Christian values in the professional training of future lawyers

Devoted to problem of Christian values in the professional training of future lawyers. The concept of "Christian values" is analyzed, the importance of formation of Christian values in future lawyers under conditions of russian aggression is emphasized.

Рубрика Педагогика
Вид статья
Язык английский
Дата добавления 20.08.2023
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Vasyl Stefanyk Precarpathian National University

Lviv Polytechnic National University

Christian values in the professional training of future lawyers

Halyna Bilavych, Doctor of Sciences (Pedagogy), Professor of the Pedagogy of Primary Education Department

Nataliya Mukan, Doctor of Sciences (Pedagogy), Professor, Professor of the Pedagogy and Innovative Education Department

Tetiana Horokhivska, Doctor of Sciences (Pedagogy), Associate Professor, Head of the Pedagogy and Innovative Education Department

The article is devoted to the problem of Christian values in the professional training of future lawyers. The concept of "Christian values” has been analysed, the components of a lawyer's professional profile have been singled out. It was concluded that the effectiveness of the lawyers ' professional training largely depends on the degree of their mastery and assimilation of value orientations, the formation of professional and value beliefs, which are based on Christian principles. The experience of benevolent practical activity of Ukrainian lawyers in the field of social and legal protection of Ukrainians has been analysed. Pedagogical principles have been characterized; directions of professional training offuture lawyers in a higher education institution based on Christian morality have been outlined.

Keywords: Christian values; future lawyers; legal culture; professional profile of a lawyer; professional training; Ukrainian lawyers.

Галина Білавич, доктор педагогічних наук, професор, професор кафедри початкової освіти Прикарпатського національного університету імені Василя Стефаника

Наталія Мукан, доктор педагогічних наук, професор, професор кафедри педагогіки та інноваційної освіти Національного університету "Львівська політехніка

Тетяна Горохівська, доктор педагогічних наук, доцент, завідувач кафедри педагогіки та інноваційної освіти Національного університету "Львівська політехніка

Християнські цінності в професійній підготовці майбутніх юристів

Стаття присвячена проблемі християнських цінностей у професійній підготовці майбутніх юристів у закладі вищої освіти. Проаналізовано поняття "християнські цінності”, увиразнено важливість формування християнських цінностей у майбутніх юристів за умов російської агресії, що актуалізує процес гуманізації юридичної освіти, метою якої є формування не тільки всебічно розвиненої особистості українського юриста, що володіє необхідними ключовими компетентностями, а й національно-свідомого громадянина, патріота, державотворця, високоморальної людини, яка усвідомлює суспільну відповідальність за результати своєї діяльності, громадянський обов'язок і дотримання морально-етичних норм, сповідує християнські цінності. Виокремлено складники професіограми юриста.

Ключові слова: майбутні юристи; правова культура; професійна підготовка; професіограма юриста; українські правники; християнські цінності.

Introduction

Problem statement. Today, the search for new paradigms of higher education, including legal education, continues. The problem of professional training of future lawyers is especially relevant under the conditions of modern challenges faced by Ukraine. Today's realities, caused by Russian aggression, Russia's intervention on the territory of Ukraine, which began in 2014, determine, among other things, the process of legal education humanization. The purpose of legal education is defined as follows - the formation of a comprehensively developed personality of a Ukrainian lawyer who possesses the necessary key competencies, as well as a nationally conscious citizen, patriot, state builder, highly moral person who is aware of social responsibility for the results of his activities, civic duty, and compliance with moral and ethical norms, professes Christian values.

Therefore, the effectiveness of professional training largely depends on the degree of acquisition and assimilation of value orientations, the formation of professional and value beliefs based on Christian principles of future lawyers. Mastering them, as well as the values of legal culture, the future lawyer must be able to transform and interpret them in accordance with personal qualities, the content and nature of his legal practice. In everyday activity, such a specialist evolves to the extent that he not only masters and develops legal activity, but also accepts legal and spiritual / Christian values.

