Lyana S. Unatlokova

In the context of increasingly complex legal regulation, expanding the interpretative space of law enforcement, and strengthening the competency-based focus of higher legal education, developing legal argumentation in law students is becoming a significant theoretical and didactic task. Insufficient development of an argumentative culture manifests itself in a weak connection between norms and facts, the substitution of justification for the reproduction of normative material, difficulties in counter argumentation, interpretative instability, and insufficient readiness for publicly presenting a legal position. The aim of this article is to theoretically substantiate approaches to developing legal argumentation in law students and identify their didactic potential for designing the educational process in higher legal schools. The research methodology is based on systemic, competency-based, hermeneutic, logical-argumentative, rhetorical-discursive, and professional activity-oriented approaches. Theoretical analysis, comparison, conceptual and categorical reconstruction, structural and functional generalization and pedagogical modeling were used. As a result, the conceptual status of legal argumentation as a meta-subject professional and legal ability of a student to construct, verify and present a substantiated legal position in the conditions of regulatory uncertainty, factual variability and communicative competition was clarified; the argumentation situation as a basic didactic unit of training was substantiated; normative-cognitive, interpretative, factual-analytical, logical-procedural, rhetorical-communicative, axiological and reflexive-evaluative components were identified; the levels of formation of legal argumentation and pedagogical conditions for the development of argumentative competence were determined. The theoretical significance of this article lies in its integration of logical-formal, hermeneutic, rhetorical-discursive, and competency-based approaches into a holistic model of legal argumentation. Its practical significance lies in the potential use of the proposed components, levels, criteria, and conditions in designing academic disciplines, legal cases, assessment tools, written assignments, academic debates, and methodological scenarios for the professional training of preservice lawyers.

The modern standardization of education, the strengthening of managerial control, and the growing substantive heterogeneity of educational practices increase the need for methodologies that allow for the reconstruction of how the learning situation is presented to the subject of learning in the forms of experience and meaning self-determination. This article presents a theoretical and methodological desk study and is based on an analysis of published methodological works devoted to the phenomenological study of educational and life experience. The study was conducted in the period September–December 2025 by a research group consisting of L. S. Unatlokova (Kabardino-Balkarian State University named after Kh. M. Berbekov, Department of Kabardino-Circassian Language and Literature, Nalchik), Z. A. Nasurova (A. A. Kadyrov Chechen State University, Department of Pedagogy and Psychology, Grozny), and N. A. Danilova (V. N. Tatishchev Astrakhan State University, Department of Mathematics, Astrakhan). It was implemented in the format of analytical work with texts without involving respondents and empirical data collection. The aim of the study is a theoretical and methodological reconstruction and comparison of the phenomenological analysis procedures in the works of A. van Kaam, A. Giorgi, P. Colaizzi, K. Moustakas and M. van Manen and the identification of their potential and limitations in humanitarian and pedagogical research. Monographs and articles by the above-mentioned authors describing the logic and steps of phenomenological analysis served as the material for the study. The methodological foundation comprises phenomenological and hermeneutic approaches; the researchers used conceptual reconstruction, theoretical and comparative analysis, eidetic variation, and thematization analysis of the authors' descriptions of the procedures. The course of the study included the following successive stages: (1) selection and systematization of sources; (2) reconstruction of the analysis procedures in each approach; (3) construction of a comparative matrix of key parameters (unit of analysis, type of reduction, thematization mode, methods of verification and forms of the result presentation); (4) identification of the procedural invariant and lines of divergence; (5) formulation of criteria of humanitarian validity and risks of methodological reduction. It is shown that despite differences in philosophical emphases, all the approaches considered share a common procedural invariant: adoption of a phenomenological stance, holistic reading of descriptions of experience, identification of semantic units, their analytical transformation, thematization and essential synthesis. Two complementary lines are distinguished – descriptive-reductive (van Kaam, Giorgi, Colaizzi) and hermeneutic-practical (Moustakas, van Manen), which put, respectively, an emphasis on identifying invariants of experience and on revealing pedagogical meaning as eventfulness. The criteria for the humanitarian validity of phenomenological analysis (phenomenal adequacy, procedural traceability, variability, intersubjective verifiability, reflexive responsibility) have been clarified, and typical risks of methodological reduction (psychologization, naturalistic reduction, normative-moralizing substitution) have been systematized. The theoretical significance of the work lies in the explication of phenomenological methodology as a discipline of accurate qualitative analysis of pedagogical experience; the practical significance lies in setting guidelines for the design of phenomenologically grounded studies of educational everyday life, professional development, and the microdynamics of educational subjectivity within the logic of humanities-based assessment of the education quality.