for the training of lawyers-bachelors (Zhadan, 2017) and at the same time provides for general cultural, general professional and professional competencies.

The strategic goal of reforming and modernizing science and education in Russia is to create an effective innovative educational environment in universities through the promotion of progressive innovations, the introduction of modern technologies and teaching models. The educational process in a modern higher school should be carried out taking into account the capabilities of modern educational information technologies and focus on the formation of an educated, harmoniously developed personality, capable of constantly updating scientific knowledge, professional mobility and quick adaptation to changes in the socio-cultural sphere, management system and labor organization in a market economy.

Research method

The essence of the process of innovations in technologies and methods of modern education has become the object of study by both foreign and Russian scientists. Scientific works of Burlyaeva (2003); Butkova (2015); Latypova (2017); Sadovnikova (2017), and others are devoted to the study of individual interactive teaching methods in teaching legal disciplines. Scientific research Abdalova & Isakova (2014); Azimov (2014); Grigoriev & Galushkin (2017); Khokhlova (2017), are devoted to the general theoretical, scientific and practical problems of the innovation paradigm in higher education, individual progressive forms and technologies of instruction, experience and prospects for their use in educational practice. In particular, the authors connect innovation in teaching with the need to improve the traditional pedagogical process.

Researchers of the problems of pedagogical innovation Alyamkin (2017); Kazakova (2012), and others, the understanding of the new in the educational process is correlated with such characteristics as useful, progressive, positive, modern, and advanced The authors note that the introduction of new teaching technologies and their perfect mastery require a certain internal readiness of both teachers and higher education recipients for serious transformations corresponding to the conditions of a rapidly changing world.

The subject of this review will be some questions about the use of interactive and innovative forms and teaching methods in the teaching of legal disciplines in higher education. Based on the subject of research, the purpose of the article is to consider the experience of using interactive and innovative forms and methods of teaching legal disciplines in universities, to determine the most effective forms and methods of academic work in universities of the legal profile and law schools.

Results

The essence of interactive learning is highlighted in the works of many scientists, however, the issues of introducing interactive technologies into the learning process of students of higher law schools are not sufficiently developed and require further study. Interactive learning is a conceptually new type of work organization. The essence of interactive learning is that the educational process takes place in conditions of constant, active interaction of all students. This is self-study, mutual learning (collective, group, training in cooperation), where the student and teacher are equal, equal subjects of training, understand what they are doing, reflect on what they know, can and do (Novikova & Poluyan, 2016).

Interactive learning is such a form of organization of cognitive activity, in the process of which conditions are created for the comprehensive development of the learner's personality. The role of the teacher is based on the fact that he does not just exercise control, but above all, acts as a coordinator and consultant, reveals the difficulties that students have, gaps in their knowledge, realizing individual and differentiated approaches to their training. Work in the lesson should be aimed at interaction and attraction of all students to active work.

The features of interactive teaching methods include: forced activation of the student’s thinking process (regardless of his desire, he is included in the general discussion process and activates his position); a sufficiently long period of student activity (throughout the lesson), because you need to carefully monitor the answers of others; a high degree of independence of judgment, responsibility for their actions, great emotionality; constant interaction of students with each other and the teacher.

A common method of interactive classes is a role-playing legal game (imitation, business game, modeling), which offers all participants to “play” another person or “play” a specific problem situation. The strength of this method is the ability to act in another role, which is unusual for the relevant case, of one's procedural adversary. This technique allows you to look at the situation from an unexpected point of view, to predict the behavior of others, to identify weaknesses in their own preparation. Role-playing game effectively contributes to the formation of skills to establish psychological contact, act in accordance with the situation, effectively build communication, develops listening skills.

Innovative forms of teaching legal disciplines also deserve special attention, because they provide the necessary “innovative climate” in universities, promote the development of creative activity and research initiatives of law students, lay the foundation for further understanding and development of legal knowledge, the successful application of acquired knowledge in practice. The introduction of innovative technologies in the educational process helps to prepare highly qualified, competitive lawyers capable of performing complex research, professionally applied and creative tasks.

Innovations are new promising trends, processes and approaches in the development of modern higher education, based on a combination of scientific and educational activities, theory with practice, integration and differentiation of modern knowledge, fundamental training of specialists in narrow-profile specialization and aimed at modernization, improving the quality and effectiveness of modern educational process.

The derived term innovative in the scientific and pedagogical and methodological literature is most often used as part of terminological phrases: innovative method, innovative technique, innovative approach, innovative technologies and the like.

Teaching methods can be classified according to the following criteria: according to the types of student work (oral / written; classroom / independent / extracurricular, general (collective) / group / individual, etc.; by the source of knowledge and the formation of skills and abilities (lecture, document analysis , work with the legislative framework, the use of visual aids, etc.), according to the degree of independence and nature of students in the educational process (active, interactive, passive) in terms of sustainability and novelty (traditional / classic, innovative / new / innovative), authorship (original / author, general / didactic), etc.

