The article examinesaesthetic education ofprimary school pupilsas an integralpart of the nationalsystem of continuousart educationin Japan. Oneof the most importanttraditional meansof aesthetic educationin Japan, according to L. Tsaryovais considerednature. Analysis of the scientific literatureby domestic andforeign scientistssuggeststhat insteadof collectiveworship the Japaneseestablishedhabitsthat help peopledevelopartistic taste. Having considered thetraditions of:tea ceremony,admiringnature;writing,which doesn’t differ frompaintingand so on,one should point outthat the traditions arevaluableandremain till nowadays thuspromotingthe aestheticization ofthe Japanese people.
It is a well-known fact about Japan that the cult of beauty is supported; since childhood a man is experiencing the beauty and harmony of the environment and without much compulsion becomes the admirer of high aesthetics. Harmony in the world around us is perceived by a man as something wonderful, and chaos – as something ugly. Even a child feels it instinctively deriving pleasure of beauty it gets anxious about ugly things.
THE AIM OF THE STUDY
In this article we set out the goal to analyze the content of research of domestic and foreign scholars on the issue of aesthetic education in the educational environment of Japan.
THEORETICAL FRAMEWORK AND RESEARCH METHODS
The problem of aesthetic education in Japan has been discussed by E. Abdulin, Yu. Boyarchuk, T. Hryhor’yeva, O. Zheleznyak, F. Zaporozhskyi, V. Ovchynnikov, V. Pronnikov, V. Samohvalova, D. Sudzuky, L. Troyelnikova, L. Tsarev and others.
The research methods we used are: theoretical analysis, synthesis, the method of studying educational and historical documents.
As O. Zheleznyak states, during the long history the Japanese people have developed a specific conception, which is based on the idea of beauty. For the Japanese, the world is beautiful in all its forms. Japanese Beauty is dynamic, mobile, instant. Each era of Japanese history was characterized by its features in the perception of Beauty, but the latter has always been seen as a condition for achieving harmonization of the real world. This allows the Japanese to live in harmony with the surrounding nature, not in opposition to it, and coexisting in harmony with it.
Specific attitude towards the beauty of the world remains due to the extraordinarily robust and rich tradition of aesthetic education, which aims at developing morally and aesthetically developed personality with the “Japanese national character”, whose main feature is a kind of aestheticism, around which other features are grouped. The ideal contained in this character is the goal of moral and aesthetic education of the Japanese. Aesthetic education is, according to researcher, a complex, purposeful, systematic process aimed at developing a human aesthetic attitude to reality, achieved due to the possibilities of the family and school (Железняк, 1998).
One of the most important traditional means of aesthetic education in Japan, according to L. Tsaryova is considered nature. As V. Ovchynnikov states, the Japanese are not really religious. The role of religion is replaced by the cult of beauty, derived from the adoration of nature. People consider the nature to be the measure of their perceptions of beauty. As Japan is a country of mountains and sea bayі, scenic panoramas. This very nature – pineі on coastal cliffs, mirror mosaic of rice fields, the dark volcanic lake – is generally accepted in this country to be the canons of beauty. The aspiration for the harmony with nature is the main feature of Japanese art. The Japanese like to time family celebrations to significant natural phenomena: a Japanese cherry tree blossom, or autumn full moon; they like to see on their holiday tables the dishes, which remind the season (Oвчинников, 1971).
According to P. Schmidt, a Japanese sucks with mum’s milk the love to nature’s beauty and the ability to catch its beauty as he grows among the rich and diverse nature and since childhood he admires the graceful outlines of volcanoes touching the sky by their peaks, the turquoise sea, dotted with numerous green islands.
The feeling of refinement, the tendency to enjoy the beauty are peculiar to all Japanese people – from the farmer to the aristocrat. An ordinary Japanese farmer is aesthetic and artist in his heart, as he sees the beauty directly in the environment. He often performs distant trips to admire some beautiful scenery. Mountains are especially beautiful, springs and waterfalls even serve as an object of reverent worship, being intertwined in the common ideas of Confucian and Buddhist shrines. Japanese Art arose from the cult of beauty, based on the strange coloring of the surroundings (Востоков, 1997).
