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Political regimes are a set of ways and methods of exercising power. Main stages of lawmaking

Main feature- the relationship between the state and the individual. Totalitarian regime characterized by complete (total) state control over all areas public life(economics, politics, ideology, social, cultural life of society). In such states there is a primacy of the state over law and a general militarization of public life. There are different regimes: oligarchic - the power of a few, financial-oligarchic - the power of the richest few, authoritarian(autocratic, dictatorial) - power in the hands of one person.

Democratic regime takes shape in legal states and guarantees the protection of individual rights in all spheres of public life, creates mechanisms for direct influence of the population on the nature of state power through elections, implements a real division of powers into three branches, takes into account the interests of the majority and minority. The main principle of activity is pluralism; the state regime is based on laws.

Level of development of democracy in different countries may be different. It depends on the degree of representation of all segments of the population in elected bodies of power and the ability of the people to directly influence the decision-making of government bodies. Varies direct democracy- direct participation of the people in resolving issues of state and public life (elections, referendums, demonstrations, strikes, etc.) and representative democracy,- which means the transfer by the people of part of the power belonging to them to the bodies they form (parliament, president, constituent assembly etc.).

Lawmaking: concept, principles, stages.

Lawmaking– the process of cognition and assessment of the legal needs of society and the state, the formation and adoption of legal acts by authorized entities within the framework of appropriate procedures.

Elements of lawmaking:

· 1) Cognition, study and analysis of phenomena and processes that allow or require legal regulation;

· 2) Determination of the body or other entity authorized to adopt a legal act;

· 3) Choosing the form of the proposed act;

· 4) Preparation, adoption or amendment of an act within the framework of the relevant procedures.

Principles of lawmaking– fundamental principles observed in the process of adoption, amendment, addition or repeal of legal acts:

· - The principle of democracy - the population should be involved in participation in law-making, and its opinion should be taken into account when developing and adopting normative legal acts;

· - The principle of transparency – lawmaking activities are carried out in an open and accessible form to the population;

· - The principle of scientific character - scientists, experts, and practitioners should be involved;

· - Principle of legality - must be carried out only by authorized competent authorities in compliance with the requirements of the law;

· - The principle of professionalism - must be carried out by professionally trained subjects using special techniques and means of legal technology;

· - The principle of planning - must be carried out according to a pre-thought-out plan;

· - The principle of enforceability - adopted regulations must have funding and a personnel base for their implementation.

Main stages of lawmaking:

· 1) legislative initiative - the right of subjects to submit a bill for consideration to the legislative body (subjects - the President, deputies of the State Duma, members of the Government, Federation Council, bodies of the subjects of the federation, the Armed Forces of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Constitutional Court);

· 2) discussion – carried out in the State Duma committees;

· 3) adoption – by the State Duma, approved by the Federation Council;

· 4) signing - by the President;

· 5) promulgation of the law.

Basic legal systems of our time. Criteria for the classification of modern legal systems.

The concept and structure of the political system of society.

Various subjects take part in social management: the state (specially designed for this purpose), parties, political movements, public associations, etc. All of them, having an active influence on political life society and implementing political power, unite in political system.

Political system of society is a set of institutions (government bodies, political parties, movements, public organizations, etc.), within which the political life society and is carried out political power.

Concept " political system of society", which entered scientific circulation in the second half of the twentieth century, shows how political processes, how it is formed and functioning political power. It is a mechanism for organizing and implementing political activities.

The following components of the political system are distinguished:

1) political organization society, which includes the state political parties and movements, public organizations and associations, labor collectives, etc.;

2) political consciousness, characterizing the psychological and ideological aspects political authorities and political system;

3) social political and legal norms governing political life society and implementation process political authorities;

4) political relationships between elements systems about political authorities;
5) political practice consisting of political activities and total political experience.
A system-forming category that integrates these elements into a single political system is the category " political power".

Each organization included in political system occupies its own special place in it, has a special purpose, its own functions, in accordance with which it participates in solving common problems society.

Depending on the nature, the following types are distinguished: political systems: democratic, command-administrative, theocratic, transitional, etc.

Political system (PS)– a set of different political institutions, socio-political communities, forms, interactions and relationships between them, in which political power is realized.

Features of the political system:

· 1. it is within the framework of the PS and with its help that political power is exercised,

· 2. PS depends on the nature of the social environment and the socio-economic structure of society,

· 3. The PS has relative independence from other social systems.

Functions of the political system:

· 1. determination of goals, objectives and ways of development of society,

· 2. organization of the company’s activities to achieve goals,

· 3. distribution of material and spiritual resources,

· 4. development and implementation of various norms of behavior in society and monitoring their implementation,

· 5. ensuring stability and security of society, introducing people to political life.

The political system includes the following elements:

1. The institutional subsystem is a set of political organizations (institutions), which includes the state, non-governmental organizations (political parties, socio-political movements) and some other organizations (for example, interest clubs, sports societies). It consists of:

· - political institutions, the immediate purpose of which is to exercise power or influence it (state, political parties, socio-political movements),

- organizations whose activities have only a minor political aspect,

· 0 non-proprietary political ones, operating in the economic, social and cultural spheres of society (trade unions, religious organizations).

2. The communicative subsystem is a set of relationships and forms of interaction that develop between social groups, nations, and individuals regarding participation in the exercise of power, development and implementation of policy.

3. Normative subsystem – political norms and traditions that determine and regulate the political life of society, including ethical and moral norms.

4. Cultural-ideological subsystem - a set of political ideas, views, perceptions and feelings of participants in political life that are different in content, i.e. political consciousness of the subjects of the political system, which operates at two levels:

· - theoretical (political ideology);

· - empirical (political psychology).

Particular attention is paid to political culture - a complex of behavioral stereotypes, values, and political ideas typical for a given society.

Types of interpretation of legal norms.

Interpretation of the law- the intellectual and volitional activity of subjects, expressed in a special legal act, to understand and explain the rules of law for the purpose of their most correct implementation.

The need to interpret legal norms:

· 1) the rules of law are general and abstract in nature, and their application is necessary in a specific life situation,

· 2) brevity and conciseness of the wording of the rules of law, the use of special terminology in them requires special explanations,

· 3) imperfection of legal technology leads to ambiguity and inconsistency of individual legal acts.

Ways to interpret the law– special techniques, rules and means of cognition of legal norms, used consciously or intuitively by the subject to obtain clarity regarding legal orders.

Ways to interpret the law:

· 1) Linguistic (grammatical, philological) – identifying the meaning of legal norms based on knowledge of the language in which the legal norms are formed, using the rules of syntax, morphology, and word usage.

· 2) Systematic - understanding the meaning of a rule of law by comparing it with other rules, identifying its connections in common system legal regulation and specific place in legal acts, industry or legal system;

· 3) Logical – study not of individual words, but of internal connections between parts of a normative act, the logical structure of legal regulations through the direct use of laws and rules of logic;

· 4) Historical and political – identifying the meaning of a rule of law by referring to the history of its adoption, goals, motives that determined its introduction into the system of legal regulation;

· 5) Special legal – understanding the meaning of special legal concepts, categories, structures based on professional knowledge of legal science and legislative technology.

Structure of legal interpretation:

· 1) participants (subjects): official, unofficial subjects;

· 2) object: rules of law and social relations regulated by them;

· 3) action: legal actions and operations (clarification and clarification);

· 4) methods: linguistic, systematic, logical, historical and political, special legal;

· 5) result: legal assessments about the content of the rule of law;

· 6) form: internal and external (written and oral).

Interpretation of legal norms by subject:

· 1) Official interpretation - given by bodies authorized by the state, enshrined in a special act and has generally binding significance;

· 2) Unofficial interpretation - carried out by entities whose activities in this area are not official.

Types of official interpretation:

· 1) Authentic – given by the body that issued the interpreted normative act;

· 2) Legal (delegated) - the law gives one or another body the right to interpret acts issued by other bodies;

· 3) Casual – given in relation to a separate case (incident);

· 4) Normative – given in relation to the consideration of all cases of a certain category, resolved on the basis of the relevant norms.

Types of unofficial interpretation:

· 2) Professional – explanations come from persons competent in the field of law;

· 3) Ordinary – understanding and explanation of the law by citizens who are not specialists in jurisprudence.

Types of interpretation of legal norms by scope:

· 1) Literal – the understanding of the meaning of the interpreted rule of law completely coincides with the text of the source of law;

· 2) Expanded – the meaning that the legislator has put into the rule of law is broader than the meaning arising from the text of the rule of law;

· 3) Restrictive – the meaning that the legislator put into the rule of law is already the meaning arising from the text of the rule of law.

Laws in the Anglo-Saxon legal system.

Another source of Anglo-Saxon law is law (statute). It appeared much later than the precedent, but gradually acquired very important significance in the legal regulation of public relations.

English legislative acts classified on different grounds. According to their scope of action they are divided into public, extending to an indefinite number of subjects and operating throughout the UK, and private, extending to individuals and territories.

Often, Parliament delegates its powers to adopt regulations to other entities (the Queen, the government, ministries). The totality of these acts constitutes “delegated legislation”. The legal force of such acts is determined by the transfer of part of the legislative functions of Parliament to the relevant body. Therefore, their decisions are considered part of the law and are binding on all citizens. The highest form of delegated law-making is the “order in Council”, which formally represents an order of the Privy Council (the monarch and privy councilors), but in fact - the government.

In addition, autonomous legislation is highlighted - acts of local authorities operating in the relevant territory, some institutions, organizations (the Anglican Church, trade unions, railway, construction, transport, gas companies, the Law Society, etc.). They make decisions that are binding on their members, the users of their services. The legal force of such acts is inferior to that of acts of Parliament and delegated legislation. In terms of hierarchy, they are close to the acts of law enforcement agencies.

Statute takes precedence over precedent in the sense that it can overrule it. However, this does not mean that the precedent is derived from the law and is secondary in nature. The uniqueness of Anglo-Saxon law lies in the fact that the law in it is not implemented independently, but through precedents, through them. Before becoming a valid act, it must be “acquired” by binding court decisions that specify it. English judicial practice knows many cases when adopted statutes remained stillborn, were ignored by the courts, or their meaning and significance were interpreted differently. Hence, the English statute cannot be considered as a source that destroys or levels out the system of precedents, as a foreign form of law; rather, on the contrary, it itself has become an appendage of this system, complementing and improving it.

Formation of characteristics of the state.

The following features are common to the state:

1) Availability of public authority(a set of control and suppression apparatuses). State power in society is exercised by a special layer of people who are endowed with state power.

2) Administrative-territorial organization of the population. The point is the best (rational) organization of state power and management in the occupied territory.

3) Population. Characterizes people’s belonging to a given society and state (implemented through the institution of citizenship).

