Dialogues on the moral basis of future lawyers

Bagreeva Elena Gennadievna ORCID: 0000-0003-1407-1574 Professor, Department of International and Public Law, Financial University under the Government of the Russian Federation 49/2 Leningradsky Ave., Moscow, 125167, Russia bagreg@yandex.ru Other publications by this author

introduction

The formulation of the problem in general and its connection with important scientific and practical tasks.

Global changes and transformational processes taking place in all spheres of life affect almost all people of the civilized world. New geopolitical and socio-economic challenges create various kinds of problems in the field of sustainable development of our country, which have been repeatedly raised in the research of such scientists as, for example, A.R. Madelyan ^[1], A.A. Selikova ^[2], etc. Some problems are inherent in the educational process. Some of these problems affect the interaction between the teacher and the students. Many foreign researchers (for example, J. Xu, Z. Li, S. Li and others) pay attention to the relevance of this problem ^[3].

The success of the learning process largely depends on the professional skills of the teacher, his desire to reveal his subject to students, to show its importance and relevance in modern conditions and in the future. The involvement of students in the subject and the desire to gain in-depth knowledge also play an important role. One of the essential questions to which it is important to find an answer is the question of the moral component of university graduates in general, and specifically lawyers.

Analysis of recent studies and publications that have considered aspects of this problem and on which the author bases himself; highlighting previously unresolved parts of the general problem.

Researchers often debate the problem of the transformation of moral attitudes of lawyers. The discussion involves the works of Sh.E. Amitov ^[4], A.A. Bokova ^[5], A.D. Krotov ^[6], V.L. Rasskazov ^[7], etc.

The problems of legal ethics and morality have also become the subject of consideration by foreign scientists – L. Achode ^[8], M. Fiqri ^[9], X. Huili ^[10], N. Lawson ^[11], O. Madhloom ^[12], etc.

The issue of training modern lawyers in the present conditions is considered by such scientists as Y.S. Barabanova ^[13], E.N. Gribakina ^[14], G.P. Ivanova ^[15], A.P. Ivanova ^[16], A.Y. Ergashev ^[17], etc.

METHODOLOGY

In the preparation of this study, general theoretical research methods were used – analysis, synthesis, deduction. In particular, the available works on the problem under consideration were analyzed, trends characterizing the transformation of the educational process in the training of future lawyers were identified, which made it possible to determine the possibility of using teaching methods that had not previously been used in the training of specialists in the field of law. The psychological method "Tree" was also used. Thus, more than 400 drawings by students of the Plekhanov Russian University of Economics, the Moscow State Institute of Culture, the Financial University under the Government of the Russian Federation and other universities of the 17-19 age group were analyzed.

results

Presentation of the main research material with full justification of the obtained scientific results.

A problem that seemed to be visible only to university teachers, and even then only to those who work in different faculties – areas of training, today, after reading the Decree of the President of the Russian Federation dated May 7, 2024 No. 309 "On the national development Goals of the Russian Federation for the period up to 2030 and for the future up to 2036 the year" has acquired a special sound.

Back in 2012, G. P. Ivanov conducted a study of the genesis of the motivational and need sphere, having studied the personal and psychological qualities of students of the Faculty of Law. The scientist came to the conclusion that along with positive qualities and characteristics, 1st year students are characterized by "... reactive aggressiveness, irritability." Students who are characterized by distrust, authoritarianism and manifestations of egocentrism are more likely to develop impulsivity that affects behavior in general. Such students react affectively to various situations and show a tendency to dominate. As a result of observations, the researcher also revealed that the ability of students with the above-mentioned personal and psychological qualities to perform operations of analysis and synthesis is insufficiently formed, which manifests itself in insufficient ability to arrange figures in accordance with patterns and identify essential signs of phenomena and objects. Moreover, students are not interested in such values as "creativity", "entertainment", "happiness of others", "beauty of nature and art" ^{[15, p. 108]}.

Thus, universities are happy to recruit future lawyers who are characterized by qualities and features that are very far from the required of this profession. However, an even bigger problem lies in the fact that these qualities and moral values undergo changes for the worse by the 4th-5th course. According to the results of a 2012 study, by the 4th-5th year of study at the Faculty of Law, the predominant personal qualities of students are: unbalance, excessive straightforwardness, risk-taking, determination, courage, changeability. In addition, many students are characterized by rigidity of thinking, which causes difficulties in solving abstract problems. Such a set of sometimes contradictory characteristics rather proves instability. Moreover, many people tend to view their shortcomings as an extension of their strengths. The conflict situations and failures that students periodically face do not cause them to doubt their success.

