Psychology of legal education and estimation. Psychology of legal estimation (legal psihonotarology

Determination of the notion of the legal territory of estimation. Sensor bases of information for legal estimating activity (estimation). Legal estimating abilities. Motivation of applied psychotechnics for legal estimating, and self-estimating.

Рубрика Государство и право
Вид реферат
Язык английский
Дата добавления 13.02.2015
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Psychology of legal education and estimation. Psychology of legal estimation (legal psihonotarology)

Introductory remarks

In his ontogenesis (personal development) each person has several groups of genetically mortgaged psychic characteristics, such as ability and skill to learn straightdanmark, human speech, to send the informational messages with the help of the body, to be orientated at time and space, in social sphere, information sphere. One of the psychic factors of their development is that which at the determined stage of life of the individual and personality becomes absolutely required. For instance, in the beginning the child creeps that is to say goes on four limbs (according to Zh. Piazhe lifting of the head at creeping causes the greater influx of blood in brain that influences his psychic development) afterwards he makes the first steps and begins to walk until he begins to do it firmly, stably, harmoniously that is learns to walk.

All his life the person needs the ability and skill to be trained.

Their parameters are great and rich. For instance, training the ability and skill to be the example for their own grandchildren. This age particularity has been artistically made by Victor Hugo in his novel "The art to be a grandparent" to love and to be loved unselfishly and dedicatedly, to be infinitely lucky. The need in abilities and skills for learning, abilities and skills for estimation takes its beginning at the period of pre-pubertat age and intensive increases at the period of pubertat. At this age there appears need for ability and skill of physical self-estimation of the individual. Probably, the process of identifications [2] of the person is harmoniously connected with this need. During our life we feel such needs for study, estimation and self-estimation of the processes and phenomena, activity and actions, relations and contacts, behavior of others and our own behavior. That is why there can be selected two great groups: needs for abilities and skills of estimation of the external environment and social needs - on the one hand, and needs for abilities and skills of estimation of the social sphere and personal self-estimation - on the other hand.

The USA psychologists for a long time have been working on applied aspects of estimation of the person. But in 1970-s problems of "holistic process of estimation of performance" have become actual [3]. In the opinion of the USA psychologists particularly important has become the realization of the fact that a person, implementing estimation, faces the problem of interpersonal perception [4], which requires perceptions of memory and reproduction of events connected with perception of a certain person. It is necessary to understand, who people perceive others what they recollect and only afterwards - how they extract their memory information on others how they recall about them and reflect it (information) at the scale (estimation.). This new focus stimulates the significant volume of the work on the problem of the whole sequences of the performance (activity, action) and must result in improvement of our abilities to realize the performance [5]. The specified psychological concept is true since it considers estimation as the cognitive process. But it is insufficient to consider here only perception, memory and reproduction of information on object, which is subjected to estimation. Estimation as an intellectual product comprises all cognitive processes, the degree of their development, power, life experience, psychic conditions. That is why modern legal practice needs the personality which has powerfully expressed necessity for training abilities and skills for unceasing qualification on multiple questions of legal psychonatrology. It is possible to indicate some of them: estimation of the process of legal activity and actions; estimation of results of legal activity; psychic compatibility of a person, realizing estimation, estimated in the legal activity; psychic stability of a person, realizing estimation, in the process of estimation; psychology of estimation of the legal act; the psychology of the conditions at realization of legal estimation; psychology of mistakes at legal estimation; psychology of the professional deflections of a person, realizing estimation, psychology of estimation of professional success of a person, realizing estimation (the lawyer); psychology of the legal scales for estimation; psychology of professional style in legal estimation.

The psychic mechanism of realization of estimations is abilities and skills, considered in the first part of the article. Here we can add the thesis of J.P. Gilford. By means of factorial analysis the author forms up the structured model of the human intellect, which includes 150 intellectual abilities [6]. And this psychologist comprises perception of memory in this list of abilities. But also adds divergent [7] and convergent [8] thinking. In professional practice the jurist considers greatly significant ability and skill to search and prove differences in thinking of estimation, as well as resemblance of its activity and actions. Especially important for qualitative estimation are considered mental operations of a person, realizing estimation, during estimation. Information perceived for estimation is subjected to mental operations: analysis, syntheses, abstraction, concretization, systematization, categorization, generalization, comparison.

The theoretical thesis for legal estimation.

1. Determination of the notion of the legal territory of estimation.

Social functions of the legal system determine t borders of the cognitive legal territory, which has its own structure, including legal phenomena and processes, professional legal groups and personality of jurists; personality of estimated; activity and deeds, relations and contact, behavior of the citizens, subjected to estimation by the lawyer according to legal norms, intellectual possibilities and the degree of development of legal intellectual systems, stimulated by controlled emotional sphere and firm volitional efforts, for reception of the identical legal estimation - decisions of the Parliament, resolutions of the Council of Ministers, definitions of the Constitutional court, courts and public prosecutor's office. If we watch ourselves, and afterwards conduct the analysis of our mental activity during several day hours, we shall see that repeatedly, consciously or automatically we do multiple estimations and self-estimations. In the morning we estimate the weather: sunny, cloudy or rainy, windy or cold. This psychic activity is the fruit of our thinking and its development. The persons think by means of estimation. The more we are aware of their features, the more we are conformed with them, make efforts for their use and improvements through education, professional training and qualification, vocational training.

As a rule, people underestimate dangers, concerning their health. Sometimes we overestimate our possibilities.

And one more particularity. It so happens that we value, whether our estimation is right or not. Consequently, life forces to revalue estimation once made. It is necessary not only for checking adequacy of estimation, but also to understand, whether we have allowed the mistake at its defining i.e. in the process of estimation, whether the criteria of estimation have been caused by strong, positive or negative emotions. Whether they have been caused by our inexperience or provocation, whether we have been pressed (indirectly on the part of other people or circumstances?

2. Determination of the notion of legal estimation.

Definition by L. Desew. According to the author estimation is "determination of the level of breeding and social activity of the person, group, collective; determination of the degree of manifestation of the given knowledge or achievement, skill, skill or habit, features of the character or memory" [9].

Determination of generation of estimation. The genesis of any estimation, realized by the personality, is the intellectual product i.e. the product of the intellectual estimation system of actual, automatically or accidentally actuated need, interest, taste, purpose, agitating motivation for the corresponding estimating activity (estimation), including manifestation of estimating abilities, estimating skills, which determinate, allow conversion of the received information from relationship with external surrounding to subordinate to the certain criteria.

Determination of the notion of personal estimation. The personal estimation is quantitatively -qualitative feature of the concrete object, realized by means of active motivation for communication, perception and conversion of information by means of determined personal criterion, for satisfaction of actual needs, interests, purposes, ideals, tastes, life situations in human activity, relations, contacts, which can have either positive or negative contents, accompanied by corresponding emotions.

Determination of the notion of legal estimation. Any legal estimation, realized by the personality of lawyer or the judicial composition, is the product of their intellectual legal estimation systems, activated by the concrete professional legal needs, interests and purposes, agitating motivation for the corresponding estimating activity (estimation), including manifestation of legal estimating abilities, legal estimating skills, which allow perception, conversion, memorizing of the received legal information from written documents, material evidences, facts, events, activity, deeds, relations, contacts, behavior - to classify on the ground of legal criteria ( items of the law).

3. Sensor bases of information for legal estimating activity (estimation).

Each estimation, including legal estimating activity, as the psychophisiological basis has communications and perception of information as images. Their contents and form are realized by means of five analyzers of the high nervous activity. They are: visual analyzer (88-90% of information about the world), auditory analyzer (9% of information about the world), and olfactory, gustatory, tactile analyzers (as a whole 1% of information about the world). That is why it is possible to speak about the corresponding estimating activity and estimation that is about visual, auditory, olfactory, gustatory, tactile estimating activity. There are many other psychological questions, such, as: how estimating activity arises in consciousness however this question to a t certain degree has been reflected in determinations? What is the preliminary presentation about estimation? What are expectations at realization of estimation and its value for the personality, which is values, as well as for its social parameter, including legal?

Information has significant importance for personal and public life; as well estimation and estimating of the personality, state, public bodies and organizations especially of the legal system are of great significance too. It obliges to make efforts both for development of the theory of estimating and estimation, for their practical application. The main question is - how to learn a separate person, social groups, political parties and political leaders, investigation officers, prosecutors and judges to value and formulate faithful and equitable estimations?

4. Legal estimating abilities.

Faithfulness and adequacy, wholeness and unity, stability and projective of the legal estimation at the great degree depend of legal estimating abilities and legal estimating skills as a person of the lawyer.

Determination of the legal estimating abilities. Genetic and gained unity of the speed, stability and successful resultness of activity of three psychic spheres (intellectual, emotional, volitional) and intellectual systems in consciousness of the personality of the lawyer, motivating concrete legal abilities, interests, purposes, relations, contact, motivating quick, exact, successful and efficient estimating legal activity, which forms the legal estimation. Legal abilities are comparatively stable psychic characteristics of psychic conditions for success in estimating and estimation; high quantitatively-qualitative legal achievements in legal activity; reveal differences in dynamics of mastering the necessary legal knowledge and skill and determine lightness and speed of their assimilation and they are developed and уimproved in the process of reception and enrichment of the personal legal experience; give the possibility of the achievement of the necessary and real level of the professional skill of the lawyer [10].