However, in the modern teaching methodology, the classification that was based on an effective approach to teaching turned out to be the most acceptable. According to it, there are methods: a) providing mastery of the subject (verbal, visual, practical, reproductive, problem-searching, inductive, deductive); b) stimulating and motivating educational and scientific activities (educational discussions, problem situations, business games, creative tasks, search and research, experiments, contests, quizzes, etc.); c) methods of control and self-control in educational activities (survey, test, exam, test, test tasks, questions for self-control, etc.).

Consider the most effective teaching methods used in the teaching of legal disciplines using domestic and foreign pedagogical experience. The method of specific situations (ISS), or case method. If in US universities and Western European countries this method has been used for more than 100 years to study jurisprudence (and subsequently business, management, etc.), then in Russia it has been widely introduced over the past ten years. The method is based on the principle of a precedent, or case (case), which exists in Anglo-Saxon law and serves as a weighty criterion for decision-making in a court case in the absence of various codes (civil, criminal, administrative, etc.). The value of this method, introduced first in the educational process at the Harvard Law School, and later at the Harvard Business School, lies in its applied orientation when a student learns to make professional decisions in a university audience. The case method was first introduced in the 70s of the XIX century. At Harvard University, Professor Lundell, and soon (to this day) he became the standard and leading didactic form of teaching law in American law schools. So, at Harvard University, at each lesson, students are given the task to study a certain number of cases. Each case concerns a specific legal norm, their totality or the principle of law. Cases are given in casebooks, combined thematically or by industry (criminal law, contract law, constitutional law, etc.). Cases are written court decisions, usually of courts of appeal or cassation. This choice of authorities is due to the fact that they focus on the determination and resolution of legal issues, rather than establishing legal facts (Barnes et al, 2000). The student reads, briefs (Brief), discusses, and even listens to lectures on court cases. An important part of mastering the material is the decision on the basis of other hypothetical cases. The use of manuals and abstracts (outlines) makes the methodology even more effective (they clearly set out the material - this helps to assimilate it). The value of the method lies in the fact that it: combines law (legal norms) and actual situations, contributing to the memorization and development of the ability of deductive reasoning, makes an independent disclosure of certain legal principles, norms, and other significant factors that led to the adoption of a judicial decision. Analyzing the case, the student simultaneously learns to “think like a lawyer,” in particular, he studies argumentation, attention to details, nuances of life and legal facts, legal norms, and peculiarities of their application. The case method contributes to the development of collegial, rather than hierarchical, relations between teacher and student. This, in turn, contributes to both revealing respect for human dignity and building partnerships in the professional workshop already from the student bench (Dzhumabekova & Atanaeva, 2011; Bekoeva & Ambalova, 2016).

The use of the ISS requires the teacher to carefully select theoretical and practical material. So, first he suggests that students pre-process the necessary theoretical material on a specific problem, then specific examples of incidents that should be discussed with students in the audience. The practical professional experience of the teacher in this work is of particular importance. This method deserves an honorable place in the modern methodology of teaching special subjects at law schools.

Business (role) game. One of the most popular types of educational work among students, because it is built on creativity, competitiveness, collective cooperation. But the effectiveness of this method is determined by the quality of preliminary training of the teacher and students. The main goal of any business game is to create a situation as close to real as possible, in which a law student must perform the necessary professional actions, correctly apply the acquired knowledge, identify skills in working with clients, colleagues, as well as the ability to work with regulatory documents. So, among interactive teaching methods, the method of business games is especially distinguished (Adigamova, 2008).

The objectives of these classes are: 1) to check the level of knowledge of students in the basic and disciplines of specialization and consolidate previously obtained theoretical knowledge; 2) the formation of skills to work with regulatory material, samples of procedural documents, scientific and reference literature, planning activities in criminal cases; 3) improving the skills of students in resolving practical situations, the formation of integrity and courage in judgments, self-criticism. The development of speaking skills in front of an audience, the application of theoretical knowledge in conditions simulating an operational-investigative situation. The basis of the business game is a script developed by the teacher. Usually, a business game proceeds in strict accordance with a scenario that contains the real situation (plot) to be resolved, the approximate composition of the game participants, the procedure for performing certain actions by its participants, as well as the procedure for analyzing the outcome of the game. In the course of the game, the teacher can make clarifications in the script in the form of additional questions to be resolved by its participants. This method is advisable to use in the process of teaching many professional disciplines.

The script of the game is prepared, as a rule, by the teacher himself, but under certain conditions it can be developed by a student or several students (for example, it can be a special project). The main components of the preparation and conduct of the game: creating a plot (a specific life situation or close to such a situation) processing the plot; work with regulatory documents; distribution of roles; drawing up documents, for example, a claim or other statement; collection of case materials; verification of the implementation of laws; actions of game participants; analysis and debriefing. As for the possible roles in business games, the list of its participants is determined depending on its nature, content and purpose. The game enhances students' motivation for learning, as it allows you to visually see or feel the gaps in knowledge (of their own and other actors).

Problem (problem-search) method. It can be used in the practice of teaching many legal and non-legal disciplines. It provides for problematic presentation of material, problematic heuristic dialogs, exercises of a problem-search nature, creating a specific problem situation, organizing a collective search for the best solution to the problem, for example, by discussion, “initiative” actions of participants, etc. Unlike traditional methods, mainly focused on the reproduction and consolidation of knowledge, these methods require from the student not just the reproduction of information.

