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"Philosophy of Education"

2018 year, number 4


N. N. Krasnova
Gorno-Altai State University, 649000, Russia, Gorno-Altaisk, st. Lenkina, 1
Keywords: правовое образование, права человека, социокультурная эволюция, обязанности личности, культура права, правообязанное поведение человека в обществе, legal education, human rights, sociocultural evolution, culture of the rights and duties of the individual, the problem of rights and law-bound human behavior in society


Introduction. In modern school and university education, the discipline of «Fundamentals of Law» is presented, the main content of which is the issues of training and education of adolescents and young people from the perspective of knowledge and protection of their rights, interests and freedoms in civil society. However, in this discipline, the duties of young people towards society and other people are presented much more modestly. In theory and practice, the question arises of clarifying the relationship between the rights and duties of a person in the system «society - state - person». Methodology and methods of the research. The following techniques have been applied: the dialectical methodology, the systems approach, and the methods: comparative legal analysis, synthesis, induction, deduction, extrapolation. The results of the study. The author has identified the main stages of the socio-cultural evolution of law: 1) the right of society (where a person is only an object of relations so far); 2) a person in law (as a subject of relations); 3) human rights as a branch of law. The third stage legally enshrines human rights. Research on the systemic dialectics of the elements and the system (in society - the human and socio-system). The main types of relations as applied to person and society are highlighted: priority of rights and minimization of duties; the measure of the rights and obligations of the subject; maximization of duties with a minimum of rights. The first and third types of relations are not optimal. The basis of social balance is the second type associated with the culture of human rights and obligations in society. Conclusion. The legal discipline of «Fundamentals of Law» must be based on a culture of rights and obligations of the subject. In legal education and training it is necessary to solve the problem of rights and the right-bound behavior of the person in society.