Sources of law 10th grade lesson plan (social studies, 10th grade) on the topic
Lesson 57
Sources of law
Goal: to form students’ understanding of the ways and where legal norms are formed, to give an idea of the sources of law.
Lesson type: combined.
During the classes
I. Repetition.
II. Answer the questions:
– What is law? List the signs of law.
– What is the difference between law and morality?
– Define the branch of law. What areas of law do you know?
III. Learning new material.
A legal norm is just a rule of behavior, that is, an abstraction that does not exist in itself. In order for the rule of behavior established by the state to fulfill its functions, it must be expressed in an understandable form. But this is not enough; the form of expression of legal norms must reliably indicate that the rule of behavior is established by the state or is subject to protection by the state. Therefore, the functions of a form of law can not be performed by any form of expression of legal norms, but only by one that has the property of officiality.
“Form of law” and “source of rights” are different concepts.
The source of law is the circumstances that cause the emergence of law, its action (the root from which the tree called law grows).
The source of law is objective reality, that is, developing social relations (method of production, existing forms of ownership, economic, political, cultural, social ties), the will of the people (based on referendum norms), the will of the state (based on centralized norms), the will of citizens ( based on corporate and contractual norms).
The form of law is what we draw knowledge about law from, otherwise, it is a way of forming and consolidating legal norms.
There are three main forms of law:
1. Legal custom.
A custom is a rule of behavior that has developed over the course of several generations and has become mandatory due to repeated repetition, due to habit. But not every custom is a rule of law. Only if the state agrees with the custom and begins to protect it, it becomes a legal custom, a source of law (after a divorce, the child remains with the mother).
The state does not recognize every custom, but only those that express some kind of social pattern and, therefore, are useful for it. In the course of history, legal customs are gradually replaced by other legal sources.
TASK: Determine the positive and negative aspects of the existence of customs.
This task can be completed in groups. One group is supporters of customs, the other is their opponents.
Legal custom as a source of law has many advantages:
– its emergence not from above, but from below, due to which it is capable of expressing the will of the people, their views, and needs more fully than other forms of law;
– his expression of certain patterns that exist in society, and as a result – his greater objectivity;
– oral form and delivery of information in simple, accessible language;
– a high degree of voluntariness in performance, since custom is based on habit.
But customs also have disadvantages:
– inertia, relative immobility, while the modern world is changing very quickly;
– uncertainty, which is the result of not being recorded in writing;
– small distribution area, local character.
2. Legal precedent (legal practice).
A legal precedent (judicial or administrative) is a decision in a specific case that has become a model for the consideration of similar cases in the future. A precedent appears when a case requires a legal decision, but the necessary norm is not in the legislative act. In this case, either the judge or the court makes a decision on the case. When making decisions, they must be guided by the principles of law, their worldview, legal consciousness, and the prevailing moral values in society.
Case law has many advantages:
– precedent is the result of logic and common sense, the use of which leads to adequate and precise regulation of a particular case;
– the precedent is very convincing, since the arguments in favor of making a decision are accompanied by a large amount of evidence;
– precedent is characterized by much greater dynamism, because the judge in his decision is able to reflect the changes occurring in life.
But the precedent also has some disadvantages:
– the precedent does not have the authority and binding nature of a normative act;
– precedent allows for the possibility of arbitrariness;
– the scope of the precedent is not defined.
3. Normative act.
A normative act is an official document of a law-making body that contains legal norms.
D o i s t o i n s t v a:
– regulations allow you to quickly and effectively respond to changes in the needs of life; they can be published relatively quickly, changed to any extent, or even cancelled;
– normative acts come from a single center: they are united by the Constitution and should not contradict it;
- normative acts make it possible to accurately and definitely record the content of legal norms, since they are written sources of law;
– legal norms are expressed in a general but fairly specific way.