4) State sovereignty. The independence of state power from any other power (political and ideological) inside or outside the country, expressed in its exclusive, monopoly right to independently and freely decide all state affairs. State sovereignty has two sides: external (autonomy and independence in the external affairs of the country, the inadmissibility of interference in internal affairs from the outside, except for a limited number of cases provided for by international law), and internal (the exclusive right to legislation, governance and jurisdiction within the country throughout the country). state territory). Sovereignty can be formal when it is proclaimed legally and politically, but is not actually implemented due to dependence on another state dictating its will. In some cases, we can talk about restrictions on state sovereignty, which can be voluntary or forced.

5) Tax system– generally obligatory and gratuitous payments collected in established sizes and within a certain time frame. Taxes are necessary to maintain the state apparatus, maintain the defense capability of the state, develop science and culture, and social protection of the population.

6) State territory- a part of the globe that is under the sovereignty of a particular state. It includes: land with its subsoil, water areas, as well as the air space over the land and waters. Land is all land territory within the borders of a state. The water territory consists of internal (national) waters and territorial waters. The nave located under the land and water territory belongs to the given state to a technically accessible depth. The airspace includes the troposphere, stratosphere, as well as a significant part of the overlying space (approximately up to an altitude of 100 km). The lateral limits of the state's territory are designated by state borders - extended in nature or imaginary lines on the earth's and water surfaces, which define the limits of the state's sovereignty over its land and water territories, airspace and bowels of the earth.

7) Lawmaking activities, realizing the close connection of the state with the law. Legislation is special social norms enshrined in regulatory legal acts issued by the state authorities: laws, decrees, regulations. Such norms are called legal, and the system containing them is usually called legislation.

8) State symbols– coat of arms, flag, anthem.

9)Monopoly to the legal use of force and physical coercion. The range of state coercion extends from restriction of freedom to physical destruction of a person. The ability to deprive citizens of the highest values, which are life and freedom, determines the special effectiveness of the state; there are special means (weapons, prisons, etc.), as well as bodies - the army, police, security services, courts, prosecutors.

10) Mandatory membership in the state. Unlike, for example, a political organization such as a party, membership in which is voluntary and optional for the population, a person receives state citizenship from the moment of birth.

11) Claim for representation as a whole and protection of common interests and the common good. No other organization, except perhaps totalitarian parties-states, claims to represent and protect all citizens and does not have the necessary means for this.

These are signs of an ideal state. Separately, they are present in most modern states, but collected together, such states do not exist.

Legal relationship: concept, characteristics, structure.

There is a legal relationship a type of social relationship regulated by legal norms. Thus, a legal relationship is a legal connection between subjects.
Legal relationship- legal relationship of subjects of law, arising on the basis of legal norms in the event of the occurrence of legal facts provided for by law.

Signs of a legal relationship:

1. Regulatory basis. A norm is an attributive basis of any legal relationship, a prerequisite for its occurrence, change or termination. Subjects cannot arbitrarily establish any legal relationship. A state will directly expressed in the norm is required, authorizing this or that legal relationship. The norm and the legal relationship are inextricably linked; they are parts of a single mechanism of legal regulation. Sometimes a legal relationship is called a “norm in action.” The hypothesis of a norm indicates the actual conditions for the emergence of legal relations, the disposition - their content, the sanction - the negative consequences for participants in the legal relationship who violate the requirements of legal norms.

In a legal relationship, the rule of law is specified in relation to certain subjects and situations. A norm is a rule of a general nature, addressed personally to an indefinite circle of people, designed for repeated application. When the circumstances specified in the norm hypothesis appear, it turns from an abstract rule into a model for one-time use - in relation to a specific life situation.

2. Real character. Legal relations are always objectified externally in the actions, decisions, words, and gestures of the subjects. Therefore, they allow external control, in contrast to, say, the emotional-sensory or intellectual sphere. A very complex network of legal relations operates continuously in society. People sometimes don’t notice that they are participants. Some of them are more or less long-term (citizenship, human rights, property, family, work), others are fleeting (small transactions).

3. Social character. Legal relations are a certain form of social interactions. These are relationships between people and their groups regarding various kinds of social benefits. This is the difference between legal relations and technical (mechanical) interactions built according to the type: Subject-Object.

4. Purposeful, effective, conscious-volitional character. People endowed with will and consciousness participate in legal relations. To become a participant in a legal relationship, a person needs a certain motivation. The conscious-volitional element of the legal relationship develops according to the following scheme: need - interest - goal - task - result. The motivating factor here is various kinds of social values, called the object of legal relations. A person enters into legal relations to satisfy his needs. For example, buy property, elect a deputy, collect losses, register a marriage. Realization of interests, achievement of results is the driving force of the legal relationship. At the same time, the will of the subject, aimed at achieving a legal result, must correspond to the state will, expressed in the norm and specified in the legal relationship.

5. Individual character. The rule of law regulates general, typical, recurring relationships. Therefore, the norm is always abstract and designed for many analogous, similar situations. Legal relations are always individualized; they arise in a specific situation, between specific people, regarding specific objects. Therefore, legal relations are characterized by both typicality and uniqueness. Thus, all legal relations of purchase and sale are somewhat similar, since they are built according to a single regulatory model, however, each of these legal relations is strictly individual and has its own unique specifics.

6. State protection. Legal relations are guaranteed and ensured by the state, including measures of state legal coercion.

Types of legal relations:

1. Absolute and relative. In absolute legal relations, only the authorized participant is formally determined. At the other “pole” there is no personally defined subject. At the same time, all subjects have an obligation not to violate the subjective right of the first participant. A typical example is private property relations, where the owner is confronted by an indefinite number of subjects of law who are obliged to refrain from any actions that impede the implementation of property rights. In relative legal relations, all participants are personally identified. This type includes all legal relations of contractual type, transactions, obligations. The bearer of subjective right (seller, creditor, customer, lessor) is opposed here by a specific obligated person (buyer, debtor, contractor, tenant).

2. Industry. The determining criterion here is industry legislation, on the basis of which a specific legal relationship arises. Thus, administrative, civil, tax, labor, budget, etc. legal relations are distinguished.

3. Bilateral and multilateral. The classification criterion here is the number of participants in the legal relationship - two or more. At the same time, absolute and multilateral legal relations cannot be mixed. In the first, only one participant is personally identified, who is opposed by an unlimited number of subjects (all other persons); in the latter, all participants are identified by name, although their total number may be significant (for example, when establishing an enterprise, holding a general meeting of shareholders).
4. Regulatory and protective. The former arise (change, cease) on the basis of regulatory norms, the latter - on the basis of protective ones. Also, on a regulatory basis, material and procedural, public law and private law relations are distinguished.
5. Based on the duration of existence, there are short-term (small transactions, participation in demonstrations, voting in elections), medium-term ( military service, receiving higher education), long-term (citizenship, disability, pension legal relationship).
6. Simple and complex. The first are characterized by the fact that the subjective right of one participant corresponds to the legal obligation of another participant. A typical example is a legal relationship of the “debtor-creditor” type. In complex legal relations, each of the participants simultaneously has both subjective rights and obligations (for example, labor relations, citizenship or most procedural legal relations).
Structure of the legal relationship includes such elements as subjects, objects, content, legal facts. The legal relationship traditionally includes the following elements:

a) subjects (participants) of legal relations;

b) objects of legal relationship;

Judicial practice as a material source of law in the Republic of Kazakhstan.

Judicial practice, throughout the history of its development, has been a kind of guideline for the correct and uniform resolution of disputes, interpretation and application of current legislation, and filling gaps in regulatory legal acts. In accordance with Article 81 of the Constitution of the Republic of Kazakhstan, Supreme Court The Republic of Kazakhstan is the highest judicial body in civil, criminal and other cases under the jurisdiction of local and other courts, exercises supervision over their activities in the procedural forms provided for by law and provides clarifications on issues of “judicial practice”. Decisions of the Supreme Court occupy an important place in the system of court decisions covered by the concept of “judicial practice”, and they include: 1) regulatory decisions; 2) decisions of the supervisory judicial board in civil, administrative and criminal cases.

An analysis of the Kazakh legal system allows us to conclude that judicial practice is not an independent source of law. It acts as a direct result of the application of law by the courts. In some cases, it represents a set of options for interpreting unclear legal norms, and in others, it is a set of adjustments to other legal norms and gaps. In both situations, the requirement of uniformity must be applied to judicial practice, which is enshrined in the decisions of specially designated courts (mainly in the form of generalizations of judicial practice and guiding clarifications of higher judicial authorities). Regardless of whether judicial practice is recognized as a source of law or not, it occupies an important place in the Kazakh legal system and its significance is determined as follows: a) clarifications of the Supreme Court of the Republic of Kazakhstan regarding the application of legal norms ensure the unity of judicial practice in the Republic; b) in the process of studying and summarizing judicial practice, gaps in the current legislation are identified; V) judicial practice the effectiveness of legal norms is checked, and the need to improve certain regulatory norms is also explored legal provisions; d) generalization and analysis of judicial practice allows us to identify trends in the development of law enforcement activities and determine ways to improve them.

Separation of powers in the practice of a modern state.

Power sharing- political and legal theory, according to which state power should be divided between branches independent from each other (but, if necessary, controlling each other): legislative, executive and judicial. Proposed by John Locke. The term was introduced by Charles-Louis de Montesquieu.

The separation of legislative, executive and judicial powers is one of the most important principles of the organization of state power and the functioning of the rule of law.

The principle of separation of powers means that legislative activity is carried out by the legislative (representative) body, executive-administrative activity by executive authorities, judicial power by the courts, while the legislative, executive and judicial branches of government are independent and relatively independent. The separation of powers is based on the natural division of functions such as lawmaking, public administration, justice. Each of the branches exercises state control to one degree or another. The modern understanding of the principle of separation of powers is also supplemented by the need to separate powers (subjects of jurisdiction) between state authorities and management and municipal bodies. In a federal state, the system of government bodies is three-level, divided into federal authorities, authorities of the constituent entities of the federation and local authorities (local level of government).

The principle of separation of powers is that powers should be distributed and balanced between various government bodies in order to prevent the concentration of all powers or most of them under the jurisdiction of a single government body or official and thereby prevent arbitrariness. Independent branches of government can check, balance, and control each other without violating the Constitution and laws; this is the so-called “system of checks and balances.” For example, in the USSR there was a Supreme Council and a Supreme Court, but they could not be called separate branches of government, since they were not part of the system of “checks and balances.”

It is characteristic that in states with a totalitarian and authoritarian regime, as a rule, the principle of separation of powers is not recognized, or the separation of powers is only formally enshrined in them.

Essence, content and purpose of law.

Law is a product of social development. And it is a phenomenon of civilization, it is designed to ensure and protect the status of the individual, guaranteed space and measure of behavior.

Right- is a system of generally binding, formally defined legal norms, established and enforced by the state, and aimed at regulating social relations. Legal norms established and sanctioned by the state are called positive right.

Essence of law- this is the main, basic content expressed in its external manifestation.

There is a concept public And private rights. Roman jurists believed that public law deals with the interests of the state as a whole, while private law deals with the interests of the individual.