The analysis of recent research. Scientists, analysing the problems of professional training of future specialists, in particular lawyers, are actively studying the issue of the unity of legal and moral education in the professional training of future lawyers in modern institutions of higher education (Yu. Hrybovska, O. De- nyshchyk, O. Zaharyash, Yu. Kozlovskyi, V. Lozovyi, Lutskyi, M. Medvedyeva, O. Petryshyn, A. Romanova, N. Rukolyanska, V. Skotnyi, A. Smulska, S. Slyvka, Tkachuk, N. Tushnitskyi, D. Fiolevskyi etc.), distinguish the significance of Christian morality in the system of professional training of future lawyers (Yu. Hrybovska, I. Zinchuk, I. Lutskyi, N. Rukolyanska, I. Tkachuk, N. Tushnitskyi etc.), however, there is no comprehensive study of the pedagogical foundations of the formation of Christian values of higher legal education students as a means of professional training humanization.

The purpose of the article is to analyse the place and role of Christian values in the professional training of legal education students.

Research results

The Christian faith is a vital necessity not only for the good of every person, but also for the good of entire peoples, since the highest spiritual and universal values are concentrated in it - love, mercy, kindness, honesty, justice, etc. These are the qualities that are embedded in the soul and heart of each personality, and the future of the state depends on their content. The idea of love and respect for another person as an image of God forms the basis of Christian morality. Every person is endowed with many rights from an early age, many of them he acquires upon acquiring citizenship, these rights are enshrined in the Constitution. At the same time, the spiritual development of a person based on Christian morality is a necessary element for their practical implementation. This is especially important for the formation of the future lawyer in the process of his professional training, and professional activity. christian value lawyer

Today, for the formation of future lawyer's professional profile, it is important not only to possess a few key competencies, but also to acquire Christian virtues, to educate students as nationally conscious patriots of Ukraine, people endowed with high civic consciousness, persons with state interests, active state builders, builders of the constitutional state. To raise a nationally conscious and patriotic, healthy, cultural community of people, it is necessary to rely on the power of Christian morality, since Christianity is the educational factor that directs a person to perfection, makes him spiritually rich, strong, highly moral, and educates him in qualities practicing Christian [4; 9]. And such specialists are always worthy citizens of their homeland, because as Christians they answer to God, as citizens to the state. In addition to the fact that the Bible (it is primarily the

Ten Commandments, which we interpret as God's constitution), and the Constitution of Ukraine - the main law of our state - do not contradict each other, however, the fulfilment of the Ten Commandments is not only a condition for the professional activity of a lawyer, but also a guarantee of his spiritual life, a guarantee of active public benevolent social activity, which is especially relevant under the conditions of the Russian-Ukrainian war, as well as the prospect of eternal life. We understand Christian values, first, as the help for the neighbour, the one in need. Under modern Ukrainian realities, this is not only volunteering, charity to support the Armed Forces of Ukraine, temporarily displaced persons, etc., but also charitable actions in the field of providing legal assistance, counselling people.

There is no unequivocal approach to the definition of the “Christian values” concept. And this is understandable, since the content and structure of Christian values are not constant, they are determined by the historical development of society, religion itself, etc. There is an opinion that Christian values should be considered as a system of universal human values (love, freedom, equality, justice, mercy, etc.). Within each individual denomination, the concept of “Christian values” acquires a different meaning. The concept of “Christian values” is usually studied within the framework of theological discourse, but it is time to actualize this problem not only in the dimension of legal sciences, but also to actively introduce knowledge about Christian values into the process of professional training of future lawyers. Today's realities testify, that under the conditions of the challenges of war, a lawyer is in high demand. This is the specialist who not only possesses the necessary system of knowledge in the field of law, relevant skills, and abilities, but also is a public activist, a volunteer who is guided in his professional activity by humanistic values. This is a personality with a clear attitude towards charity, showing mercy, helping those who suffered because of the war, providing legal education of the population, etc. We agree with A. Romanova's opinion that it is through the “spiritual world of a lawyer that informational connections between him as a person and the world are established, a meaningful attitude towards this world is developed, and the ability to empathize is formed”, therefore “phenomena of spirituality such as love acquire special significance and faith” [5, 197].