Signs of regulations:
– they have a law-making character: in them, rules of law are established, or amended, or abolished;
– normative acts should be issued only within the competence of the law-making body;
– normative acts are always presented in documentary form and must have the following details: type of normative act, its name, the body that adopted it, date, place of adoption of the act, number;
– a normative act must comply with the Constitution of the Russian Federation and not contradict those normative acts that have greater legal force in comparison with it;
– all normative acts must be brought to the attention of citizens and organizations, i.e. published.
Requirements for regulatory acts:
– must be of high quality and reflect objective reality;
– must have a structure, and not represent a chaotic set of regulations;
– must be understandable to citizens.
Types of regulations:
1) laws.
A law is a normative act adopted in a special legal manner by the legislative authorities, regulating the most important social relations and having the highest legal force.
Laws:
a) can be adopted by only one body - the parliament, which holds legislative power in the country;
b) are adopted in a special manner, which is called the legislative procedure;
c) regulate the most important relationships in society.
Laws are divided into three groups:
1) basic laws (constitutions) regulating fundamental issues of state life;
2) constitutional laws regulating issues of public life related to the subject of the constitution;
3) current (ordinary) laws adopted to regulate all other important issues in society.
2) by-laws.
1) Decrees (they are issued by the president).
2) Government regulations.
3) Instructions of ministries and departments.
4) Regulatory acts of legislative (representative) bodies of the constituent entities of the Federation.
5) Regulatory acts of governors of territories and regions.
6) Regulatory acts of the administration of territories, regions (governments of republics).
7) Corporate (intra-organizational, intra-company) regulations.
TASK: Write down the stages of the legislative process. Imagine that you have to write a law. Your actions.
IV. Consolidation of what has been learned.
Answer the self-test questions, p. 294.
Homework: § 26.
Development of a social studies lesson: “Sources of Law”
Plan - summary of a social studies lesson in 10th grade on the topic: “Sources of Law”
Target:
consider the essence of the sources of law, formulate students’ understanding of the ways and where legal norms are formed, give an idea of the sources of law and their types.
Lesson type
: combined lesson using information and communication technologies.
Lesson Objectives
:
I. Educational
1. To form students’ ideas about the concepts: “law”, “legal norm”, “source of law”, “normative act”, “legal custom”, “legal precedent”, “types of normative acts”
2. Formation of an idea about the importance of knowledge of legislative acts and the process in the Russian Federation.
3. Formation of an idea about the sources of law, their classification.
II. Developmental
1.Development in students of the ability to highlight what is essential in the material being studied, compare, generalize, and logically express their thoughts.
2.Development of independence in students, using problem situations, creative tasks, discussions, observations in nature and the surrounding reality
3.Development for students by creating emotional and entertaining situations in the lesson. Use examples, illustrations, demonstrations, etc.
4.Develop the cognitive interest of students.
III. Educational
To promote the ideological, political, moral education of students during the lesson. Cultivate a tolerant attitude towards others
Equipment and literature
:
- computer
- computer presentation on the topic of the lesson
- didactic material
-textbook “Social studies. Basic course. 10th grade" Bogolyubov L.N., A.Yu. Lazebnikova, M.Yu. Telyukina - M. 2020
During the classes
- Repetition.
Preparing students for active learning of new material.
(5 minutes)
Involving students in learning activities through repetition of previously learned material.
- Testing your knowledge of the terms of the previous topic (5 min)
Answer the questions about what it is:
law, morality, branches of law, moral aspects, immoral behavior, types of branches of law (oral survey).
- Learning new material.(25 min.)
Plan:
- Sources of law and ways of their formation
- Basic forms of law
- Types of regulations
Introduction to the topic
Teacher
:
In almost every action we take, whether we realize it or not, whether we comply or not, we are faced with legal norms and their application in everyday life. Law and its norms have a different impact on our lives. They differ in the degree of importance and significance for us.