By the 4th-5th year of study, indicators of reactive aggressiveness, spontaneous aggression and neuroticism are increasing. This leads to increased excitability, sensitivity and anxiety. As the severity of emotional instability increases, the tendency to interpret the actions and statements of others as hostile increases, and the fear reaction to certain situations, objects, and places increases. All this is accompanied by increased irritability and aggression. A protective attitude becomes predominant, which inevitably reduces communication abilities ^{[15, p. 108]}.

Many years of work experience suggests that after more than ten years, the overall situation with student lawyers has not improved. We understand that the priority national development goals of the state for the period up to 2030 and for the future up to 2036 cannot be effectively implemented without lawyers. And the development goals outlined in the new strategic document are really large-scale. These include: creating conditions for realizing the potential and developing the talents of each individual; supporting the institution of the family; preserving the population; ensuring environmental well-being, a safe and comfortable environment for life; fostering a socially responsible and patriotic personality; improving the well-being and strengthening the health of the population; maintaining the dynamism and sustainability of the economy; digital transformation of the social sphere, economy, municipal and public administration; focus on achieving technological leadership. At the same time, it is important to realize that the result of training qualified specialists should be professional knowledge and stability of the moral "construction" of the graduate's personality.

It is clear that the problem is not new. At one time, Francis Bacon gave a parting message: "One should strive for knowledge not for the sake of disputes, not for the contempt of others, not for profit, fame, power or other base goals, but in order to be useful in life" ^{[18, p. 20]}.

To meet the challenges of the time, I would suggest considering the possibility of two ways (or trying to achieve a cumulative effect by implementing two at once). The first is to use a special technique that will allow the teacher to get to know students better, consciously showing an individual approach and achieve the success of the educational process. The second is to improve the selection for admission to the university in the legal field of training.

So, the first one. The teaching process is a process of cooperation, psychological acceptance. Justifying the psychological theory of law, the founder of the St. Petersburg School of Law, L. Petrazhitsky, argued that law and the development of citizens' motivation play a much more important role in comparison with morality. In this regard, the main emphasis in training should be on the development of motivation, both active (in which an individual realizes authority) and passive (in which an awareness of duty comes) ^{[19, p. 6]}. The task of a teacher when working with future lawyers is to cultivate a stable, correct and strong character ^{[20, p. 150]}.

The above theory, focused on a person, taking into account his essence and emotions, can be quite a suitable way out of the current situation ^{[22, p. 11]}. But it is impossible not to recall the words of Cicero, who said that it is important to comprehend the meaning of the laws, and not to remember them verbatim ^{[18, p. 27]}.

When teaching students, there is no need to focus on imposing laws on them. The law should be intuitive and close to students – they should understand and accept the conditions under which a particular norm is fixed in law. Are the disciplines in the law training programs in our universities focused on the educational component? Theoretically– yes. However, in practice, most teachers have neither the knowledge nor the desire to "work" with "this design" – it is difficult, and there is no time either for shortened lecture hours or seminars: it is required to have time to cover all the issues prescribed in the Work Program of the discipline. Finally, the point-rating system of accounting for academic performance forces students, straightening their elbows, hammering those who are more modest, more confident, stepping over them, to go to the voicing of their achievements, completed tasks.

Here we would like to work with the laggards, straighten them out, give them confidence, instill faith in our strength, but no. Those who were not given the opportunity to demonstrate their strength and exclusivity once again remain dissatisfied. But they are not just dissatisfied, but with a sense of justice they give an underestimated assessment to the teacher during the survey. The circle has closed. Let's ask ourselves a question: are they so principled and ready to defend the "letter of the law"?

It is precisely such highly qualified legal specialists that we produce today, who, agreeing with D. Addison, believe that "Knowledge is what most significantly elevates one person above another" ^{[23, p. 17]}. For today and tomorrow, there are tasks of effective legal regulation of the main directions of development of our state. Not to find out how much someone rises, but to quickly and accurately solve emerging problems, build prospects within the framework of the law. At the same time, the specific tasks formulated by the President of Russia put forward new competencies for future lawyers, which forces teachers to seek new forms and methods of teaching legal disciplines and educating lawyers. In order to prepare lawyers for solving problems in modern socio-economic conditions, the requirements for the effectiveness of the educational process are increasing. The synthesis of psychology and jurisprudence, which underlies L. Petrazhitsky's psychological theory, provides theoretical grounds for the use of a psychological test to identify the features of students' legal consciousness and orientation towards it in further work.

Agreeing with the statement that a teacher of legal disciplines needs to know his audience for the success of the educational process, a logical question arises: which method should be used to achieve the goal? ^{[24, p. 7]}. It is proposed to use the graphical test "Tree" for this purpose ^[25]. This projective test is not suggested by chance. It has been in practice since the 19th century and allows you to get reliable information from the subject. Drawing tests are good because they help activate the subconscious mind, relieve stiffness and excitement, and create a favorable and inviting atmosphere during testing. For many millennia, the tree has been considered a symbol of the infinity of life. The tree grows near water, which is an important condition for survival, and fruits grow on the trees themselves, symbolizing the continuation of life. The use of tree drawing has gained wide popularity in psychology. For example, a well-known consultant psychologist from Switzerland, E. Yukert, believed that when viewing a tree drawing by projection, you can learn a lot about personality, as well as problems of concern to a person. The proposed method of psychological diagnosis has become popular in other fields ^{[26, p. 121]}. This test has been adapted and refined over the years depending on the required field of research. However, it is not used in the teaching of legal disciplines. But the repeated use of the proposed projective test in pedagogical activity made it possible to develop a fundamentally new concept of its interpretation – the legal one.

Are we always sure that the efforts of teachers of legal disciplines were maximized and achieved the set goal? With the consent of the students, I have been offering students to draw a "tree" for a number of years. In my collection there are more than 400 drawings by students of the Plekhanov Russian University of Economics, the Moscow State Institute of Culture, the Financial University under the Government of the Russian Federation and other universities. The age group of 17-19 years of legal bachelor's degree. Students do not provide their names or any other additional information about themselves. From year to year, when I invite students from different universities to draw an image of a "tree", I note their surprised reaction.

Based on the "Tree" test, it is possible to determine how deep the legal knowledge of the authors of the drawings is and whether they are ready to follow the norms of law. Through legal interpretation, drawings can be interpreted in the context of representations of subjects of law about legal norms and their system. It should be emphasized that legal norms and the subject's attitude to them are the essence of legal consciousness. At the same time, legal consciousness is part of the general consciousness of the individual, and legal norms act as a tool that fixes the behavioral models of a person as a subject of law.

Using the proposed test, a law faculty teacher can, even at the initial stage of training, record how students relate to social norms and the law. Any rule of law plays the role of a regulator of behavior. The lines framing the crown of the tree symbolize the regulatory restrictions that are observed by the "artist". Analyzing the drawing, it is important first of all to pay attention to the crown – it reflects how a person feels his territory is limited by law. Psychologists in most cases interpret the crown as an image of the sphere of consciousness of the subject. Therefore, if the crown is circled by a clear line that does not break, then it can be assumed that the subject is ready to strictly follow the norms of law and socio-cultural restrictions.

An analysis of the drawings of undergraduate students of the Financial University under the Government of the Russian Federation showed that a continuous crown line occurs in 27% of the drawings. An interesting example is a student from Syria outlined the crown of his tree with two continuous lines (Figure 1). Such an element of the drawing was interpreted as the student's acceptance of two legal systems and willingness to adhere to them (we are talking about the Russian and Syrian legal systems). The student himself, upon hearing the interpretation of the drawing, was surprised to agree with this conclusion.

Figure 1 – A drawing of a Syrian student with a double crown line (compiled by the author)

The student confirmed that he takes the observance of both Russian and Syrian norms (legal and socio-cultural) equally seriously.

Figure 2 – Tree crown line with stops (compiled by the author)

If the crown line in the figure is shown intermittent or stops are visible, then it can be concluded that there is a tendency to partially comply with the norms (Figure 2). There were about 38% of the total mass of such drawings. Students who draw an intermittent crown line or a line with stops may in some cases violate generally binding or generally accepted norms, but it will take time to make a final decision. The teacher can give such students a task to study the legislation in terms of issues that provoked them to break the line or stop when drawing it.

Among students from Serbia, the percentage of drawings with an intermittent crown was 28%. It is advisable for many of them to give creative tasks aimed at developing imagination and contributing to the formation of a different view of the performance of typical tasks. The presence of several acceptable solutions to the problem will allow you to find the right solution without going beyond the law.

