THEORIES ON STATES AND LAW

Marxism and
Criteria Natural Law Theory Positive Law Theory
Leninism
Slave possession
WHEN? The earliest of all Appears when a state
Feudal period
(state/law exists) theories is created
Capitalist period

Upper class (slave Human beings (the

WHO? God/ Nature (not by
owners, land-owners, sovereign body of the
(makes state/law) human beings)
bougeoisie) state)

Conflict between
classes:
To combat
Slave owners vs
misbehavior
slaves To equally enforce
WHY? (disobedience,
Land owners vs people on the subjects
(state/ law exists) crime...) and to
farmers/ peasants and the kings.
maintain and stabilize
Bougeoisie vs
social order.
workers/ proletariat
The rich vs the poor
The state is
essentially a special
organization of
Natural law is defined
political power, an
as “the principles of Rules made by the
apparatus specializing
natural justice if we sovereign are laws
in coercion and
WHAT? use the term justice in irrespective of any
performing special
(state /law is…) its widest sense to other considerations
management
(essence is…) include all forms of (no need to use
functions in order to
rightful actions” reason, morality, or
maintain social order
(individual’s right to justice to determine
and fulfill the purpose
equality, life, liberty the validity of law)
of protecting status.
and security…)
of the ruling class in
society

INTRODUCTON TO LAW PART 1:

Essence of a State:
- Class-conscious face:
 Tax imposition and collection (áp thuế và thu thuế)
 Dissemination of favorable thoughts/ philos ophies/ theories
 Dominance of the ruling class in the ruling party (sự thống trị của giai cấp cầm
quyền trong Đảng cầm quyền)
  Suppression over political demonstrations/ opponents (đàn áp các cuộc biểu
tình, chống đối chính trị)
- Social face:
 Provision of subsidies/ grants to the poor
 Support for certain religions
 Provision of free/ low-cost social insurance, utilities
PART 2:
True of False “All rules are laws but not all laws are rules”
=> True. A law is a type of rule, but not the only type of rule. In other words, laws are
a particular subset of rules. Laws are basically legal rules. There are also other non-
legal rules that applied only to a group of people, not the entire society. For example,
according to the law, people are not allowed to drive when they’re drunk. This law is
applied to everyone and if you disobey, you might end up at court and receive a
sentence. On the other hand, we have non-legal rules like not to wear make-up at
school, for example, that is applied only to students of that particular school. If you
break the rule, you won’t end up in the police station but you’re going to receive a
punishment from the school. That’s why “all rules are laws but not all laws are rules”
Non-legal rules or laws? And why?
1. Family household rules -> non-legal rules -> applied only to members of that
household
2. Game rules (we-the icebreakers) -> non-legal rules -> applied only to players
participate in the game, if you break the rules you will be eliminate from the
game
3. Class rules -> non-legal rules -> applied only to the students of that class, if
you break the rule then the teacher will punish you
4. Soccer rules -> laws -> applied worldwide, every soccer team has to follow the
rules
5. Road transportation rules -> laws -> applied to everyone, if you break the law
you will end up at the police station and receive a fine or maybe a sentence
6. Contract rules -> laws -> applied to all kind of businesses, if someone violate
the rule, you can sue them
7. Marriage rules -> laws -> applied to every married-couple or couples getting
married. For example you can only get married when you’re over 18. If you
break the laws you might be fined or sued.
 VN
Criteria Types USA CAN UK FRA DEU RUS JPN CHN AUS NZL
M
Slave
possession
style
(chiếm
hữu nô lệ)
Feudal
Styles of laws style (PK)
Capitalist
style x x x x x x x x
(TBCN)
Socialist
style x x x
(XHCN)
Customary
law (tập
quán x x x x
pháp-luật
tục)
Forms of laws
Statutory
law (luật x x x x x x
thành văn)
Case law
x x x x
(án lệ)

Sources of law
Customary Law Statutory Law Case Law
Criteria
=
≠

Based on judicial
Intrinsic to the life and Statutory law is created
decisions, concerns
custom of indigenous and passed by the
What? unique disputes resolved
people and local legislative branch of the
by courts using the
communities government.
concrete facts of a case

Other general Consuetudinary or Judge made law, common

Statute law
names Unofficial law law
E.g.
Who makes? Parliament Legislature Judges/ the Courts
How to make? Traditional authorities When creating statutory By deciding a disputed
 law, a legislative body
first proposes a bill. The point of law a senior
have the right to make
bill is then voted on by court (known as a court
new customary law, and
the entire legislative of record) can change or
to amend and repeal
body. If it does not pass, clarify the law, thereby
existing customs. But
it can be amended and setting a precedent which
customary law must be
then voted on again. If it other courts are bound to
considered in the
passes, it is sent to the follow or apply in later
community context.
executive branch of the cases.
government

Ex 1:
1. National law: All
2. From the perspective of the UK, what is national law? – UK law
3. From the perspective of the UK, what is international law? –UK-VN Free trade
agreement
Ex 2:
Types
National law International law
Criteria
Similarities International law and National law are both systems of legal
principles developed by states and legal participants
Dissimilarities
Names Public international law
Domestic law
Law of nations
Makers National Legislature Nations
E.g. Vietnamese law
UK-VN Free trade agreement
UK law
Spatial scope of Regulates external relations
Applied within the boundaries
application between two or more countries
of a country and is created
by the signing of treaties and
accordance with the
agreements concerning trade,
constitution of the state
war, the sea or oil

Ex 3:
1. d
2. a
“Where a seller delivers property in a quantity which is more than that agreed, the
purchaser has the right to accept or not to accept the excess” – Substantive law
“A purchaser must pay the full price at the agreed place and time” – Substantive law
“The time-limit within which a request may be made to a court to declare a civil
transaction invalid (…) shall be two years” – Procedural law
Ex 4:

Types Substantive law Procedural law

Criteria (luật nội dung/luật thực chất) (luật hình thức/ luật tố tụng)
Similarities Determining the rights and obligations of the parties in a legal
relationship
Dissim
ilarities
Subject–matters/ The set of laws that governs Comprises the rules by which a
Contents how members of a society are court hears and determines
to behave what happens in civil, lawsuit,
criminal or administrative
proceedings
E.g. The Hindu succession act, Code of Criminal Procedure,
1956 1973
The Transfer of Property Act, Law of Evidence, 1872
1882
Industrial Disputes Act, 1947 The Limitation Act, 1963

Ex 5:
- Public law: Constitutional law (luật hiến pháp), Administrative law (luật hành chính),
Criminal law (luật hình sự)
- Private law: Family law, Commercial law (luật thương mại), Labor law (luật lao động),
Property law (luaath tài sản), Law of succession
Ex 6:

Types Public law Private law

Criteria (luật công/ Công pháp) (luật tư/ Tư pháp)
Similarities Laws that deal with disagreements between parties
Dissimilarities
Subject-matters/ A legislative enactment Area of law that deals with
Contents affecting the public at large disagreements between people
or companies, rather than
disagreements that involve
government
Subjects/ Parties -The state and the public - Private individuals or
to relations -Different institution within a Institutions
state -Families, businesses and small
-Different branches of groups…
governments
-People that are of direct
concern to society
 E.g. Constitutional law, Criminal Commercial law, Labor law,
law Law of obligations

Ex 7+8+9: