it is possible to lead a horse to a watering place, but it is impossible to force to drink it. And nglijskaja a proverb It is impossible to tell to the person: You can create, So give, create. To wait much more truly, while he on will tell; I can create, and I will create, you want ' l ogo or not.
Isaac Azimov But the answer on brought in heading has undressed an attention to the question more likely negative, than positive. As it is bitter, but it is necessary taki to recognise all, that is far not all everything having the diploma about the higher professional juridical education are capable to scientific work, not, can find the calling in research activity in the field of the right. And offensive or degrading their human and-or professional advantage in it is not present anything - they are not suitable on psychophysiological and-or other specific parametres for effective research work, but, on the contrary, are suitable for other, not less important and responsible work (an activity sort). Anybody does not surprise, what not all can be professional musicians, poets, actors etc. Individual predisposition to this or that sort of activity, sphere of employment is not always appreciable, though widespread: right at the beginning 90th years many in our country have counted themselves capable to business and with a head have plunged into business, but not at many has put it appeared successful and often terminated financial, and is frequent - and vital crash. It was soon found out: only about 8 % of adult capable Russians on the individual abilities (purposefulness with aiming at success in business, activity, vigour, pragmatichnost, ability to put before itself more and more challenges and to test pleasure from their decision, especially if thus it is necessary to overcome difficulties, competing with contenders-competitors) are predisposed to conducting own enterprise activity. It was found out as well even more surprising thing: all over the world this indicator same. It is represented, that capable to independent effective research work as a whole in Russia (and in the world) more than 8 %, but are much less, than wishing to be scientists. While corresponding technique of calculation it is not developed. However, Kapitsa - the senior spoke in due time: in the USSR in a science of 5 % - quality, and 95 % - quantity. However, it as in the thermometer: at temperature plus of 36,6 degrees - it is conditional - the person is absolutely predisposed to conducting scientific activity, and at temperature plus of 42 degrees it is absolutely counter-indicative to it (and for the science especially). People with such extreme indicators - the rarity, a great bulk occupies intermediate position, "adjoining" to a greater or lesser extent to this or that "edge". Considerable mite bring both objective preconditions, and the subjective factors which are not influencing predisposition to employment by a science, it is necessary to carry the general serious falling of prestige of research activity To number of objective preconditions in our public consciousness less than for last 20 years. As a result, naturally, has changed (and not in favour of a science) social mentality of youth: presence of a scientific degree of the master of laws in public consciousness not so obviously associates with a high social standing whereas even less 20 years ago it meant doubtless vital success - practically on its all range composing.
In the household plan it means (if to take only one, especially material aspect): Earlier coming to a science before dissertation protection also received very small wages (if it worked in high school, the scientific research institute and in the same place have been attached as the competitor or in the same place was the correspondence post-graduate student) or the postgraduate grant, but after protection usually its destiny - in respect of wages - sharply changed for the better. Now changes in the size of a payment if occur, the insignificant. But it only one of aspects; for this time after all it was replaced obshche - stvenno-ekonomichesknj a country system, the system of vital priorities at people, concepts of vital success, career etc. has changed It is necessary to carry an evident general decrease in level of school education, culture, lexicon pauperisation to subjective factors, in summary - inability to commit the thought to paper (even inability to think coherently and logically); narrowing of the general outlook, absence of skills of work with the special literature (ignorance - almost absolutely - fiction which In - ternet will not replace); decrease in development of a creative independent way of thinking (to that, in particular, introduction EGE very promotes) etc. Decrease in quality of training is felt and in the higher school, including in the higher professional juridical education. To it one of the main things, maybe, the forced is a lot of reasons, but: The number of students is reduced (and, accordingly, graduates of high schools), capable independently to think, search for answers to questions to develop own brain to condition for its creative activity to create qualitatively new cogitative product. The number of students and the graduates trained at level of conditioned reflexes, capable to reproduce only that in it is put in pawn by the teacher simultaneously grows. And forced this reason became therefore (according to the author of the given work), that the number of the law students falling to one teacher has sharply increased. The general figures are known: for last six years the number of students has increased in 2,5 times, and number of teachers with a scientific degree - only on 4 %; but after all the number of law students increases much more above average indexes - in force all the known reasons, and growth of number of teachers of courses in law with a scientific degree approximately corresponds to the specified indicator. Means, more and more unsteady there are direct and return communications between the teacher and the law student, all is more difficult for clearing to the teacher at the student, even potentially suitable to the scientific work, necessary abilities. By the way, scientifically - technical development of any society is carried out at the expense of creative abilities, talent of people. Unfortunately, many graduates of faculty of law of last years accept the characteristic of an image of the writer, given by Borches: He judged others on their products, but wanted, that it judged on its