About 35% of students did not outline the crown with a line at all (Figure 3). In their drawings, the tree is depicted with branched branches, in some cases with leaves.

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Figure 3 – A tree with a missing crown line (compiled by the author)

According to psychological practitioners, the image of leaves and branches of a tree can also say a lot about the subject's social contacts with the outside world ^{[27, p. 18]}. It is necessary to look at how the leaves and branches are arranged – up or down, whether there is an asymmetry or the subject tried to depict the branches as symmetrically as possible.

Attention should also be paid to the fruits of the tree. The fruit is the result. If the subject depicts fruits, then they can be interpreted as a high level of energy potential and good performance. There was not a single tree with fruit among the drawings of law students. Perhaps this can be explained by the fact that at this age it is too early to talk about any obvious results for life. At the same time, the presence of a large number of branches in the drawings can be interpreted as the breadth and diversity of consciousness combined with some psychological instability and distraction, when an individual, due to his personal characteristics, is unable to finish what he started, i.e. to bear fruit. It is also possible that such an interpretation, in which many branches are considered as a manifestation of fragmented thinking, oversaturated with information, some of which remains not fully understood and assimilated. The teacher should focus on identifying and further developing the most vivid and non-standard ideas of students. It is also advisable to work on the development of concentration skills.

If there are not many branches in the drawing, but they themselves are quite powerful, then this can be interpreted in favor of a clear awareness of the importance of the chosen life path.

Next, it is important to pay attention to the image of the tree trunk. The trunk can be narrow or wide, straight or bent, well-drawn or have a fuzzy outline. The trunk of the tree symbolizes how the subject evaluates his abilities and his potential. The analysis of the drawings allowed us to conclude that the majority of the subjects had sufficient confidence in their abilities. But people, like trees, can quickly "break down" if there is no solid root system (Figure 4).

Figure 4 – A tree without a root system (compiled by the author)

The analysis of the drawings showed that only a small percentage of the painted trees had a root system. Perhaps young people are in no hurry to abandon their personal attitudes and values that have already been formed by this moment. But, as the experience of many generations shows, you need to be open to accepting new cultural values. This will make the tree strong, fruitful and resistant to adversity.

Rapid testing using the "Tree" pattern provides rich material for analysis. The result of the analysis of the students' drawings is an understanding of the level of legal awareness of the subjects. Students' drawings will help to identify not only the level of theoretical legal knowledge, but also to find out how they relate to regulatory restrictions in their lives, whether they are characterized by such phenomena as legal nihilism and legal illiteracy. The image of a tree serves as a projection of a person's awareness of the boundaries of his being ^{[28, p. 10]}, unconscious long-term feelings for himself, which, despite their existence at the primary (basic) level, have a fairly obvious regulatory character ^{[29, p. 140; 30, p. 309]}.

The teacher, having such information at his disposal, can select and analyze the educational material in order to awaken legal feelings and moods among students of the legal field of study. Initially, these emotional manifestations are recognized by brightness and pressure when drawing the line of branches and the crown as a whole.

If, in the process of rapid testing using this method, the teacher finds that the student does not accept the norms of law (for example, in the absence of a crown), then appropriate tasks can be individually selected to correct the situation.

A tree without a root system and with a poorly defined crown may indicate the formation of a personality's own value system (Figures 2, 3 and 4). The student is still trying to find his "I" in the value system, while completely denying the values of previous generations. The teacher, in turn, can focus in working with such students on explaining to them the value and importance of consistency and continuity of legal norms.

The analysis of the "Tree" drawing will allow the teacher to understand the peculiarities of students' legal awareness. The fact is that legal awareness is not so much a set of legal knowledge, ideas and views, as it reflects their acceptance by the individual, as well as the inner ability to manifest legal emotions. After interpreting the drawing, the teacher will be able to individually select tasks so as to influence the students' legal awareness.

Comparison of the results obtained with the results in other studies.

Practicing psychologists have been actively using the "Tree" drawing test for more than 100 years, asking the interviewee a characteristic of the tree. For example, "just a tree", "happy", "sad", "frozen", "scared", etc. The analysis of not only the tree itself, but also its size, pressure, hatching, location on the sheet, etc., according to psychologists, is quite informative: personal traits of a person and individual differences are manifested, which together explains not only the emotional reactions of a person drawing, for example, a "scared" or "frozen" tree, but also projects the characteristics and problems of a person.