The historical experience of training lawyers in Ukraine, in particular in Galychyna at the end of the 19th century - in the 30s of the 20th century, testifies the cultivation of Christian values in legal education. This can be confirmed by the benevolent practical activity of Ukrainian lawyers in the region in the field of social and legal protection of the Ukrainian population. Such Christian values as mercy and charity were not just an expression of the help for a neighbour, but also the realization of the concept of “national autarky”, the goal of which was the acquisition of socio-economic, and therefore national independence, a kind of investment in the creation of a new, better Ukrainian society through saving those who need help from poverty and death, allocating material and spiritual values to the education and culture of the young generation of Ukrainians - the future builders of the state. This “missionary mission” of Ukrainian lawyers was substantiated by the congress of the Union of Ukrainian Lawyers ((UUL) - public professional organization of lawyers), held in February 1926: the Ukrainian lawyer should become a “teacher and brother of the law” for the working people [3]. Let's emphasize: the Ukrainian public human rights movement actively spread in Galychyna: already at the end of the 20s of the 20th century. 12 district branches of the society emerged, to which 142 of 237 Ukrainian lawyers belonged [7; 10, 61-82].

The analysis of the activity of the UUL gives grounds for the conclusion that Ukrainian lawyers actually outlined the professional profile of a lawyer, among whose competencies, in addition to professional skills, issues of legal, moral culture, and Christian-ethical issues of professional activity took a significant place, taking into account not only the peculiarities and the specificity of the legal profession, but also the issue of public service for the benefit of the Ukrainian people. According to the concept of “national autarky” it meant selfless ascetic work for the future national, political, and economic liberation of Ukraine. Hence the ideal of the title of “advocate title”: a lawyer is a “good citizen, a faithful son of the people”, “a representative and defender of people's rights”, “an artist of thought and words, a person of struggle and knightly spirit, a spokesman for law and justice”. The height of the ethical state of Ukrainian lawyers”, the level of their national consciousness, patriotism testified “to the strength and consciousness of the nation” [10]. Therefore, in this situation, Ukrainians could expect and hope for real protection of their civil and national freedoms. UUL, which at one time was headed by the well-known lawyers in the region S. Fedak, L. Hankevych, K. Levytskyi, turned into a reputable Ukrainian public professional institute. Such reputable lawyers as L. Bachynskyi, V. Okhry- movych, S. Shukhevych, M. Voloshyn, Ya. Olesnytskyi, I. Golubovskyi, A. Gerasymovych, V. Zagaykevych, A. Chaykovskyi, and others served as an example of bright charitable activity. The invaluable role of Ukrainian lawyers is in the creation and development of the Faculty of Law of the Ukrainian Secret University in Lviv (USU), which operated during 1921-1925. Ukrainian lawyers (attorneys S. Baran, M. Levytskyi, M. Vo- loshyn, V. Okhrymovych, etc.) demonstrated an active civic position by giving free lectures to USU students and conducting practical classes for them. By their own example, by their active charitable public activity, they demonstrated to future lawyers how to combine Christian values with everyday professional activity, how to work “for the benefit of the Ukrainian people”. In addition, USU teachers supported Ukrainian law students in every possible way, including financially, contributing to their education and professional training, including abroad [6].

We consider as an example of Christian service, the activity of the lawyer, public figure, and writer Ye. Ka- lytovskyi, who started a movement in Galychyna regarding the care of riflemen' s graves. For this purpose, he founded the Society for the Care of Riflemen's Graves, with the aim of forming national consciousness, patriotism, and Christian values among the people of Galy- chyna. In 1922, Ye. Kalytovsky organized the first walk of the Ukrainian youth of Stryishchyna to Makivka Mountain to arrange the riflemen's graves [6].

