PLĐC - Introduction to Law

PLĐC - Introduction to Law (Foreign Trade University)

• The document is study notes about Introduction to Law at Foreign Trade University
• It covers various topics in the field of law, including state and law, origin of states and law, theories regarding the origin of law, nature of state, law definition, rules and laws, legal vs non-legal rules, law and morality, law and custom, public and private law, and criminal vs civil law

Topic 1: State and Law

• Non-Maxist theories include Theory of Violence, Theology, and Social Contract Theory
• Origin of the state follows Maxist theory: Primitive community/classless society -> class society -> state
• Economic causes involved in states can be seen as having three stages of labor and private ownership occurrence
• Special political organization, protecting the ruling classes' rights/interests, maintaining social stability are features of the state
• The state has the power to enforce its rules

Nature of State

• Class-conscious face: The state is influenced by and influences the class structure of society, often reflecting the interests of the dominant class.
• Social face: The state shapes and is shaped by social relations, interacting with various social structures and ensuring social order

Origin of Law

• Non-Marxist: Laws represent the general will of the community, intuition of correct conduct, and the rule of God.
• Marxist: Laws are legally enforceable rules by authorities within a society, reflecting the prevailing economic system.

Essence of Law

• Rules and laws are meant to dictate what is/isn't allowed by a given society
• Legal rules apply in all of society and distinguish between legal and non legal rules; non-legal rules are specific to given groups or social settings

Law and Morality

• Morality focuses on concepts of good, evil, right, and wrong in a broader context.
• Morality is not enforceable, unlike legislation. It's about intentions and attitudes as opposed to only visible behavior

Law and Custom

• Customs are widely-recognized societal rules formed over time
• Customs should not contradict general legal principles

Law and Other Concepts

• Laws, customs, and morals are distinct concepts, but they interact with each other within a society
• Law is formed and influenced by moral and societal standards, which sometimes directly conflict with and contradict them

Classification of Laws

• Public law is concerned with how a government interacts with its citizens.
• Private law concerns the relations between individuals.
• Criminal law focuses on crimes against society.
• Civil law deals with disputes between individuals.

Substantive and Procedural Law

• Substantive law defines rights and obligations of individuals in a given society.
• Procedural law outlines the methods of enforcing substantive law , the processes involved in resolving disputes.

Sources of Law

• Customs: time-tested rules of conduct accepted within a society.
• Statute Law: written laws passed by legislative bodies.
• Case Law: rules derived from judicial decisions in past cases

Civil Law in Vietnam

• Civil law defines relations between individuals/organizations in a given society.
• Key elements include: parties, objects, and their rights and obligations.
• Essential components of a civil relation are the parties, the subject matter, the conditions and the legal norms, or legal principle guiding their interaction

Legal Capacity

• Civil legal capacity - refers to a person's ability to participate in legal transactions/proceedings.
• Civil act capacity - refers to a person's ability to perform civil obligations by their own actions

Legal Norms

• Legal norms are general rules of conduct promulgated or recognized by a state/community