plans . And as the characteristic of the Russian intelligency given by A.P.Chekhov in the letter from December, 27th, 1889 Suvorinu, unfortunately, approaches: ... Cold intelligency... Which grumbles and willingly denies everything as for a lazy brain it is easier to deny, than to approve . Probably, the young lawyer should - subjectively - to try on choosing course of life on itself and a moral toga of the scientist. As a reference point for it the original code of honour of the scientist formulated by American sociologist Robert Mertonom can serve. This code consists all of four principles designating the main thing for the scientist: 1) disinterested and it is limited - by nothing nyj true search: the scientist should not excite, than this search will end also what there will be consequences; 2) the science problem - to open new and as it to dispose - a problem for a society; 3) it is inadmissible to scientist to estimate, what benefits from the scientific activity it will receive; 4) the scientist should share as soon as possible the discovery, after all it is property of all scientific community. However, if to look narrowly at a moral portrait of the scientist which in the life is guided by exclusively named four principles in it the hypertrophied lines zhjul-vernovskogo Paganelja are distinctly shown... But other moral principles by which the modern Russian scientist can be guided, it is not offered yet... Therefore if the diplomaed lawyer who is not approaching (and in advance to define it nobody undertakes) on the psychophysiological features to research work in jurisprudence sphere, undertakes to write the master's thesis, moreover on unsuccessfully chosen theme, soon enough will come: objectively - the fiasco, and is subjective - disappointment. Practice testifies that at such outcome the loser blames everybody - the supervisor of studies, high school, a theme, a speciality, a science, as a whole the state and a society, but not itself, not understanding, that it simply villages not in the sledge. Each person has an own mission which it is necessary to search and try not to be mistaken in this search. Far not each owner of the diploma about the higher vocational training has enough elementary persistence to become on - the present to the "advanced" scientists. According to average estimations, there was a following time chain for qualifying constituting career of the scientist: it is required to the beginning scientist about 10,5 years for preparation and master's thesis protection, 16 years to become the doctor of sciences, and as early as eight years for achievement of an academic status of the professor 13. On supervision of the author of the given book, such time prolixity of qualifying growth of the scientist is not characteristic for humanists in general and lawyers in particular. At lawyers it, apparently, as a whole is shorter twice. However, the situation with predisposition to employment by a science (or with absence of this) at lawyers is more difficult. But the huge role is played by the age factor, and also practical experience of the post-graduate student (competitor). After all work of the inspector, the judge, the lawyer, the legal adviser - in many respects work research. It also is connected with great volume of the information, with selection of the necessary facts, formation of evidentiary base, generalisation and the analysis, promotion of hypotheses and their comparison to the extracted and analysed proofs, a formulation of conclusions, etc. The professional lawyer possessing wide experience of practical work, subconsciously systematises many problem questions. They at it are analysed and spread out on shelves, in essence by already ready answers. It is necessary to invest them with words, it is better - in writing, and the success in a science field is provided. It while is not present anything at the yesterday's student, and in it the big advantage of a skilled expert. To the author of the given work cases when aged people of 45-50 years undertook a master's thesis writing on jurisprudence are known, process of its embodiment in the typewritten form occupied two months. There is one more category of people which hardly become scientists. The organisation of the higher vocational training is still far from perfect, owing to what sometimes through "sieve" semestrial and graduation examinations is capable to drop elementary illiterate people. It is a question not only about writing with the spelling errors, not knowing rules of a punctuation confusing cases and spelling almost. It is a question first of all of the people, not capable to formulate own thought and to state it in writing. It is elementary functional illiteracy, and there is still an illiteracy especially legal when the owner of the diploma about the higher professional juridical education "does not feel" the rule of law (sometimes speak - does not understand the right). It as the musician who is not hearing a difference in a sound in a quarter of an octave. Such lawyer can become a quite good expert, but to the present scientists dealing with shades of the rule of law, becomes hardly. So, young (in overwhelming majority of cases) the person, the expert with the higher juridical education, has decided to become the scientist to write and defend candidate (to begin with) the dissertation. With what to it to begin? On all way - from start to finish, from decision-making to write and protect the master's thesis before actual reception of the diploma of the master of laws (it is rather conditional, only formalized finish) - our young man should pass following stages of a dissertational marathon: 1) to be defined basically - i.e. whether it selects this heavy cross - to gnaw a science granite and if "yes" (here needless to say, what "yes" means a choice not only a legal orientation of scientific research, but also a concrete scientific legal speciality on which in concrete high school, scientific research institute the postgraduate study is opened or it is possible to become the competitor), to be issued organizational, i.e. To arrive in postgraduate study (with delivery of entrance examinations) or to be attached as competitor to chair, department and-or other division of scientific research institute, high school with simultaneous appointment it supervisor of studies of dissertational research, would be thus good, that it was not only the outstanding expert in the area, but also simultaneously - for our young man - a moral reference point; 