Modern science clarifies that public law assumes that decisions are made by a single center (the state), and in the field of private law, legally significant decisions are made by many private individuals acting independently.

There are several approaches to studying the essence of law:

· class;

· general social;

· religious;

· national;

· racial, etc.

~ With the class approach, law is defined as a system of legal norms expressing the state will of the economically dominant class, elevated to law, while the law is used in the interests of the ruling class.

~ With a general social approach, law is used for broader purposes, as a means of consolidating and truly ensuring human rights and freedoms and democracy.

~ In the religious approach, the interests of religion dominate in laws and regulations, legal customs and other normative documents.

In the conditions of a modern civilized democratic society, the essence of law is to regulate social relations, to achieve, on a normative basis, such a stable organization of society in which democracy, economic freedom, and personal freedom are realized.

The essence of law is this is a general will determined by the material and socio-cultural conditions of society, the nature of classes, social groups of the population, and individual individuals as a result of coordination, a combination of private or specific interests, expressed in law or otherwise recognized by the state and, as a result, acting on a general (general social) scale, a measure (regulator) of people's behavior and activities.

The relationship between economics, politics and law.

An economy is a set of production relations, a mode of production of a particular society.

Politics is the art of managing society, which characterizes relations regarding power between classes, parties, nations; between the state, on the one hand, and the people, on the other.

Law is a system of generally binding, formally defined legal norms expressing public, class will (specific interests of society, classes, etc.), established and ensured by the state and aimed at regulating social relations.

There are two main approaches to ratio these concepts.

According to the first, among these concepts there is no one priority.

METHOD

METHOD (Greek methodos - path to something, tracking, research) - a way to achieve a goal, a set of techniques and operations for the theoretical or practical development of reality, as well as human activity, organized in a certain way. M. in science is also the path of a scientist to comprehend the subject of study, given by a conjugate hypothesis. Within the boundaries of ancient philosophy, attention was first drawn to the relationship between the result and the mathematics of cognition. The systematic study of medicine is associated with the genesis of experimental science. The search for a universal method applicable to any hypostasis of reality (the ideal of “methodological monism”) was not crowned with success. Methods of a general scientific nature are generally considered to be induction and deduction, analysis and synthesis, analogy, generalization, idealization, typologization, comparison, etc. Philosophical methods in science, as a rule, are mediated by other, more private ones, nevertheless they are the ones (not always explicitly recognized by scientists) determine the general direction of the research, the principles of approach to the object under study, and the nature of the interpretation of the results obtained. M. are formed in the course of reflection on an object (subject) theory in a certain metatheoretical area within certain paradigmatic orientations and are enshrined in the principles, norms and methods of research, implemented through skills, abilities, etc. specific researchers and are provided with appropriate tools. The subject development of M. is carried out in a procedure that brings the action of factors synthesized in M. to individual operations. Following M. ensures regulation and control in research (as well as any other) activity and sets its logic.

The latest philosophical dictionary. - Minsk: Book House. A. A. Gritsanov. 1999.

Synonyms:

See what "METHOD" is in other dictionaries:

method- method: A method for indirectly measuring the moisture content of substances, based on the dependence of the dielectric constant of these substances on their moisture content. Source: RMG 75 2004: State food supply system ... Dictionary-reference book of terms of normative and technical documentation

- (from the Greek methodos path, method of research, teaching, presentation) a set of techniques and operations of cognition and practical activity; a way to achieve certain results in knowledge and practice. The use of one or another M. is determined... ... Philosophical Encyclopedia

See method. Dictionary of foreign words included in the Russian language. Chudinov A.N., 1910. METHOD OR METHOD is a known order or plan necessary to achieve a certain goal. Scientific methods are a set of techniques and rules, the observance of which... ... Dictionary of foreign words of the Russian language

Dictionary Ushakova

METHOD, method, husband. (Greek methodos). A path, method, method of theoretical research or practical implementation of something. “...Lenin’s method is not only a restoration, but also a concretization and further development of critical and... ... Ushakov's Explanatory Dictionary

Method- Method ♦ Méthode A set of rules and principles, rationally organized to achieve a certain result. In philosophy, I do not know of a single truly convincing method, except for the actual movement of thought, not... ... Sponville's Philosophical Dictionary

Methodology, method, means, scheme, technology; manner, method, way, recipe, jigging, method, manners, rayism, decripitation Dictionary of Russian synonyms. method see method Dictionary of synonyms of the Russian language. Practical guide. M.: Russian language. Z.E... Dictionary of synonyms

method- a, m., METHODS s, g. method f., German Methode, lat. methodus gr. methodos path following what n.1. outdated Method. A certain order in the arrangement of parts of something. and in actions; system. BAS 1. In duels, a classic and a pedant, He loved the method... ... Historical Dictionary of Gallicisms of the Russian Language

ER method- residual cash flow method Valuation method investment project, at which the required level of return is determined for the residual cash flow (i.e. only for equity as opposed to the WACC method). .

d)

art, skill, skill, totality methods processing, state changes.

e)

a cultural concept associated with human thinking and activity.

and)

intellectual processing of technically significant qualities and abilities.

h)

a body of knowledge about methods for carrying out certain processes.

And)

organized, goal-oriented, intentional pedagogical influence and impact on the learning process.

To)

meaningful technique for implementing the educational process.

l)

a means of guaranteed achievement of learning goals.

m)

description of the process of achieving the planned learning outcomes.

n)

a project of a specific pedagogical system implemented in practice.

Continuation of the table

p)	a minimum of pedagogical impromptu in practical teaching.

Literally, the word “method” comes from the Greek “ methods" and literally translates as " path to something" The philosophical dictionary defines a method as follows: “... in the most general sense  it is a way of achieving a goal, an activity ordered in a certain way.”

As can be seen from this definition, it consists of two parts. Its first part interprets the method, similarly to the definitions discussed above, as a method of activity in the interests of achieving a goal. Its second part defines a method as an activity ordered in a certain way. Let's analyze both of these parts.

From the first part it follows that method  is a method. In turn, it was previously determined that a method is a system of actions, and action has always been an element of activity. Thus, a method  is an activity to achieve a specific goal. However, as was shown above, way is also defined as “an action or system of actions used in the performance of some work, in the implementation of something.” Accordingly, any work has a specific goal and is carried out for the sake of this goal. From here we can draw only one conclusion: the existing definitions of the concepts “method” and “method” practically do not differ from each other, and do not allow us to understand the differences between them.

This conclusion can be fully attributed to the concepts of “methodology” and “technology”. All this gives rise to an urgent need to define the concepts: “method”, “method”, “technique” and “technology”.

Without pretending to be canonical, we will offer the following definitions and relationships, accompanying this process with the necessary explanations.

Way activity  is a collection funds, methods And forms activities necessary for a given change in the initial state of the object of activity (subject of labor).

Graphically it can be depicted like this.

Accordingly, in relation to training and education, this idea can be specified as follows.

Means activity  is a set of material and ideal objects, as well as functional human organs, with the help of which they change the state, properties and form of raw materials, material or semi-finished products in the process of activity.

Method this is a certain logical sequence of actions carried out in the interests of achieving the set goal of the activity.

Moreover, this definition takes into account the meaning of the Greek word “ methods" and its literal translation: " path to something" Accordingly, the path presupposes some sequence of steps, stages that need to be taken and overcome in order to reach its end, which is the final goal of traveling along this path. Therefore, in this context, the concept of “method” was defined as a logical sequence of actions leading to the achievement of a set goal. It can also be said that method- this is a set of actions taken in their logical sequence, which leads to the achievement of a given goal of activity. However, in both cases, the path is not identical to the means and forms of its passage, that is, the concept of “method” is not identical to the concept of “method”.

Form activity determines the nature of the connection between the components of the activity process.

For example, in way metal processing, called “filing”, the following components can be distinguished: means activities  a file of a certain shape and purpose; method activities  reciprocating movements carried out by a file in a certain plane; form activities  individual manual metal processing.

From the above, we can conclude that while the means and forms of activity are important and integral in the structure of a certain method, its basis is still the method of activity, since it is in it that the actions necessary to achieve the goal of the activity are carried out, and the entire set of actions, which are, in fact, the activity itself, and form the essence of the method.

On this basis we can conclude that a methodology of activity can be called a set of methods and means adequate to them, as well as forms of a certain activity, or  a set of methods for this activity.

In relation to the field of education, the methodology of an educational subject, for example, defines “the objectives of studying a given subject and its content”, as well as “the development of methods, methodological tools and organizational forms of training in accordance with the objectives and content of teaching”. Based on this definition, it can be stated that the means and forms of activity are always inextricably linked with methods of activity and must be adequate to them. Abstracting from the definition of methodology as a science that explores the patterns of activity (in our case, teaching), or as a science about methods of activity, we define it as follows.

Methodology activity  is a set of methods of a certain activity with adequate means and forms.

In the development of any methodology, a certain logical sequence of actions can be identified. In generalized form, such a sequence will look as shown in the figure.

Such activity in the sphere of production, for example, involves: processing, manufacturing, changing the state, properties, shape of the object (subject) of activity. At the same time, since the definition of a methodology contains, in addition to methods, also means and forms of activity, we can, in fact, speak not about a set of methods, but also about a set of methods for a certain activity.

Why does the term “methodology” come from the word “method” and not “method”?

Firstly, if the set of methods  is a technique, then, following the laws of logic, the set of methods  is, accordingly, “ method", and such a word in Russian, Ukrainian and others Slavic languages No. Therefore, the set of methods is still called a methodology.

Secondly, as mentioned above, the basis of the method of activity is still the method of activity.

However, based on the analysis of the definitions of the concept “technology” given in the table, which, like the methodology, interpret technology as a set of methods for a certain activity (processing), it is unclear how the methodology differs from technology. Let's try to understand this terminological problem.

Firstly, in general definitions technology indicates that this activity is carried out “in the process of production”. It should be noted that we are talking about material production, where “processing, manufacturing, changing the state, properties, form of raw materials, materials or semi-finished products is carried out.”

Secondly, the concept of “methodology” is used mostly in relation to training and education (as, for example, by S.I. Ozhegov in), that is, in the humanitarian sphere, or the sphere that can conventionally be called the sphere of spiritual production.

What is the difference between these two concepts that characterize human activity?

In the sphere of material production, due to the development of science, technology and technology, humanity has managed to achieve guaranteed on the quality and quantity of performance results.

Such successes in the field of spiritual production, in particular training and education, became possible only after technology had reached a certain level of development. These include the creation of adaptive learning systems, the use of multimedia tools for learning purposes, including, for example, distance learning, the use of which became possible thanks to the intensive development of computer technology. In other words, it can be stated that receiving guaranteed in terms of the quality and quantity of the result in the sphere of spiritual production, it became possible only thanks to successes in the development of the sphere of material production, or rather, thanks to the use of new means of spiritual production, determined by the development of technology and technology. Such means in training, for example, were: computers with appropriate software in the form of training and monitoring programs; use of the international information network Internet, including in the distance learning system; various kinds of modern projection technology using liquid crystals, technically complex training systems, etc., ending with the use of laser pointers.

