图书简介
在中国迈向法治化的进程中,如何富有成效地进行法制教育,始终是不断探索的冋题。法制教育的人文价值,是指法制教育的人文性对人的生存和发展的效用。人文价值是法制教育的核心价值。法制教育的人文价值的本质是促进人的自由而全面的发展。本书在研究法制教育的人文价值的理论来源和实践的基础上,全面探索法制教育的人文价值的本质、特征、组成和实现,有利于深化认识,推进法制教育实践,增强法制教育的实效性。法制教育的人文价值,就是法制教育对人的生存、发展的效用。教育都有人文价值,人文价值是研究法制教育的总纲。法制教育是人类的社会实践活动之一,抓住了人文价值,就抓住了问题的核心和实质。本书回答了法制教育的关键问:法制教育必须关注个体,必须关注人的生存和发展;人文价值是法制教育的核心价值;法制教育的过程,就教育者来讲,是一个关怀、引领、激励的过程;就受教育者来讲,是一个自我完善、自我发展、自我生成的过程;就教育者与受教育者平等主体间的关系来讲,是一个共同成长、共同进步的过程,这个过程,既不应该存在教育者对受教育者的压抑,也不应该存在受教育者对教育者的反叛。本书由前言、正文八章和结论三部分组成。
In the process of institutionalization in China,legal education is facing a very complex fate. That humanistic value obscured by instrumental value results in separating legal education from reality. How to conduct effective legal education has always been the issue for us to explore. Form educators,legal education is a process of care,lead and inspire;from the educatee,this is a process of self-improvement,development and grown-up;from the relationship between educator and educatee,this is a process of common prosperity and symbiotic. Humanistic value of legal education means that the humanity of human in legal education is the effectiveness to the man in survival and development. The nature of humanistic value in legal education is to promote of human of freedom and comprehensive development.This paper is composed by three parts of the preface,the eight text chapters and the conclusion.The preface:This article seeks to address what thehumanistic value of legal education want to do;it follows the idea from practice to theory and then to the practice;the combination of theoretical research and concrete practice,and the unity of historical research and logical analysis;it studies with such methods as theoretical analysis,lessons learned and document studied and so on;its main feature is that it insists on a thorough-relations thinging to study the humanistic value of legal education;the humanistic value is made the core value of legal education;it is a comprehensive study of the humanistic value of legal education of theoretical source,practical basis,the nature,characteristics,composition and implementation;it provides a theoretical basis for the construction of discipline of legal education;it puts forward a integrity of implementation of humanistic value of legal eduaction.Chapter One:Introduction:the humanistic value of legal education is a worthy subject to study.Its issue originates from development of the Ideological and Political Education,to improvement the effectiveness of legal education and providement theoretical support for legal education. Comparing the humanistic value and the instrumental value,the concept of humanistic value of legal education is defined. That is,it is a relation of human survival and development and humanities of legal education. Dynamic analysis on research is the concept of humanistic in many areas of research is highlingted the diversification;the research of characteristics of object around humanistic value of legal education being mature;the research of humanistic value of legal education is impacted by human science,value philosophy and other relevant research and a large number of ideas of humanistic of foreign relevant disciplines.Chapter Two:Missing of humanistic value in legal education. The missing of humanistic value in legal education of basic problems embodied missing humanistc value of the legal educaton activities,and the lack of theoretical research pioneering,the discipline of the missing of humanistc value,the ignoring of hidden curriculum in legal education,much emphasising on the inculcation of knowledge and ignoring the legal literacy training,and the lack of humanistic value of courses on the whole,the teducator-educatee relationship in legal education of much highlighgting of the educator's role,doing not give full play of the subjectivity of the educatee,and the lack interaction between educator and educatee,methods in legal education of the single method in legal education,the lack of experience and perception,and the lack of education of strong models.Chapter Tree:Theory of the formation in legal education of humanistic value. Its theory is not a vagary vacuum,and it is critical succession of outstanding ideology and culture of history of human development. Its theory of the formation includes the theoretical source,the knowledge brokering,the cultural origins and the theoretical basis. What’s more,the Marx theory on human development provides a direct ideological resources for its theoretical basis.Chapter Four:The basis of legal practice of humanistic values in legal education. The humanistic value of the law is the root and support of the humanistic value in legal education. That is the stage of the practice of legal education namely tools-oriented,order-oriented,people-oriented stage. That is the humanistic value of the law,namely law involving in people’s lives,the existence of diversification in law,the people-oriented concept of the Code. The law and institution is reconstructed by reflection of China’s“Cultural Revolution”,the“Revolutionaries”of the Soviet Union and the French Revolution.Chapter Five:The nature of the humanistic value in legal education. The essence of human values in the legal education can be received by developing the people’s initiative. From the ontology,humam is the ontology of the existence;from the methodology,huam is the measure of all things;from the theory of value,people are the most valuable. the respect,understanding and care is the concrete manifestation of the essence of the humanistic value in legal education.Chapter six:The characteristics of the humanistic value in legal education.The property of openness refers to the constantly enrichment and development of the humanistic value of legal education for the relevant disciplines,human knowledge,human practice and legal education itself;the property of intrinsic which refers to the legal education itself containing the elements of humanities;the property of integrity which refers to the related systems of the human values of legal education and the human survival and development;the property of experience which refers to the subject’s experience,sentiment and reflection in society.In addition.There are other features.Chapter Seven:The constituent elements of the humanistic values in the legal education. Its constituent elements include the subjedt elements,namely person,which is the subject of the humanistic values in the legal education,and which has the nees of the legal education.Object elements namely the legal education activities that society has the purposeful,planned,organized influence to its members to form the quality of law which is required by society.The property of activities in legal education,that is,relationship between the legal education and the better lives of people,which includes the good of the human nature in the legal education,seeking poetry and bringing the hope for people.The elements of relationship,which is the relation between the subject’s need and property of object.Chapter Eight:Realization of humanistic values in legal education. Realization of humanistic value in legal education is facing the fate,which is the globalization,the traditional culture in Chinese,the Marxism in China,and the era of the network. Its law of realization are the law of uniform between the complying with the law and the arriving at the destination,the law of the interaction between subject and object,the unitide law between the scientific value and the humanistic value and the law of the overall optimization among the elements. Its methods of realization are the interests of the people as its driving force,the security role of system is played in it,the human qualities of the teachers is improved as the start and the enthusiasm of the educatee is played by the“perception,experience and communication”.Conclusion:The humanistic value is the core value of legal education;rights-based of human is the pursuit of legal education in value;arousing the people's enthusiasm,serving the socialist cause,and continuously meeting the people’s needs of survival and development,Which is the master of humanistic value of legal education.Key words:ideological and political education;legal education;humanistic value;value.
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