The Japanese like rocks covered with moss, dwarf old crooked trees, because they contain a special charm (Oвчинников, 1971). These features combine old concept of “sabi” – which is one of the measures of beauty in Japan and represents the relationship between art and nature.
The second measure of beauty is “wabi” – the beauty of simplicity, utilitarian beauty (spatula to serve rice, a stand for kettle etc).
When connected, these concepts have evolved into one word “sybuy”, which combines the natural beauty and the beauty of simplicity. Natural beauty is material for the subject. The beauty of simplicity is the beauty purpose of this subject.
The charm of uncertainty is the fourth criterion of the Japanese idea of beauty: it is necessary to know some enlightenment through intuition. This is the beauty that lies in the depths of things. So the Japanese identify four criteria to measure beauty (Oвчинников, 1971).
As the Buddhist sect zen teaches, the idea of completeness is incompatible with constant changes of the world. It is impossible to reach full perfection for longer than a moment and the latter sinks in the stream of constant changes. Improving is more beautiful than perfection. That’s why the artwork which has some uncertainty is able to tell about beauty.
Japanese art reject symmetry. A Japanese sees beauty in the asymmetric placement of decorative elements, impaired balance, which represents the alive and mobile world for him. The asymmetric use of space excludes parity. Any duplication of decorative elements is considered by Japanese aesthetics to be a sin. The tableware on the Japanese table has nothing to do with the dinner set. A Japanese considers it tasteless to have similar paintings everywhere (Oвчинников, 1971).
An important way to influence the human soul in the world religions are collective rituals. Due to the fact that the place of religion in Japan is largely occupied by the cult of beauty, the role of collective rituals is played by traditions and ceremonies intended to make people developing their artistic taste together. In Japan, there is a whole system of collective aesthetic exercises involving the Japanese regularly. It should be noted that for centuries the Japanese have been producing a kind of techniques that allow them to develop and maintain their taste in art (Oвчинников, 1971).
We draw attention to the fact that long before the hieroglyphic writing the Japanese had collective poetic traditions to observe natural phenomena (the newly fallen snow; plum tree, azaleas, cherry tree blossom; the scarlet leaves of rock maple; a full moon). The ability to feel, to build relationships with the natural harmony has generated a kind of deliberate acts of aesthetic communion with nature – the so-called “admiration”, which contribute to the formation of aesthetic feeling.
The ability to feel nature, realising oneself as a part of it, the ability to express the unity of man and nature in all forms of human activity in Japan has always been an obligatory feature of a civilized person who is able to appreciate the beauty of the moonlight, singing cicadas and others (Царьова, 2011).
L. Tsaryova notes that the ability to feel the harmony and build one’s relationship with nature promotes purposeful aesthetic cognition and perception of nature. The so-called “admiration” of nature, which are so traditional for the Japanese, is the source of aesthetic sense that contributes to a sense of color, shape, artistic taste, experience of creative behavior. Admiring nature in Japan is considered a characteristic way of spending free time (Tsariova, 2011).
This is how V. Ovchynnikov describes the custom of admiring a full moon on the ninth day of the full moon in the old calendar, when there is a tradition to admire the beautiful full moon. The best place for this in Kyoto is Temple Dayhakudzi. At half past six in the evening from behind the mountains, which is behind the lake a very large, round full moon is rising, as if forged of gold.
We believe that the admiration of nature contributes to the aestheticization of a child’s life, satisfying his aesthetic needs that are the basis of his spiritually oriented activities. In general such admiration, a contact with nature has a unique ability to influence the child, helping to create his aesthetic and moral values and as a result helping to form the child’s self-realization in society.
It is typical for a Japanese to have a striving for reviewing. When he reviews, he does not single out a particular object for observation, but dissolves his attention in the perception of the whole panorama. He peers into, listens attentively to, feels the world that lies ahead of him, and feels just like a part of it included in it. For Japanese beauty is primarily self harmony with all objective reality. As Z. Vasilyeva states, the ability to feel nature and oneself as part of it, the ability to express one’s understanding of it have always been considered an obligatory feature of a civilized person (Васильева, 1999).