It is the desire to obtain a result of activity guaranteed in terms of quality and quantity in the sphere of spiritual production that has given rise to the need to use methods that, by analogy with the sphere of material production, would make it possible to obtain it. They, accordingly, are called technologies in the humanitarian sphere in general and technologies of training and education (pedagogical technologies) in the field of education in particular.

Taking into account the above considerations, we can propose the following definition of general technology.

Technology a system of methods (methods, means and forms) of activity that ensures that the final result is guaranteed in terms of quality and quantity.

At this stage of reasoning regarding educational technology (pedagogical) we can conclude the following.

1. Technology in the field of education  is a technique that guarantees a high quality and quantity of the final result.

2. Obtaining high quality and quantity results when using educational technologies does not depend on the subject and object of training and education. At the same time, the methodology should always take into account their individual psychophysiological characteristics and is based on the teacher’s intuition, that is, it is the author’s way of activity or a kind of author’s technology.

3. Technology in education  is a technique brought to perfection, in which, through the use of a special combination of means, methods and forms of training and education, individual psychophysiological characteristics that prevent obtaining a guaranteed result are leveled. In this regard, it should be noted that this “special combination” is nothing more than system activity with all the properties inherent in the system: constant focus on achieving the goal, high noise immunity, etc. It is these properties, characteristic of any system, that ensure the guarantee of the result of the activity.

4. The basis of any technology is always a certain technique and, conversely, the basis of any technique is one or another technology, adapted to the personality of the teacher and students. In this ratio, methodology is more of an art, and technology is more of a science. About this phenomenon V.P. Bespalko, in the epigraph to the first chapter of his famous monograph “Components of Pedagogical Technology,” wrote this: “Any activity can be either technology or art. Art is based on intuition, technology is based on science. Everything begins with art, ends with technology, and then everything starts all over again.”

To summarize our reasoning, we can determine the relationship between these concepts.

^ Method activity is a component, element way activities. In turn, the totality of modes of activity constitutes methodology activities. A technique that gives a guaranteed result regardless of personal qualities subject and object of activity, can be considered technology.

This entire logical chain, adapted to the field of education, can be used to characterize the elements of the pedagogical process.

Literature

1.	^ Dictionary of foreign words.  7th ed., revised.  M.: Russian language, 1979.  624 p.
2.	Goncharenko S.U. Ukrainian pedagogical dictionary. – Kiev: Libid, 1997. – 376 p.
3.	Toftul M.G. Logic. A handbook for students of higher initial knowledge. - K., 1999. - 336 p.
4.	Ozhegov S.I. Dictionary of the Russian language / Ed. Doctor of Philology. sciences, prof. N. Yu. Shvedova. - 10th ed., stereotype. - M.: “Sov. Encyclopedia", 1975. - 846 p.
5.	Big encyclopedic dictionary: In 2 volumes / Ch. Ed. A.M. Prokhorov. - Sov. Encyclopedia, 1991. T.1. - 1991. - 863 p.
6.	Large encyclopedic dictionary: In 2 volumes / Ch. Ed. A.M. Prokhorov. - Sov. Encyclopedia, 1991. T.2. - 1991. - 768 p.
7.	Professional pedagogy: Textbook for students studying pedagogical specialties and directions. - M.: Association " Vocational education" 1997. - 512 p.
8.	Philosophical Dictionary / Ed. I.T. Frolova. - 5th ed. - M.: Politizdat, 1987. - 590 p.
9.	Bespalko V.P. Components of pedagogical technology. - M.: Pedagogy, 1989 - 192 p.

Vasiliev I.B.

Method, method, methodology, technology as pedagogical concepts

An attempt has been made to clarify the existing conceptual apparatus of pedagogy from the standpoint of the idea of an organized terminological system. The author's interpretation of such concepts as “method”, “method”, “technique” and “technology” is presented with their adaptation to the field of education. Their relationship and interrelation are determined.

Vasilyev I.B.

Method, method, methodology, technology as pedagogical concepts

An attempt has been made to clarify the basic conceptual apparatus of pedagogy from the position of presenting an organized terminological system. The author's interpretation of such concepts as “method”, “method”, “technique” and “technology” is presented with their adaptation to the field of lighting. The relationship and interaction of languages is indicated.

I.B. Vasilyev

Method, Process, Technique, Technology as Pedagogical Concepts

In attempt has been made to specie by the existing conceptual apparatus of pedagogies from the point of view of an organized terminological system. The author's treatment of such concepts as "method", "process", "technique" and "technology" with their adaptation to the sphere of education is submitted. Their ratio and interrelation are determined.

Method (from the Greek metodos) means a way of knowing, studying natural phenomena and social life, a method, method or mode of action; the path to the truth.

Briefly about the definition of “teaching method”

In pedagogy there are many definitions of the concept “teaching method.” These include the following: “teaching methods are methods of interrelated activities of the teacher and students, aimed at solving a set of problems of the educational process” (Yu.K. Babansky); “methods are understood as a set of ways and means of achieving goals and solving educational problems” (I.P. Podlasy); “a teaching method is a tested and systematically functioning structure of the activities of teachers and students, consciously implemented with the aim of implementing programmed changes in the personality of students” (V. Okon). The teaching method can be given the following definition: it is a method of orderly activity of the subject and object of the educational process, aimed at achieving the set goals of training, development, and education. Already in these definitions, the method appears as a multidimensional phenomenon, as the core of the educational process. It acts as a mechanism for achieving set goals and largely determines the final results of the educational process.

