PHÁP LUẬT ĐẠI CƯƠNG | Chương 1. Phần 1. Nguồn gốc của Nhà nước | Glory education

Glory Education - TS.Trần Hoàng Hải13 minutes read

General Law explores the foundational aspects of the state and law within the Vietnamese legal framework, highlighting theoretical perspectives on the origin of the state, including both non-Marxist and Marxist-Leninist theories. The course aims to equip non-law students with essential knowledge through accessible video lectures while addressing the evolution from communal living to class-based society, emphasizing the state's role in managing social conflicts and maintaining order.

Insights

  • The course on General Law aims to equip non-law students with fundamental insights into the state and legal systems, particularly focusing on the Vietnamese context, while encouraging wider support through accessible video lectures.
  • The text explores various theories regarding the origin of the state, contrasting non-Marxist perspectives, such as theological and growth theories, with Marxist-Leninist views that link the state's emergence to class differentiation and societal changes, highlighting the state's role in managing social conflicts and maintaining order within class societies.

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Recent questions

  • What is the definition of a state?

    A state is a political entity with a defined territory, population, government, and the ability to enter into relations with other states. It serves as a structured organization that maintains order, enforces laws, and provides services to its citizens. The concept of a state encompasses various forms of governance, including democracies, monarchies, and authoritarian regimes, each with its own mechanisms for authority and control. The state's legitimacy often derives from its ability to represent the interests of its people, uphold justice, and ensure security, making it a fundamental component of political science and law.

  • How do I understand legal systems?

    Understanding legal systems involves exploring the frameworks and principles that govern a society's laws and regulations. Legal systems can vary significantly across different countries and cultures, but they generally consist of statutes, regulations, and case law that dictate how laws are created, interpreted, and enforced. To grasp a legal system, one should study its historical context, the role of various legal institutions, and the relationship between law and society. Additionally, examining how laws evolve in response to social changes and conflicts can provide insights into the dynamics of justice and governance within that system.

  • What are the main theories of state origin?

    The main theories of state origin include theological, growth, social contract, and Marxist-Leninist theories. The theological theory posits that states are divinely ordained, with rulers acting as representatives of a higher power. Growth theory suggests that states evolved from family structures, where authority was centralized in a patriarchal figure. Social contract theory argues that states arise from agreements among individuals to form a governing body for mutual benefit. In contrast, Marxist-Leninist theory views the state as a product of class struggles and societal changes, emerging from the need to manage conflicts arising from economic disparities. Each theory offers a unique perspective on how states come into existence and function.

  • What is the role of law in society?

    The role of law in society is to establish rules and standards that govern behavior, ensuring order and justice. Laws serve multiple functions, including protecting individual rights, resolving disputes, and maintaining public safety. They provide a framework for social interactions and help to prevent conflicts by outlining acceptable conduct. Additionally, laws reflect the values and norms of a society, adapting over time to address new challenges and changes in social dynamics. By enforcing laws, governments can promote stability and fairness, fostering an environment where individuals can coexist peacefully and pursue their interests.

  • How does class society affect governance?

    Class society significantly affects governance by introducing complexities related to power dynamics, resource distribution, and social conflict. In a class-based system, the interests of different social classes often clash, leading to tensions that require effective governance to manage. The state emerges as a necessary institution to mediate these conflicts, enforce laws, and maintain order. Governance structures may reflect the interests of the dominant class, potentially leading to inequalities in representation and access to resources. Understanding these dynamics is crucial for analyzing how policies are formulated and implemented, as well as how social movements can influence change within a class society.

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Summary

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Foundations of Vietnamese Law and State Theory

  • General Law is a foundational legal science subject that covers the origins, nature, and roles of the state and law, focusing on the Vietnamese legal system and its violations, based on the 1992 Constitution and related documents.
  • The course aims to provide basic knowledge of state and law to non-law students through video lectures, seeking support and encouragement from a broad audience.
  • The text discusses the origin of the state, categorizing theoretical views into non-Marxist and Marxist-Leninist theories, with the former including theological, growth, and social contract theories.
  • The theological theory posits that the state is divinely created, with state power viewed as eternal and unchangeable, requiring obedience to rulers as representatives of divine will.
  • Growth theory suggests that the state evolved from the family structure, where the king's power mirrors that of a patriarch, and the state arises from social contracts among individuals in a pre-state condition.
  • The text also describes the state as a product of conflict and war, where victorious tribes establish ruling structures to maintain control over conquered groups.
  • Marxist-Leninist theory asserts that the state emerges from societal changes, particularly class differentiation, and is a product of the development of productive forces and the division of labor.
  • The primitive commune is identified as the earliest socio-economic form, characterized by communal ownership and a lack of class structure, with labor divided by gender and age.
  • The text outlines the transition from communal living to class society, driven by surplus production, private ownership, and the emergence of class conflicts, leading to the establishment of the state.
  • The state is described as a necessary organization to manage social conflicts and maintain order, arising from the contradictions inherent in class society and the need for governance.
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