5. Motivation of training of legal estimation [11].

Motivation of training of legal estimation is concretization of the certain actualized need, interest for the purpose of having legal contents, which disconnect for a certain time psychic and physical energy in the form of legal activity, actions, relations, behavior of the personality of the lawyer. Simultaneously it forms estimating -training legal expectations and results (see the general model No. 9). It is achieved if there is realized legal value, usefulness, need and importance of the legal estimating and legal estimation of training in the professional activity of the lawyer.

The characteristics of the legal estimating motivation of training [12].

There exist the four main elements of the characteristics of the legal estimating motivation of training. Their classification comprises i the following algorithm: the process of formation of the legal estimating motivation of training, characteristics of legal estimating motivation of training, contents of legal estimating motivation of training and types of legal estimating motivation of training. Forming of the legal estimating motivation process of training is complicated; it requires significant psychic energy, mobilization and regulation. It is important to make the first step in its generation since from the level of adequacy and the force of motivation there depends its quality and stability, power and firmness. The second step in the motivation process is the presence of the holistic, productive thinking. The third step is connected with efforts, life and professional experience in selecting the form of expression of the estimation for training. They should be grammatically exact, clear, and correct. It is necessary that speech and behavioral expression should radiate tolerance, respect, and objectivity. Practically it is necessary to have unity and harmony of verbal and visual communication at reception of the legal estimation.

By means of the fourth step there is achieved realization of the structuring of legal estimation of training. Characteristics of estimating motivation for legal estimating and estimations are the following: directivity, power, and depth, level of realization and development, stability, width, length. It is necessary to note the special place of struggle of legal estimating motives of training. The analysis of information, participation of needs, interests, purposes of legal estimation of the concrete training often disperse or fall into contradictions with different internal factors, such, as moment psychic state and mood, psychic passivity and weariness, provocation of other needs or interests. This psychic situation actuates the selective and qualitative abilities, which "radiate" psychic energy in two directions to concrete merit motive for learning and other actuated motives that causes the fluctuation, outgrowing in struggle. Often, the personality takes the motive, which causes the smaller effort for actuated for activity, than effort for estimation of the training and the trained. But when estimating motivation is powerfully denominated, the purpose is clear, fluctuations stop and it is realized estimation of the legal training.

6. Motivation of applied psychotechnics for legal estimating, and self-estimating.

Self-regulation of the personality of the lawyer in the process of estimating.

Exclusive professional responsibility and social value of legal estimating and legal estimations, which are realized by each lawyer in his professional activity, obliges to search for and develop different for psychotechnics firm self-regulation of the personalities. It becomes more necessary for the reason that legal estimating and legal estimation are realized at presence of two types of complex conditions.

The first type is complex and difficult since these are social-psychic conditions: investigation of the accused, social and psychic state in the judicial auditorium, estimation at the place of victims of criminal activity and etc.

The second type of conditions is personally-psychic. Regardless of professional training and qualification, professional and life experience and routine work, there exist the multiple psychic features, which can be accepted for personal psychic. The Main of them are: social-psychic adaptation ability, the degree of development of social-psychic adaptation of the personality, his concrete psychic state, legal intellectual possibilities, abilities and skills in self regulation of emotional and volitional spheres, contents and character of professional and social relations and contacts, conformity and leadership, etc.

The basis of self regulation in legal estimation there are two main psychic characteristics (the qualities of the personality): the degree of development of abilities and skills of training self- control and degree of development of self-estimation. According to M.J..Mahoni and D.B. Arnkov self-control is "the social etiquette, differential attached to some behavioral models" [13]. L. Desev defines self control as "one of the functions of self-regulation or auto-regulation i.e. mastering own behavior" [14]. And both determinations can be classified both as unilateral since they confirm that self-control pertains to human behavior only. And what about the rest of human psychic features such as self-control of thinking, emotions, will?

Here self-control at legal estimation and defining legal estimation provides optimal streaming of cognitive psychic processes and manifestation of psychic characteristics and qualities, the same as in event of thinking operations, by means of optimized excitement of attention that plays the role of organizer, stabilizing and checking human psyche within the framework of the certain temporary budget.

It is possible to suppose that realization of self-regulating process is connected directly or indirectly, with legal needs, interests, purposes and motivation for their achievement. L. Desev realizes the attempt of description of stages in development of self-regulation and checking. The first stage is absence of checking. The second is full self-control, under which the person checks himself through repetition. The third is selective self-control with checking the reproduction of the most important. The fourth is under obvious absence of the self-control, realized on the base of determined "signs" [15].