Practice of admiration facilitates entry into a resonant relationship with inspired being, energy purification and achieve harmony instead of chaos passion within oneself (Nurutdinova). Beauty is apprehended in the act of direct attentive listening to the world and brings out the uniqueness of each phenomenon of reality (cherry blossom, full moon, etc.) (The traditional model of aesthetic education in Japan). Live feeling of unity with nature allowed to see the sacred meaning in the image of cherry blossoms branches (Aesthetics: Dictionary, 1989). Japanese cherry blossom begins suddenly and violently. Its pink buds excite citizens of this country by their fragility. Petals do not fade quickly. They fly with the slightest gasp of wind and fall to the ground quite fresh, and this is how they give way their beauty (Oвчинников, 1971). There is a tradition to develop the habit of collective admiration of poetic natural phenomena since childhood (Троельникова, 2010). According to O. Zavyalova (Завьялова, 1990), mass media always inform about the place and time where you can admire the Japanese cherry tree blossom.
At the time of Japanese cherry tree blossom numerous people at weekends go to the mountains to enjoy the unique performance of a violent but brief flowering. There are a lot of festivals, concerts, performances in parks, performances under the blossoming trees timed to this blossom (The traditional model of aesthetic education in Japan).
In our opinion, while admiring this plant (Japanese cherry tree), its delicate petals a child learns to notice slight changes at some point in his life since childhood and for the rest of his life, and at some stage of his life he will notice a change in a moment, for example, when a detached petal flies. It does not fade, but differs from the petals which a flower still holds by its form in some way, color and so on. And at that moment the child can already catch these minor changes. What happiness and satisfaction will he get from it! Of course, this ability is not produced at once, but this ability can be obtained, though hard for us to believe that everyone can obtain it. How much is invested in the aesthetic education by mothers, teachers while group admiration.
The presence of specific terms to refer to admiration, its ritual organization suggests that the admiration – “tsukimi” (admiration of a moon), “hanami” (of flower), etc. – are acts of entirely conscious aesthetic activity, part of the daily life of Japanese people. According to L. Tsaryova, these forms of aesthetic activities that involve the ability to concentrate and contemplate, since the Middle Ages, have been seen in Japan as a necessary precondition of aesthetic perception, as a source of aesthetic culture of the child (Царьова, 2011).
Continuing L. Tsarova’s opinion, V. Samohvalova emphasizes that aesthetic education in Japan is being paid much attention. Sparing no money, the government of the state invests them in culture, education and aesthetic education, thinking that it is beneficial to the state, because the presence of a high level of aesthetic culture of the person will oblige him in the performance of certain work to seek to embody beauty in the results of his work – beauty serves as an economic category. Thus aesthetic education acquires the status of economical economy management. A researcher in her paper “The role of traditional culture in the Japanese model of aesthetic education” argues that the Japanese enrich their work by aesthetic elements; she states that work for them is enjoying both the process itself and the results of their work (Самохвалова, 1990).
As it can be seen from the things stated above, in Japan parents carry the aesthetic education of the younger generation with the hoping to apply the obtained results to improve economy, because people with a high level of aesthetic education will embody beauty in the results of their work at their workplace and achieve the best of results. This fact is well worth paying attention and borrowing. Because of this attitude to aesthetic education in Japan, we decided to describe how the problem of aesthetic training and education is solved in kindergarten, an elementary school in Japan.
Studying in Japan begins in kindergarten at the age of three. These educational institutions do not belong to compulsory educational establishments and are created for the development of mental and physical abilities of the child to provide the adaptation process to further studying.
In a Japanese kindergarten there are classes for the development of musical and artistic abilities. The content of lessons has national character. In particular, in teaching music choral singing is preferred. It is unpedagogic to single out a soloist. Singing in chorus helps to develop the sense of unity with the team. The classes of applied art involves teaching the ancient art of origami, oyatiro thus contributing to the development of fine motor coordination which schoolchildren need to write hieroglyphs (Зверева, Муравьева).
A preschool pupil in the kindergarten gets acquainted with a palette of 25 shades of colors. The Japanese believe that the optimal number of kids for every kindergart(e)ner is 3–5 persons. This responsible attitude is due to the need of developing children’s senses since an early age when the emotional foundations of culture are laid. Moreover, adults do not teach a child, but educate him in the process of making arts together: making some objects of paper, clay, making animal masks, costumes for children's parties, etc. The principle of education according to national traditions is continued at school music lessons, drawing and handmade lessons and lessons of housekeeping (Зверева, Муравьева).