Sources of law and ways of their formation. Formulation of concepts
Legal norm
- this is just a rule of behavior, that is, an abstraction that does not exist in itself. In order for the rule of behavior established by the state to fulfill its functions, it must be expressed in an understandable form. But this is not enough; the form of expression of legal norms must reliably indicate that the rule of behavior is established by the state or is subject to protection by the state. Therefore, the functions of a form of law can not be performed by any form of expression of legal norms, but only by one that has the property of officiality.
“Form of law” and “source of rights” are different concepts.
Source of law
- these are the circumstances that cause the emergence of law, its action (the root from which the tree called law grows).
Source of law
are objective reality, that is, developing social relations (method of production, existing forms of ownership, economic, political, cultural, social ties), the will of the people (based on referendum norms), the will of the state (based on centralized norms), the will of citizens (based on corporate and contractual norms).
The form of law is what we draw knowledge about law from, otherwise, it is a way of forming and consolidating legal norms.
Teacher:
After formulating and explaining the concepts, we derive the concept:
— source of law;
— legal norm;
After this, I ask students to give examples of sources of law. After these answers, we turn over the previously hidden posters with excerpts from legal sources.
Possible student answers:
Examples of sources of law can be: laws of the XII tables (Ancient Rome, 5th century BC), laws of Draco (Athens, 7th century BC)
An example of a rule of law could be: Article 2 of the Family Code of Russia. “ Every child has the right to live and be raised in a family, as far as possible, the right to know his parents, the right to be cared for by them, the right to live together with them, except in cases where this is contrary to his interests .”
Basic forms of law:
Teacher: “Have you ever thought that if people’s lives are not regulated and ensured by the legislative process, then chaos will ensue in the world?”
After the students’ answers, I draw their attention to the screen where the definition of the concept “Basic forms of law” appears.
There are three main forms of law:
1. Legal custom.
Custom
- this is a rule of behavior that has developed over the course of several generations and has become mandatory due to repeated repetition, due to habit. But not every custom is a rule of law. Only if the state agrees with the custom and begins to protect it, it becomes a legal custom, a source of law (after a divorce, the child remains with the mother).
The state does not recognize every custom, but only those that express some kind of social pattern and, therefore, are useful for it. In the course of history, legal customs are gradually replaced by other legal sources.
Legal custom as a source of law has many advantages
:
– its emergence not from above, but from below, due to which it is capable of expressing the will of the people, their views, and needs more fully than other forms of law;
– his expression of certain patterns that exist in society, and as a result – his greater objectivity;
– oral form and delivery of information in simple, accessible language;
– a high degree of voluntariness in performance, since custom is based on habit.
But customs also have disadvantages:
– inertia, relative immobility, while the modern world is changing very quickly;
– uncertainty, which is the result of not being recorded in writing;
– small distribution area, local character.
2. Legal precedent (legal practice).
Legal precedent
(judicial or administrative) is a decision on a specific case that has become a model for the consideration of similar cases in the future. A precedent appears when a case requires a legal decision, but the necessary norm is not in the legislative act. In this case, either the judge or the court makes a decision on the case. When making decisions, they must be guided by the principles of law, their worldview, legal consciousness, and the prevailing moral values in society.
Case law has many advantages:
– precedent is the result of logic and common sense, the use of which leads to adequate and precise regulation of a particular case;
– the precedent is very convincing, since the arguments in favor of making a decision are accompanied by a large amount of evidence;
– precedent is characterized by much greater dynamism, because the judge in his decision is able to reflect the changes occurring in life.
But the precedent also has some disadvantages:
– the precedent does not have the authority and binding nature of a normative act;
– precedent allows for the possibility of arbitrariness;
– the scope of the precedent is not defined.
3. Normative act.
Normative act
is an official document of a law-making body that contains legal norms.