To date, this test has not been used in legal and pedagogical practice to analyze human legal awareness. At the same time, the use of the psychological rapid drawing test "Tree" and its legal interpretation convince, on the one hand, of the accessibility of its use by a teacher of legal disciplines, and on the other, of the possibility of obtaining sufficient information about the level and content of legal awareness of students, which allows improving the online educational process.

Agreeing with L. Petrazhitsky and other scientists in the need to develop not only passive knowledge, but also to develop an active legal position, it should be emphasized that the educational function of the educational process is of particular importance ^{[6, p. 82; 11, p. 65; 20, p. 149]}. At the same time, legal education cannot be limited only to the legal awareness of citizens. Let me remind you of the appeal of the famous lawyer A. F. Koni to students: "a student is obliged to take out of the university not only a baggage of systematized information, but these precepts, which are exhausted in the source of goodness, truth and serious knowledge called science; these commandments illuminate the student and touch him at the end of his life when thinking about the university" ^{[31, p. 68]}.

The conclusions of the study.

Thus, a comparative analysis of the drawings of students of higher educational institutions over the past 5-6 years suggests that there is a tendency to change the perception of the surrounding reality, their own importance and the value of family relationships. The drawings of first-year undergraduate students in 2020 were characterized by an emphasis on careful drawing of the root system of trees (about 35%). Perhaps the reason for this was that in the conditions of a remote learning format, young people became closer to their parents. Undoubtedly, this fact will have a positive impact on their future lives.

At the same time, over the past two years, students have been increasingly drawing a tree without roots – confidence is growing on the verge of self-confidence, unappreciative judgments, taking care of themselves, etc. Graduating from a prestigious university, they count only on a good salary.

However, in practice, lawyers are faced with inflated salaries, which presuppose, at the request of the head, to depart from the "letter of the law". And then the fragile moral structure of a novice lawyer does not stand up: the lack of roots = the support of parents breaks the tree with the first hurricane.

The education of lawyers is indeed a deeper process, connected not only with the study of the rights, freedoms and duties of man and citizen, the Constitution and current laws, but also with the desire and ability to provide legal support to the life of all spheres of our society in solving the challenges. It is as if Socrates foresaw our problems, warning that "Knowledge, separated from justice and other virtues, appears to be cheating, not wisdom" ^{[18, p. 42]}. Cicero also agreed with Socrates: "Knowledge, far from justice, deserves the name of dexterity rather than wisdom" ^{[18, p. 42]}.

But let's recall the characteristics of law graduates - unstable, but at the same time vain; they do not appreciate the happiness of others, but they are very worried about their health and well–being, etc. ... And in this case they are ready to forget the wisdom expressed by Charles Bukowski: "If you managed to deceive a person, it does not mean that he is a fool, it is it means that you were trusted more than you deserve" ^{[18, p. 58]}.

Prospects for further research in this direction.

Thus, as further practical research and actions, it is possible to designate the establishment of certain tasks and indicators, the achievement of which is covered by national goals for the realization of the potential and development of talents of each person, the upbringing of a socially responsible and patriotic personality. Therefore, it is necessary:

1. By 2030, on the basis of traditional Russian historical, cultural, moral and spiritual values, create conditions for the upbringing of a socially responsible, patriotic and harmoniously developed personality.

2. By 2030, increase the proportion of young people who believe that self-realization is possible in our country (at least up to 85%).

3. By 2030, increase the proportion of young people actively participating in programs and projects on patriotic education, personal and professional development (at least up to 75%).

4. To form by 2030, on the basis of scientific organizations and educational institutions of higher education, a modern system of professional development of teaching staff at all levels of the educational system. This system should provide for annual additional professional education, taking into account current educational standards. At least 10% of teaching staff should participate in such a system annually.

5. By 2030, ensure effective financing of the system for identifying, developing and supporting the talents of the younger generation. The financing of this system should be based on the principles of universality, fairness and responsibility. Absolutely all students should be covered by the system itself. In the implementation of this point, there is the necessary career guidance for future lawyers, as well as admission to university after careful selection, testing according to the main parameters of the motivational and value scale.

Thus, in today's conditions, the requirements for lawyers as guarantors of the development of the Russian state are increasing, which are one of the most perfect forms of interaction between a citizen and the state.

Legal support for solving the tasks approved by the President of the Russian Federation on May 7, 2024, is the purpose of training future lawyers.Agreeing with Dan Brown, we understand that "Knowledge is a tool that can be used for both good and evil" ^{[18, p. 11]}.