Aesthetic education in elementary schools in Japan holds a special place, because art is recognized as treasury of achievements of spiritual values of their ancestors. One aspect of educating the children according to national traditions is celebrations, accompanied by carnival performances, music, songs, dances (De Mente, 1987) because children are involved. The most favored children's holidays are the Holiday of Dolls (khan matsuri), Boys’ Day (tango-no-seccu), Holyday “seven-five-three” (siti-ho-san). According V. Ovchynnikov the Holiday “seven-five-three”, which is held every year on November 15, is characterized that the seven-year, five-year and three-year-old children are festively dressed, given candy spears that symbolize long life, and are lead to the church to perform the rite (Oвчинников, 1971).
These holidays are colorful and emotional ways to involve children in the national cultural traditions, a way to accustom modern Japanese children to beauty, to the symbolic language of ritual, the aesthetic perception of the world (Царьова, 2011). During the game, children observe nature and reproduce it in drawings using chalk, sprig, during which children acquire certain skills.
So in Japan they use the following forms of esthetic training and education that meet the traditional teaching ideas: lessons – subjects of Aesthetic Cycle (music, art) and other subjects (calligraphy, labour, literature, etc.); extracurricular in-school activities (ceremony of beginning and end of the school year, survival schools, ikebana, tea ceremony, origami, etc.); extracurricular out-of-school activities (collective admiration of nature – tsukimi, hanami; observing the stars, visiting theater performances, exhibitions, tours, participation in clubs of tangerine garden care, etc.).
Thus, as L. Troyelnikova states, in Japan an artistic outlook lies in the basis of the tenor of life. In particular, all the vital functions of the individual in Japan are subject to preservation, assimilation and application of their centuries-old traditions in daily life. The life and creative power of Japanese culture is transmitted to rising generation by means of artistic education, it aestheticizes their minds, promotes basic qualities of the national character, influences positive and responsible attitude to things and people around them, defines a set of values and psychological priorities (Троельникова, 2010).
Analysis of the scientific literature by domestic and foreign scientists suggests that instead of collective worship the Japanese established habits that help people develop artistic taste.
Having considered the traditions of: tea ceremony, admiring nature; writing, which doesn’t differ from painting and so on, one should point out that the traditions are valuable and remain till nowadays thus promoting the aestheticization of the Japanese people.
Thus, the formation of aesthetic awareness of primary school pupils in the education of Japan takes place in the following areas: 1) education (learning the basics of aesthetic education); 2) upbringing (expressing the unity of man and nature while conducting mass arrangements through aesthetic empathy, collective awareness; 3) providing the children, parents and teachers with literature which would help to form the principles of artistic thinking.
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Овчинников, В. В. (1971). Веткасакуры [A branch of sacura]. Москва (In Russian).
Шмидт, П. Ю. (1904). ПриродаЯпонии [Nature of Japan]. In: Японияиееобитатели [Japan and the Japanese], Issue 1, St. Petersburg (In Russian).
Востоков, Г. (1997). Public, domestic and religious life of Japan. “Japan and its inhabitants”. St. Petersburg (In Russian).
Царьова, Л. В. (2011). ВикористаннянароднихтрадиційестетичноговихованнявсучаснійсистеміосвітиЯпонії [Using traditions of aesthetic education in the modern education system in Japan]. In: ВісникЧеркаськогоуніверситету. Серія “Педагогічнінауки” [Journal of University of Cherkassy. Series “Teaching Science”], Issue 196, Part 1, p. 42–46 (In Ukrainian).
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Postgraduate, LYUDMYLA NASILENKO
Institute of Pedagogical and Adult Education, NAPS of Ukraine
Address: 9 Berlynskoho Str., Kyiv, 04060, Ukraine
FORMING THE FUTURE LAWYERS’ COMMUNICATIVE COMPETENCE:
In the article the state of forming of communicative competence of future lawyers in higher education of Ukraine and Germanyis analyzed. There is made the comparative description of preparation of the students of law faculty with an accent on forming of communicative competence on the example of the University of modern knowledge (Ukraine) and Frankfort university is named after Goete (Germany).