D o i s t o i n s t v a:
– regulations allow you to quickly and effectively respond to changes in the needs of life; they can be published relatively quickly, changed to any extent, or even cancelled;
– normative acts come from a single center: they are united by the Constitution and should not contradict it;
- normative acts make it possible to accurately and definitely record the content of legal norms, since they are written sources of law;
– legal norms are expressed in a general but fairly specific way.
Signs of regulations:
– they have a law-making character: in them, rules of law are established, or amended, or abolished;
– normative acts should be issued only within the competence of the law-making body;
– normative acts are always presented in documentary form and must have the following details: type of normative act, its name, the body that adopted it, date, place of adoption of the act, number;
– a normative act must comply with the Constitution of the Russian Federation and not contradict those normative acts that have greater legal force in comparison with it;
– all normative acts must be brought to the attention of citizens and organizations, i.e. published.
Requirements for regulatory acts:
– must be of high quality and reflect objective reality;
– must have a structure, and not represent a chaotic set of regulations;
– must be understandable to citizens.
Assignment: reflect the advantages and disadvantages of sources of law
Types of regulations:
Teacher: “In order to understand how we can competently use legislative acts while ensuring the protection of our rights and interests, we need to build a hierarchy of legal acts in the Russian Federation.”
Question to the class: “What legislative acts of the Russian Federation do you know?”
After the students’ answers, I draw their attention to the screen, where a table appears with the types of regulations and the branches of their divisions” (Slide 14-20).
1)
laws .
Law
is a normative act adopted in a special legal manner by the legislative authorities, regulating the most important social relations and having the highest legal force.
Laws:
a) can be adopted by only one body - the parliament, which holds legislative power in the country;
b) are adopted in a special manner, which is called the legislative procedure;
c) regulate the most important relationships in society.
Laws are divided into three groups:
1) basic laws (constitutions) regulating fundamental issues of state life;
2) constitutional laws regulating issues of public life related to the subject of the constitution;
3) current (ordinary) laws adopted to regulate all other important issues in society.
2)
by -laws.
1) Decrees (they are issued by the president).
2) Government regulations.
3) Instructions of ministries and departments.
4) Regulatory acts of legislative (representative) bodies of the constituent entities of the Federation.
5) Regulatory acts of governors of territories and regions.
6) Regulatory acts of the administration of territories, regions (governments of republics).
7) Corporate (intra-organizational, intra-company) regulations.
Exercise 1
. Arrange the laws in hierarchical order:
Civil Code, Criminal Code, Criminal Procedure Code, Federal Law “On Education”, Law “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation”, Law “On Joint Stock Companies”, Law of a Subject of the Federation, Decrees of the Government of the Russian Federation, order of the school director.
- Consolidation of what has been learned.
Reflection. (performing a mini-test) –
3 min.
Answer the test questions:
Application of acquired knowledge when solving practical tasks.
Test
1. What are the sources of law?
1) regulations on military service 2) notes of the military leader
3) letter to the Minister of Defense from employees 4) order of the Minister of Internal Affairs
2. Name the dignity of a normative legal act as a source of law:
1) its emergence not from above, but from below; having the ability to more fully express the will and needs of the people;
2) is the result of logic and common sense, is understandable to everyone and does not need explanation;
3) oral form, delivering information in accessible language;
4) allows you to accurately and definitely record the content of legal norms, being a written source of law.
3. Decrees of the Government of the Russian Federation relate to:
1) laws; 2) by-laws;
3) legislative activity; 4) all of the above.
4. The earliest source of law was:
1) Constitution; 2) legal precedent;
3) custom; 4) judge.
5. What regulatory legal acts are issued by the President of the Russian Federation?
1) Laws; 2) Decrees and orders;
3) Resolutions and orders; 4) Laws, regulations, orders, instructions.
6. The most rarely used source of law in the Russian Federation is:
1) Legal custom; 2) Legal precedent;
3) Regulatory agreement; 4) Regulatory legal act
VI. Summarizing. Giving grades to students.
1 min.
VII. Homework. P. 19
1 min.