We would like to emphasize that today the activity of the Association of Christian Lawyers of Ukraine “Hushai” [1], the idea of which arose in October 2010 at a conference for Christian lawyers held in Kherson, is spreading in Ukraine. Next year, the founding congress was held at the Second Conference of Christian Lawyers. The purpose of the Association is to unite Christian lawyers of Ukraine who perform their professional activities, based on Christian values, for professional service to the Church and society. The public organization Association of Christian Lawyers “Hushai” (ACL) is a non-profit organization, created based on the unity of interests and aspirations of the Christian society “to ensure and realize the rights and freedoms of believers in Jesus Christ, citizens of Ukraine through professional service” [1]. Among the goals of this public institute of Christian lawyers there are the protection of religious freedom; bringing together a team of lawyers who aim to protect Christian values; responding to problems and threats to the activity of Christian religious organizations; protection of the rights and freedoms of Christians and Christianity; strengthening the Christian foundations of society in Ukraine; assistance in the development of normative legal acts in the field of economic, social, public, political relations, preparation and participation in relevant events [1]. In order to realize the key goal of ACL “Hushai” carries out independent monitoring of the situation in Ukraine for the purpose of preventing discrimination or narrowing the rights and interests of Christian religious organizations and Christians in general; protects Christian values, rights and freedoms in Ukraine and at the international level; analyses normative legal acts for the purpose of ensuring the functioning of Christian churches and provides relevant recommendations; develops and participates in the development, as well as processes the projects of normative legal acts developed by the subjects of the legislative initiative and analyses their impact on religious freedom; spreads Christian values among lawyers and organises events to unite lawyers in the Christian unity; creates a platform for professional communication of lawyers who carry out or want to carry out their professional activities based on Christian values;

forms the basis for active cooperation with state authorities and local self-government for the implementation of Christian values in regulatory and legal acts and directions of their work, in particular in the social sphere; implements programs and carries out legal educational activities for the professional support of practitioners and future lawyers [1].

There is no doubt that the creation of this association is a response to today's needs, a reaction to the challenges that Ukrainian citizens face today. According to statistics, 75% of Ukrainians consider themselves Christians. Many lawyers profess Christian values, are religious people, and this influences their lives as well as it is reflected in their professional activities. If we briefly formulate the peculiarity of the professional profile of a Christian lawyer, then it becomes obvious that a Christian lawyer differs from an “ordinary” lawyer in beliefs based on biblical principles, the essence of which form the Ten Commandments [1]. In today's world, in the absence of ideals, moral principles and concepts, when the boundaries are blurred, faith in Christ provides a guide and basis for the right attitude towards people and the fulfilment of the law. For example, a Christian lawyer will not take on a divorce case, because he believes in the sanctity of marriage and defends these principles, in such a situation he advises people to make every effort to preserve the family. A Christian lawyer urges his clients to obey the laws of the state, however, if the government, contrary to its purpose, passes laws that differ from or directly contradict the Law of God, the Christian lawyer will inform the clients to reserve the right to act according to their conscience and principles laid down in the Gospel. If a client asks a lawyer for illegal or immoral actions, a Christian lawyer will not work with such a client. The loss of self-respect and authority is not worth the profit that can be obtained from such cooperation. A good reputation, which is important in the activity of a lawyer, takes a long time to build, and it can be lost in a few minutes [2].

In this context and to obtain objective and true knowledge, the study of the influence of Christian values on the formation of the legal culture of the future specialist in the field of law requires the performance of several tasks. Valid in this context are the considerations of the researcher I. Tkachuk, who notes that in the learning process it is necessary to follow certain principles: “1) the study of the influence of Christianity on legal culture should take place in a dialectical relationship with other factors of its formation (norms of Roman law, Hellenic philosophy); 2) the use of specific religious terms and concepts requires interpretation and establishment of their relationship with the conceptual apparatus traditional for legal science; 3) the views of Christian denominations on legal phenomena should be compared with corresponding secular concepts; 4) the study of the role of Christian values in the formation of the legal culture of Ukraine cannot be limited only to the analysis of the doctrines of Christian churches, but should be supplemented by the study of the practice of these churches” [8, 59].