It is drawn the conclusion, that the structure of professional preparation of future lawyers is folded educational and cognitive, research constituents, and also productive practice. A main place is taken to conception of communicative preparation of the future lawyers, the essence of it consists in integration of the special courses of the special and professional disciplines, in continuous perfection of skills of the verbal and writing broadcasting, receptions of analytical mental work, that need knowledge. It is also outlined the aim of productive practice of future lawyers in Ukraine that begins from the second course: the forming of professional abilities and skills of acceptance of independent decisions; the education of necessity systematic to proceed the knowledge, to promote a legal culture and professional legal consciousness; to teach to apply knowledge in practical activity. In Germany the practice for future lawyers begins from the first course and lasts two years in legal establishments (from civil cases, court from criminal cases or office of public prosecutor, administrative and managerial establishments, advocacy). The sign line of studies is an active collaboration with the faculties of law of the foreign states. All these factors assist the forming of communicative competence of lawyers.
Key words: the future lawyer, forming, the communicative competence, the professional preparation, the educational and cognitive preparation, Ukraine, Germany.
The world tendencies of globalization and integration, social and economic transformations in Ukraine at the beginning of ХХІ century, the change of knowledge-centric paradigm on educationally oriented, an axiology was stipulated by quality changes in professional preparation of future lawyers with an accent on forming of communicative competence.
The development of new facilities of communication, a process of legislation adaptation of Ukraine to the requirements of the European legislation is those factors, that attract considerable attention to the questions of professional communication in the field of a right both abroad and in Ukraine. On such conditions the problem of forming of professional communicative competence becomes one of important problems of modern higher education.
THE AIM OF THE STUDY
In the article we analyze the state of forming of communicative competence of future lawyers in higher education in Ukraine and Germany.
THEORETICAL FRAMEWORK AND RESEARCH METHODS
Taking into account modern realities of world development, social order to the system of higher legal education is orientated the preparation of future lawyers on the standards of international education, leaning on such legislative and normative base: the National doctrine of development of formation of Ukraine in ХХІ century, Law of Ukraine “On education”, Law of Ukraine “On higher education”, documents of the UNO, Advice of Europe, The international association of lawyers, the blighty deontilogical codes, the normative acts that regulate the activity of legislators. In the last decade of century is updated the attention to the communicative constituent of legal activity. Among the Ukrainian and foreign scientists who investigate this direction are, – S. Husarev, O. Tykhomyrov, V. Bihun, D. Fiolevskyi, M. Anufriev, K. Volker, M. Dzh. Bonel, Kh. Ketts, Rene de Hrut, Dzh. Merimen, B. Futei and others.
The research methods we used are: theoretical analysis, synthesis, the method of studying educational and historical documents.
The analysis of the scientific sources, which was realized by us, shows the legal system as Ukraine and Germany is based on confession of law the basic source of right. Development of right comes true by codification. Basic legal concepts form an only legal language, Ukrainian and German legal systems are followed by the legal acts of Constitution, civil, civil procedure, criminal, criminal procedure codes. The basic fields of law (constitutional, administrative, labor, civil, criminal and two judicial fields) coincide in these countries. And such concepts as, responsibility, law, subordinate legislation, court decision, crime, offence and many others have generally or similar meaning (Андрощук, 2006).
For a lawyer who works in the system “human person”, extraordinarily actual communicative constituent. Inexact or false usage of terminology, logical and grammatical mistakes, inaccuracies meaningful in forming of legal norms, that brings to their diffuse or multiple-valued interpretation, are the impermissible phenomena in a legislative language. A modern lawyer in Ukraine must appear before national society and as a highly educated specialist, and as personality who is on the basis of the realized capture of specific facilities of national legal terminology taking into account Ukrainian-language norms and facilities able to fold bills, carries out business correspondence, prepares protocols, resolutions, lawsuits, live performances, avoids interference errors, produces skills of self-control and self-correction with support on language norms and practice.
In professiogram of legal professions (Ануфрієв, 2003) are outlined the requirements to communicative qualities of lawyer depending on specialization. In particular, it is marked that a profession of judge is one of the most difficult legal professions. Exceptionally a judge gets a right on realization of justice. Professional activity of judge is public, he must to know a right, psychology of communication with colleagues, clients, able attentively to hear out witnesses, experts. The ability to listen an interlocutor, to communicate, to give exhaustive and direct answers is one of descriptions of professiogram judge.