The second base of self-regulation, but not on degree of importance, is self-estimation. One of the greatest American psychologist, William James, who creates the theory of psychic functionality and the theory of emotions, known as the theory of James Lang about emotion, develops the formula for self-estimation:

Self-estimation = __successes ___


The self-estimation of the personality is in direct proportional dependence from success and in back proportional dependence on its claims. The subject "weights his own power concerning requirements of surrounding and according to it independently puts purposes and problems … becomes the real regulator of the motion and behavior of the person in this system. By means of it there is self-regulated and self-governed behavior of the person" [16].

The determination of the notion legal self-regulation of the person of the lawyer. The formed abilities and skills in self-control and self-estimation in the process of professional activity, relations, contact, behavior by means of regulation of the intellectual sphere and particularly thinking, emotions and will, psychic states, for achievement of social homeostasis (balances, justification, co-ordination) between the lawyer and social and legal surrounding, also between him and separate personalities.

"You see that, what you believe in" [17] in the process of legal estimation and self-estimation. legal estimation motivation psychotechnic

These words belong to one of the most well-known American psychotherapist Wain Daier. There will be used his practical advice, interpreted for enrichment of psychic experience and "skill" at legal estimating.

"Each person (including the lawyer.) requires". Selection factors, arguments, proofs to some degree determined by our belief in them, reached by objectivity and faithfulness. Hence, the more you are confident in the collected estimating information, the more it will be used for estimating. If you believe in your skill, professional training and permanent (constant) qualification, you will see the possibility, collect power for learning concrete abilities and skills for legal objective estimating and defining equitable legal estimation. Since you can do it, wish to do it and it causes in your positive emotions and motivations for its achievements. If believe in your own intellectual-emotional and volitional power, your professional experience, degree of development of your self-regulation, in abilities and skills of legal training, in abilities and skills of legal estimations, you will have the possibility to provide their adequacy, true and fairness. Try gradually to connect logical details and you will get good results since it is in your intellectual possibilities.

How to find secret motives to be able to realize identical legal estimation? James K.. Van Fliyt has formulated the thesis that "each person, whom I know, feels the innate desire of authorities. The purpose of each person is the control over surrounding" [18]. Here we speak about psychic mastering of a separate person over other people, but not about political power. It is possible to speak about attitude of a person to master over other people. It is possible to expect that motivation of mastering over other people is connected with the social essence of the person, his aptitude to show himself and his own qualities in the positive attitude and to draw attention to himself of a separate person or social group. Each of us expects and wants other people to estimate him positively.

The first determination of the power of the person. "It is the ability or potential to influence other people and simultaneously to fight back influence on the part of other people" [19]. If to synthesize, beside the power has two components: the ability to influence other people, resistance to those on whom the influence is made. According to D. Charms and Muir "the power can explain the greater part of the human behavior … describing it as necessity to have influence on others. If the whole individual and collective human activity is connected with motives, the power as the motive is exclusively appropriate for understanding and foreseeing of the behavior". But according to Uiter, "the power similar to the fire can be the useful tool or destructive misery".

To get the sufficient and necessary information about the personality, you are estimating to realize any legal estimation to get the result of your estimating activity, it is necessary to learn "needs of the personality to satisfy the feeling of value and pride, as well as desire to have more money, to buy more things… the feeling of value … the need for the personal freedom" [20]. L.K.Van Fliyt defines 14 primary wishes or realized needs. They are:

1. The feeling of the personal power, control over on surrounding people

2. Satisfaction of the own EGO, the necessity to be significant

3. Financial successes

4. Recognition of the made efforts, recognition of the value

5. To be admitted

6. Desire to win, to be the first, to outstrip the surrounding, to be the best

7. Need for roots, native place

8. Possibility to express his own creative surges

9. Achievement of something significant

10. New sufferings

11. Freedom, protection from external interference

12. Feeling of the self-respect, dignity

13. Love in all its forms

14. To be confident emotionally [21].

The above stated 14 primary wishes or needs can be used double-sided. At first if our purpose is to watch we shall get information about the person whom we estimate or for whom we develop legal estimations. Secondly, motivating their usefulness, we can learn and make efforts to realize them as the contribution in our legal estimation. It's in your intellectual-volitional and emotional possibility to achieve the art of legal estimation and magic of the legal estimation. And then you will be able to estimate yourself as the master in professional activity.

Legal-psychological epilogue.

How complex, responsible and amazing are professions in the legal sphere since they relate to each person through legal protection or punishment. Since they research tireless and objective complex, and sometimes secrets, hidden unknown facts. Since they are independent in the process of legal estimation. Since they possess psychic, moral and professional forces to master him and master anger in any professional situation. Since they know how to gain confidence of the society and their own clients. It is the real magic to organize legal training that is the result of greatness of our legal abilities and skills of our legal skills? They are the alternative of eternal longing and ideal of professional perfection that is possible for each investigator, prosecutor, lawyer, judge. Since it provides our high professional status, prestige and professional happiness.

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