Conclusions and prospects for further research

Based on the research we conclude that there is the influence of Christian values on the formation of the legal culture of future lawyers in the process of their professional training in a higher education institution. The process of Christian values formation is complex, controversial and long-lasting, due to a number of reasons, among which we distinguish the following: the complexity of the object of knowledge, i.e. the concept of “Christian values”; the presence of this concept at the junction of several fields of knowledge (religious studies, theology (academic, secular religious studies), as well as legal sciences (philosophy of law, general theory of law, history of political and legal studies, legal axiology); the need for a comprehensive approach to the preparation of the appropriate methodological concept, which will make it possible to obtain objective and systematic conclusions; the absence of the influence of an active pedagogical factor on the professional training of future lawyers; there is no tradition of reading relevant educational courses in institutions that train future lawyers; the integration of knowledge about Christian values in the courses of legal subjects is not always present; insufficient preparation of teachers for the actualization of knowledge about Christian values, etc.

Bearing this in mind, among the directions for the formation of Christian values of future lawyers in the process of professional training we consider the introduction of optional thematic courses aimed at the formation of Christian values, the creation of an appropriate educational space in an educational institution where universal values are cultivated, the students learn the history of formation and the development of the Ukrainian human rights movement, the history of Ukrainian advocacy in general and the history of the formation and development of Ukrainian advocacy in Galychyna in particular, the history of Ukrainian jurisprudence in names, the activities of professional associations of Ukrainian lawyers (the Association of Ukrainian Lawyers at the All-Ukrainian Academy of Sciences in Kyiv, the Association of Ukrainian-Russ Lawyers in Lviv, Union of Ukrainian Lawyers, Association of Ukrainian Lawyers of Ukraine, etc.), successful practical activities of Ukrainian lawyers of Galychyna in past and present, public activists, legal education of Ukrainians, etc. The purpose of such integrated optional courses is not only the acquire knowledge about the historical formation and development of the Ukrainian advocacy, basic principles of legal regulation of its organization and activity, the role of the bar in the system of human rights protection in Ukraine, the basic prerequisites for the bar' s activity, its types, role and the specifics of the lawyer's activity in the process of punishments' execution, etc., but also to provide the comprehensive training of a highly qualified specialist, to form the ability to apply Christian values in professional activity, to implement a broad social and legal education. The importance of introducing and studying this kind of disciplines in legal education today is determined by the place and role of Ukrainian lawyers in the legal system of Ukraine under conditions of war and other challenges faced by the citizens of Ukraine. The contents of these optional disciplines should include processes, phenomena, historical facts, regularities and peculiarities of the development of the legal profession on the territory of Ukraine in retrospect and through the prism of today as one of the key legal institutions, the study of the achievements of leading Ukrainian lawyers who made a significant contribution to the formation of Ukrainian statehood, philanthropy, the unique experience of the lawyers of Galychyna in the field of social and legal protection of Ukrainians in the languages of foreign ruling state regimes. This will enable students to develop the skills to systematically analyse the main stages of the development of the Ukrainian public human rights movement, to form a comprehensive vision of the place and role of the legal profession at various stages of Ukrainian state-building, as well as to form the ability to apply Christian values in further practical activities, to implement encourage philanthropic practices.

We consider the study of foreign experience in the formation of Christian values of future lawyers in the process of their professional training as the prospects of further research of this problem.

Література

1. Асоціація християн-юристів України “Хушай”. URL: https://hushay.com/.

2. 12 принципів юриста-християнина. URL: https://jurl iga.ligazakon.net/intervyu/98852_12-printsipv-yurista-khristi yanina

3. З нагоди Загальних Зборів Союзу Українських Адвокатів. Діло. 1930. 4 квітня.

4. Козловський Ю.М., Захар'яш О.С. Духовний розвиток українського студентства у контексті християнського світогляду. Педагогіка формування творчої особистості у вищій і загальноосвітній школах. 2021. № 76. С. 174-178.

5. Романова А.С. Духовно-естетичний аспект професійного буття юриста: інтелігібельне та сенсибельне осмислення. Вісник Національного університету "Львівська політехніка”. Серія: Юридичні науки: збірник наукових праць. 2015. № 827. С. 193-199.