In Germany legal education is largely concentrated on the role of judge, the term of his stay in commission begins from the moment of completion of studies. In German a judge prevails in a trial and plays an important role. At interpretation of constitutional decision of department judicial, as entrusted to the judges (at. 92 the Basic law) it is talked in Comment, that this legal provision spreads to the circle of persons “that engage in an anxiety about a right” (Rechtspleqe), and, in its turn it is examined as “state efforts on realization of justice (Gerechtiqkeit) or providing of the legal world”. An author of the Comment to Law of the judicial system, Otto Kyssel, asserts that such approach is up to the views of the famous German professors such as: Hans Wolff, Otto Bachov, Theodor Maunz, Eberhard Schmidt-Assmann and others. The circle of persons who is in the marked space is determined so: judges, public prosecutors, auxiliary workers of judges, advocates and notaries who participates in execution state tasks (Kissel, 1981).
Let’s analyze the features of professional preparation of future lawyers in Ukraine and Germany. A basic normative document that determines organization of educational process in higher legal educational establishments of Ukraine and Germany is a curriculum. We will give the analysis of curriculums of faculties of law of the University of modern knowledge (Kyiv), Vinnytsia branch of the University of modern knowledge, Frankfort university speciality 6.060100 Jurisprudence. The conducted analysis certifies that curriculums are concluded on the basis of the educationally-professional program and structurally and logical chart of preparation. A list and volume of normative and selective educational disciplines, sequence of their study, certain forms of realization of lessons and their volume, chart of educational process, form and facilities of realization of current and final control are certain in documents.
The structure of professional preparation of future lawyers is folded educational-cognitive, research to composition, and also productive practice. Research part is organized educational-research and scientifically-research activity. Practical part is presented by productive practice. An educator constituent is inalienable part each of afore-named and realized both in an audience and extracurricular forms of work. The aim of professional preparation of future lawyers – at harmonious interconnection and optimal correlation of subsystems forms the positive motivation to professional activity, to assist the capture of common cultural and special legal knowledge a necessary volume, by professional abilities and skills of jurisprudence.
Integrity of professional preparation of the future lawyers is predefined harmonious interconnection between its subsystems and components. In the article is accented the attention on educational-cognitive preparation, and also on the features of productive practice. In particular, humanitarian preparation is sent to the capture of the national culture, capture of philosophical world view and laws of cognition of the surrounding world, deepening of knowledge of the mother and foreign tongues. The naturally-scientific preparation is a base of the system link in forming of professional knowledge and abilities. The general legal preparation embraces the complex of legal knowledge, abilities and skills for providing of development of legal culture and consciousness of both person and society on the whole. A professionally-communicative constituent comes forward as a through link.
As an analysis of curriculum of faculty of law of Vinnytsia branch of the University of modern knowledge certifies, with the aim of forming of communicative competence future lawyers seize in disciplines from a civil and domestic law, criminal right, international law, procedural criminal law, theories of the state and right students such themes: concept of category of official language; language as means of realization of offences; language as means of influence(legitimate and illegal facilities), broadcasting as means of transmission, receipt and fixing of information(code and decoding of speech information, stages of code of the verbal broadcasting; speech markers of shows and others like that). “Judicial rhetoric” as educational discipline is called to prepare a future lawyer to work with an audience, to teach to come forward, to convince, to take facilities words, to conduct a structural dialogue and polylogue. The aim of study of discipline “Legal deontology” – to give to the students-lawyers the basic knowledge about requirements to professional and ethic qualities of legislator, to acquaint with the specific of the social adjusting of their professional activity, expose the deontological norms of culture, to teach the students to understand in the structure of right, facilities of legal technique and to decide the question of legal qualification on this basis. The aim of course “Ukrainian” is a professional acquaintance of students with the theoretical and practical aspects of Ukrainian’s structure in the field of professional communication, forming of communicative skills of future specialists. These disciplines are possible to count the modules the “Language competence: maintenance and ways of forming”, “Feature of preparation and realization of acts of language communication”, “The public speaking as variety of verbal language”, “Specific of language embodiment of information in the field of professional communication”, “Text as means of different styles communication”, “Business document as basic type of writing form of language of professional communication”. However the offered program does not provide forming of such important for a lawyer abilities, as ability to interpret a law, interpret business facts, conduct a professional dialogue as judicial action. The aim of discipline teaching is “Legal scientific discipline of documentation and bases of modern office work” is a professional acquaintance of students with the theoretical and practical aspects of structure of scientific discipline of documentation and office work documentation on the modern stage of its functioning, forming of proof professional and communicative skills in the field of business communication.
We will consider the curriculum of faculty of law of Frankfort university is named after Goete. A Professionally-communicative constituent pierces to both the duty and the special disciplines. To obligatory disciplines belong civil, criminal, public, judicial law in connection with the corresponding divisions of European right, methodology right, the bases of the theory of right, the philosophy of right, the sociology of right, the history of right and constitution. The stage of the special preparation lasts in sixth – eighth semesters and includes, in particular, the theory of leading to, legal hermeneutics, legal logic, sociology of right, legal ethics, legal psychology.
As an analysis of literary sources testifies (Kroschel, 1994; Kissel, 1981), in Germany the communicative preparation of future lawyers is one of important aspects of professional preparation. Essence of conception of communicative preparation of future lawyers consists in integration of the special courses of the special and professional disciplines, in continuous perfection of skills of the verbal and writing broadcasting, receptions of analytical mental work, that need to know languages. All systems of teaching is careful thought out thus, to form and develop organizational, pedagogical, communicative flairs for future lawyers. The considerable attention is spared to the studies of professional German. The language courses operate at the universities. In particular for foreigners in higher educational establishments of legal profile courses function “German for lawyers”.
We will find out also a role and place of productive practice in forming of professional communicative competence of future lawyers. Aim of practice : capture students by modern methods, by the forms of organization of labor in industry of their future profession; the students of professional abilities and skills of acceptance of independent decisions have forming; education of necessity systematic to proceed in knowledge, to promote a legal culture and professional legal consciousness; to teach to apply knowledge in practical activity, to purchase experience. Task of practice: to acquaint students with practice of work, experience of organization of legal work in organization, practice of application of current legislation of Ukraine, organization of legal education and studies; to collect and generalize practical material for writing of term (diploma) paper, to purchase skills of realization of research work.
The order of realization of practice is certain Department of education and science of Ukraine and university. According to a curriculum the students of daily and in absentia forms of studies pass productive practice on the second, third, fourth courses; and students of in absentia form of studies – on the last course. Before diploma practice students pass the last course of studies.
The analysis of current documentation of practices was witnessed also, that in the system of productive practices do not enough realized in the principle of continuity, oriented to forming of professional communicative competence of future lawyers, its progressive advance and perfection from a course to the course. Among reasons of such state is an unexhausted mechanism of taking into account of individual features, interests of students, intercommunication between an university and legal establishments practice is conducted in that .
In Germany practice for future lawyers begins after the theoretical course of studies, that lasts 3,5, and handing over of the first state examination, and lasts two years in “obligatory” legal establishments and establishments at choice. To “obligatory” belong: general court from civil cases, court from criminal cases or office of public prosecutor, administrative and managerial establishments, advocacy. In these establishments practice lasts to three months, more than time taken on practice after the choice of future lawyer. After practice students pass the second state examination.
The sign line of studies of lawyers in Germany is close connection and active collaboration with the faculties of law of the foreign states. Many German universities have partner agreements with the universities in Europe, America, Asia about an exchange students.
So, it is possible to draw a conclusion, that the state of forming of communicative competence of future lawyers is both in Ukraine and in Germany has common feature. Firstly, the legal system of both Ukraine and Germany is based on confession of law the basic source of right, both the fields of law and basic concepts coincide for this reason. Secondly, a basic normative document that determines organization of educational process in higher legal educational establishment in Ukraine and Germany is a curriculum. The conducted analysis of curriculums of faculty of law of University of modern knowledge (Ukraine) and Frankfort university (Germany) is shown that they are based of the educationally-professional program, structural and logical chart of preparation. Thirdly, the structure of professional preparation of future lawyers is folded educational-cognitive, research and also productive practice. Fourthly, a main place is taken to conception of communicative preparation of future lawyers, the essence of that consists in integration of the special courses of the special and professional disciplines, in continuous perfection of skills of the verbal and writing broadcasting, receptions of analytical mental work, that need knowledge. All these factors assist of forming of communicative competence of future lawyers.
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