Modeling. This is a universal method of researching any objects and phenomena on their analogues (models) with the aim of studying their characteristics, predicting actions and consequences, finding the best option and the like. However, as a teaching method, it turned out to be no less effective. Indeed, with the help of a certain abstract or material model, visual or verbal, it is possible not only to reproduce certain properties of an object or phenomenon, but also to examine in detail its components, general structure, system of internal and external connections, and functional parameters. In the process of teaching the model, it is advisable to clarify using various means (diagrams, graphs, drawings, graphic and virtual images, for example, using computer graphics, animation, multimedia equipment, etc.). Ideal models and images can also be verbalized with the help of linguistic constructions, mainly figurative, metaphorical.

Audiovisual teaching method. This method, designed primarily to popularize knowledge and attract a wide audience to study, is increasingly used in university education in many countries of the world. The concept of the method is implemented in the form of audiovisual courses, electronic textbooks, computer test tasks, trainings and practical manuals for individual and distance learning, video recordings of various forms of training for the purpose of analyzing and discussing the actions of participants in the educational process. The effectiveness of the method is determined not only by the minimum cost of training time, but also by the saving of the efforts of students and teachers during the classroom. When presenting materials of academic disciplines in the form of educational films, CDs, multimedia pickets for each topic of the course, the implementation of knowledge control using computer technology, the learning process wins significantly in both quantitative and qualitative indicators.

"Brainstorming" (Brainstorming from the English. Brain storming). This is a method of organizing joint group and creative work in an audience in order to increase the mental activity of participants and find fruitful ideas, constructive solutions, and solutions to complex problems or non-standard situations. It is advisable to apply it at the very beginning of the solution to the problem or if this process is at an impasse. The problem is formulated in the form of a question. At the first stage, participants generate their ideas and suggestions. For example: What evidence can be gathered in this case? What are the consequences of a gift agreement? All offers are recorded (on the board). At the second stage, an active discussion takes place, classification and selection of the most promising proposals is carried out.

Creative search method (research). Among the various types of tasks that the teacher of each discipline offers students, tasks of a creative nature occupy an especially important place. By offering such tasks to students to work in seminars and workshops or to work independently (with sufficient time to complete it), the teacher seeks to increase the interest of students in their subject, to further explore certain issues of the course, to attract them to research work. From the standpoint of didactics, it is important to gradually move from simple to more complex tasks: for example, first give the task to select newspaper materials that could serve as the basis for filing a lawsuit to protect honor, dignity and business reputation; then - draw up a statement of claim or analyze a document concluded by another; make an expert opinion; take part in the role-playing game “litigation” in a specific role; make a cassation appeal; in the end, to develop the plan and materials of the training court session. An example of complex creative tasks is the preparation of conclusions and proposals for the bill; participation in the development of draft regulatory legal acts; conclusion of a package of documents in a particular case; preparation of analytical materials, comparative tables, analytical reviews, etc. for publication in professional publications, etc.

This method is the leading one in the modern educational process, because it embodies the most important, individually-creative approach to teaching. Using it, the teacher helps the student in choosing their educational path by: 1) clarifying and formulating the goal that should be achieved; 2) a list of skills that a student will master during the execution of tasks; 3) rational planning of activities (training, research and vocational); 4) advice on the most effective techniques and methods for independent study and analysis of the material.

The method of working in small groups (from 2-3 to 5-7 people) is designed to form the skills of team collaboration, constructive interaction with colleagues, adequate perception of the actions of others and their own behavior. Assignments for groups can be the same (at the end of the lesson, group members under the guidance of a teacher compare the results of the assignment in different groups, analyze, evaluate, determine the best option), or they can be selective (each group selects tasks according to its interests). Roles are distributed within the group: leader (facilitator), secretary, timekeeper (monitors the time determined for work), etc. (Sarnakova, 2017). The less time is spent on tasks, the smaller the group. The roles later change. For example, one group should establish circumstances mitigating guilt, and the second - aggravating guilt.

Conclusions

The development and implementation of interactive and innovative forms and methods of teaching, although it contains certain risks, is an extremely important component of the scientific and methodological and educational and methodical work of a higher education teacher, as it helps to maintain his professionalism and pedagogical competence at the level of modern requirements.

The use of interactive and innovative forms and techniques in the educational process encourages the teacher to learn new teaching aids, in particular visual, technical, computer equipment, test new forms and types of work, involve other specialists and students in the development of optimal teaching tools and tools.

In order to provide qualified informational, scientific, methodological and pedagogical and didactic assistance to teachers who are ready to introduce interactive and innovative forms and teaching methods, it is advisable to create a special scientific and methodological structure in universities of the legal profile and at law schools, for example, a center for innovative methods of legal education.

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Received: December 21, 2019; Accepted: January 16, 2020

*Autor para correspondencia. E-mail: natalianikon@yahoo.com

Los autores declaran no tener conflictos de intereses.

Los autores han participado en la redacción del trabajo y análisis de los documentos.

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