6. Савчук Б. Просвітницька та соціально-економічна діяльність українських громадських товариств у Галичині (остання третина XIX ст. - кінець 30-х років ХХ ст.). Івано-Франківськ: Плай, 1999. 138 с.

7. Союз Українських Адвокатів у Львові. Діло. 1926. 27 січня.

8. Ткачук І.Д. Методологія дослідження впливу християнських цінностей на формування правової культури України. Філософські та методологічні проблеми права. 2020. № 1 (19). C. 58-63.

9. Тушніцький Н.І. Проблема ефективності формування морально-правових знань майбутніх юристів: емпіричний аналіз. Інноваційна педагогіка. 2022. Вип. 50. Т. 1. С. 32-36.

10. Ювілейний альманах Союзу українських адвокатів. Львів: Накладом Товариства Союз Українських адвокатів, 1934. 255 с.

References

1. Asotsiatsiia khrystyian-yurystiv Ukrainy “Khushai” [Association of Christian lawyers of Ukraine “Hushay”]. Available at: https://hushay.com/. [in Ukrainian].

2. 12 pryntsypiv yurysta-khrystyianyna [12 principles of a Christian lawyer]. Available at: https://jurliga.ligazakon.net/ intervyu/98852_12-printapv-yurista-khristiyanina [in Ukrainian].

3. Z nahody Zahalnykh Zboriv Soiuzu Ukrainskykh Ad- vokativ [On the occasion of the General Meeting of the Union of Ukrainian Lawyers]. Dilo. 1930. 4 April. [in Ukrainian].

4. Kozlovskyi, Yu.M. & Zakhariash, O.S. (1921). Du- khovnyi rozvytok ukrainskoho studentstva u konteksti khrys- tyianskoho svitohliadu [Spiritual development of Ukrainian students in context of Christian ideology]. Pedagogics of a creative personality formation at higher and secondary comprehensive schools. Mr. 76. pp. 174-178. [in Ukrainian].

5. Romanova, A.S. (2015). Dukhovno-estetychnyi aspekt profesiinoho buttia yurysta: intelihibelne ta sensybelne osmys- lennia [Spiritual and aesthetic aspects being professional lawyer: intelligible and sensyble comprehension]. Bulletin of the Lviv Polytechnic National University. Series: Legal sciences: a collection of scientific works. No. 827. рр. 193-199. [in Ukrainian].

6. Savchuk, B. (1999). Prosvitnytska ta sotsialno-ekono- michna diialnist ukrainskykh hromadskykh tovarystv u Ha- lychyni (ostannia tretyna XIX st. - kinets 30-kh rokiv XX st.) [Educational and socio-economic activities of Ukrainian public associations in Galicia (the last third of the 19th century - the end of the 30s of the 20th century)]. Ivano-Frankivsk, 138 р. [in Ukrainian].

7. Soiuz Ukrainskykh Advokativ u Lvovi [Union of Ukrainian Lawyers in Lviv]. Dilo. 1926. 27 January. [in Ukrainian].

8. Tkachuk, I.D. (2020). Metodolohiia doslidzhennia vplyvu khrystyianskykh tsinnostei na formuvannia pravovoi kultury Ukrainy [Methodology of Research Christian Values Influence on Formation of Legal Culture of Ukraine]. Philosophical and methodological problems of law. No. 1 (19). pp. 58-63. [in Ukrainian].

9. Tushnitskyi, N.I. (2022). Problema efektyvnosti formu- vannia moralno-pravovykh znan maibutnikh yurystiv: empi- rychnyi analiz [Problems of effective development of the moral and legal knowledge of law students: empiric analysis]. Innovative pedagogy. Issue 50. Vol. 11. pp. 32-36. [in Ukrainian].

10. Yuvileinyi almanakh Soiuzu ukrainskykh advokativ [Jubilee Almanac of the Union of Ukrainian Lawyers]. 1934. Lviv, 255 р. [in Ukrainian].

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