About its essence

Methods underlie the entire educational process. The set goals are achieved through the correctly chosen path, the forms and means of achieving the goal associated with it. Changing goals always entails changing teaching methods. In teaching methods, one can distinguish teaching methods (the activities of the teacher) and teaching methods (the activities of students to acquire knowledge). The variety of activities of teachers and students leads didactics to different interpretations of this concept and, on this basis, encourages them to identify a different number of teaching methods and give them the appropriate terminology. And yet, most authors have the point of view according to which the teaching method is a way of organizing educational cognitive activity.
Thus, the teaching method embodies the features of work to achieve the goal in accordance with didactic laws, principles and rules, content and forms of educational work, as well as methods of teaching work of the teacher and educational work of children, determined by the personal and professional properties and qualities of the teacher , the totality various features students and the conditions of the educational process. The relationship between the two components of the method allows us to consider it as a developing pedagogical category with unlimited possibilities for improvement. At the same time, there are certain judgments according to which: 1) method is an objectively arisen substance; 2) method - the personal creativity of the teacher, his brainchild, his pedagogical masterpiece. This polarity of judgments still allows a dialectical approach to the high assessment of the personal skill and art of the teacher in the development of teaching methods. This opinion is shared by M.I. Makhmutov, B.T. Likhachev, T.A. Ilyina, I.F. Kharlamov and other teachers.

Reception of training

Analyzing the definitions of the concept from various pedagogical sources, the teaching method can be formulated as follows: it is an integral part of the method, a single action, a specific method, a particular concept in relation to general concept"method". The same techniques can be part of different teaching methods. Or the same method may include different techniques based on the skill level of the teacher. These include: showing the teacher, communicating the work plan, receiving student notes on basic concepts, making comparisons, etc. Techniques are used to enhance children's perception educational material, deepening knowledge, stimulating cognitive activity.
Techniques provide a solution to a task performed by one method or another. In teaching, there are possible transitions of methods into techniques and reverses (method into technique, technique into method), caused by the specifics of training.
The history of the development of teaching methods began in ancient times, in primitive society. Children's education took place in the process of practical life of adults. It was accomplished through practice, visibility, and the word. By imitating adults, observing and repeating the actions of adults (do as I did), improving them, children acquired their own life experience. Thus, the first among historically determined methods can be called the method of imitation. Further development human society and the need to improve teaching became the reason and condition for the development of verbal methods. The complication of transmitted information has brought to life visual methods and methods that ensure the practical assimilation of knowledge. In their simplest versions, these methods were used by primitive hunters. (On sand or clay, scenes of the upcoming hunt were depicted almost in life-scale. Young hunters practiced developing the necessary skills and abilities, methods of hunting: throwing spears, surrounding the animal, coordinating actions).
Despite their capabilities, individual groups of methods could not ensure the achievement of increasingly higher learning goals. The need for their complex application arose, which entailed the need both in theory and in pedagogical practice to analyze, group, systematize and classify them.
In subsequent periods social development The greatest invention of mankind was the book, and in our days - video technology and computer systems. They are also independent and multifaceted teaching methods. It should be noted that the book and video materials can also be considered as sources of information.

Teaching Method(from Greek methodos- the path to something) is the ordered activity of the teacher and students aimed at achieving a given learning goal. Teaching methods (didactic methods) are often understood as a set of ways, methods of achieving goals, and solving educational problems.

Teaching Method characterized by three characteristics, it means:

– purpose of training;

– method of assimilation;

– the nature of interaction between learning subjects.

The concept of teaching method reflects:

– methods of teaching work of the teacher and methods of educational work of students in their interrelation;

– the specifics of their work to achieve various learning goals.

In the structure of teaching methods, techniques are distinguished.

Reception- this is an element of the method, its component, a one-time action, a separate step in the implementation of the method, or a modification of the method in the case when the method is small in scope or simple in structure.

Teaching Method– complex, multidimensional, multi-quality education. The teaching method reflects objective patterns, goals, content, and teaching principles. The dialectic of the connection between the method and other categories of didactics is reciprocal: being derived from the goals, content, and forms of teaching, methods at the same time have the opposite and very strong influence on the formation and development of these categories. Neither goals, nor content, nor forms of work can be introduced without taking into account the possibilities of their practical implementation; it is precisely this possibility that methods provide. They also set the pace of development of the didactic system - learning progresses as quickly as the methods used allow it to move forward.

In the structure of teaching methods, we highlight first of all objective And subjective parts.

Objective part method is determined by those constant, unshakable provisions that are necessarily present in any method, regardless of its use by various teachers. It reflects didactic provisions common to all, requirements of laws and regulations, principles and rules, as well as constant components of goals, content, and forms of educational activity.

Subjective part method is determined by the personality of the teacher, the characteristics of students, and specific conditions.

Teaching methods are carried out in various ways teaching aids, which include both material and ideal objects placed between the teacher and the student and used for the effective organization of educational activities of schoolchildren. These means are various types activities, objects of works of material and spiritual culture, words, speech, etc.

Each individual teaching method has a certain logical structure - inductive, deductive or inductive-deductive. The logical structure of the teaching method depends on the construction of the content of the educational material and the learning activities of students.

Today, pedagogy has many teaching methods, the effectiveness of which largely depends on the individual methodological system of the teacher and the methods and nature of his interaction with students.

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