2) to choose a theme of dissertational research and officially to issue its statement; 3) to lay down the aims and research specific targets to define its subject and object and to choose methods of the organisation and research carrying out; 4) to carry out research with the description of process and, simultaneously, with publication (several articles, theses of reports and messages) intermediate results of researches and with performances about them at scientific conferences with reports and scientific messages; 5) to pass the put candidate examinations and offsets; 6) to discuss results of research with definitive completion under remarks during discussion of formulations of conclusions of research, the positions which are taken out on protection, etc.; 6) to defend the dissertation - with maintenance of all public procedures necessary for it; 7) to issue results of successful protection, to supervise, in process of possibilities, advancement of documents on a way from dissertational council in advisory council VaKa; 8) and on a phase finishing a marathon - to receive the diploma. Each of the listed stages - difficult, multicomponent, long, on everyone it is necessary to solve set of serious problems and to be exposed to serious tests. And at each stage there can come the end to career of the author of dissertation if this test did not manage to be overcome. But it simultaneously and the filter which is not dropping unusable to employment research (in the form of performance of dissertational research) activity. For example, a stage 5 - delivery of candidate minima, in particular history and science philosophy; order Minobrazovanija of Russia from February, 17th, 2004 № 697 approves programs of candidate examinations and terms of their introduction in action, for examination in history and science philosophy - since July, 1st, 2005, by its problems as experts specify, are: 1) to estimate ability of the post-graduate student (competitor) to prove and confute, define and make comments, compare and to adjust, generalise and simplify during polemic or discussion; to use scientific methods taking into account specificity of humanitarian, social, technical, natural, is universal-abstract and is social-natural objects; 2) to check up ability handing over to correlate cultural - historical and theoretical tendencies in history of scientific knowledge '. And having imagined all this long way, our young man should think and weigh once again: whether and its this calling - a science? Whether the person who does not have to those calling can, to become the candidate of sciences, the professor etc.? Most likely, probably, can, but mediocre enough, "forced", i.e. becoming the master of laws, and with great difficulties, whether it will be thus satisfied by the life? Probably, its calling - administrative activity, the quantum physics, star astronomy etc.? Allow to it to make the God a true choice. And having chosen - confidently to operate, firmly and consistently to go on the planned way, successfully overcoming obstacles (them will be much), not giving in before difficulties (and they will meet, including in the form of biassed criticism), not becoming presumptuous from achievements (the author met several such - on the second and third year of training, after two-three publications and several praises they with associates started to talk haughtily and scornfully, that is called through a lip... Good it never terminated in Anything), not stopping halfway (if it is not forced - objective and time - a stop) and not losing pleasures of private life... The corresponding psychological spirit, the main thing that it has not run low prematurely is rather important on this way. The saying (attributed east philosophy) is known: the thought gives rise to action, action gives rise to a habit, the habit gives rise to character, character - destiny. In our case action will be 1 Search. 2006. 28 apr. 36 Way choice: to write and defend the dissertation, and in a considerable measure this action will define destiny of the young lawyer. Not in all without an exception, certainly, cases, but - determinancy, certainly, is present. Mastering by it scientific - dissertational - researches will provide with methodology growth of professional skill in all directions, and in particular - in the direction set by a concrete selected theme of dissertational research for each theme is individual, and for the successful research, lomimo the general basis of methodology, demands mastering and specific, inherent is exclusive to it methodological receptions of research. It is necessary to carry to this process and that imperceptible - in the methodological plan, - that is inherent in the competitor as to the researcher: For one performance of the dissertation on a concrete theme with use of certain methodology - "to liking", to another research on the same theme with use of the same methodology - is obviously unnatural, and therefore - is counter-indicative. And not the fact what to simulate this or that situation it is possible in advance, sometimes for this purpose it is required to try a problem on a tooth.
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A source: Kleandrov M.I.. the MASTER'S THESIS of the LAWYER: the CHOICE And WORKING out of the THEME 3 izd., the reslave. And dop. Moscow. 2007


  1. approaches of domestic scientists to spiritually-moral education of rising generation
  2. 1.2 Interaction of scientists with the state bodies of Russian empire
  3. the Appendix 6. Other members of the State Council - scientists. [545]
  4. 1. Sights at legal hermeneutics in works of the Soviet scientists
  5. positions of scientists-jurists in a scope of force against civil air vessels
  6. 1.1 Idea of corporate representation of scientists in the State Council and its legislative registration
  7. the Chapter III. Legal hermeneutics in works of the Soviet and Russian scientists
  8. 1.1 Scientifically-historical concepts of legality and development of organs of the Prosecutor's Office in sights of the Soviet and modern scientists
  9. 1.6 Research kontsepta "House" in works of domestic and German scientists
  10. Degree of a readiness of a problem.
  11. 2.1. Object of a crime, pr I go review ennogo item 151.1 UK the Russian Federation
  12. theoretical approaches to understanding of a discourse
  13. the Analysis of the basic forms of display of extremism through a prism of modern international law
  14. the substantive provisions which are taken out on protection