Bài tập nhóm Thảo luận về Luật tự nhiên môn Tiếng Anh pháp lí | Trường Đại học Luật Hà Nội

lOMoAR cPSD| 58412604 MINISTRY OF JUSTICE HANOI LAW UNIVERSITY GROUP ASSIGNMENT BASIC LEGAL ENGLISH
TOPIC: NATURAL LAW GROUP : 04 CLASS : N04 Hà Nội, 2024
BIÊN BẢN XÁC ĐỊNH MỨC ĐỘ THAM GIA
VÀ KẾT QUẢ THAM GIA LÀM BÀI TẬP NHÓM Ngày: …/…/2023
Địa điểm: Trường Đại học Luật Hà Nội Nhóm số: 01 Lớp: N04
Ngành: Luật thương mại quốc tế Khoá: 48 Bài tập: Bài tập nhóm
Môn học: Tiếng anh pháp lí
Xác định mức độ tham gia và kết quả tham gia của từng sinh viên trong việc thực hiện bài
tập nhóm 05 với kết quả như sau: MÃ SV HỌ VÀ TÊN ĐÁNH GIÁ SV KÝ ĐÁNH GIÁ CỦA GV CỦA SV TÊN A B C ĐIỂM ĐIỂM GV (số) (Chữ) (Ký tên) 1 482649 Nguyễn Hạnh x Nguyên 2 482651 Đặng Yến Nhi x 3 482652 Đặng Nhung Nhung x 4 482653 Đàm Hà Phương x
Kết quả điểm bài viết: ............................
- Giáo viên chấm thứ nhất:.……………...
Hà Nội, ngày … tháng … năm 20…
- Giáo viên chấm thứ hai:.………………. NHÓM TRƯỞNG
Kết quả điểm thuyết trình:……………. -
Giáo viên cho thuyết trình:…………….
Điểm kết luận cuối cùng:………………
- Giáo viên đánh giá cuối cùng:………… TABLE OF CONTENTS
INTRODUCTION...............................................................................................3
CONTENT...........................................................................................................4
I/What is Natural Law?..................................................................................4
1.Definition...................................................................................................4
2.The nature of the Natural Law...............................................................4
3.History and development of the Natural Law ......................................5
4.Classification.............................................................................................6
5.Some flaws in Natural Law Theory........................................................7
II/Examples of Natural Law...........................................................................7
1.Natural law in systems of government...................................................7
2.Right to acquire property........................................................................8
3.Right to liberty..........................................................................................8
4.Parental duties..........................................................................................8
5.Pursuit of happiness.................................................................................9
III/Natural Law in Vietnam...........................................................................9
1.Natural law in perception in Vietnam....................................................9
2. Natural law in practice in Vietnam......................................................10
CONCLUSION..................................................................................................13
LIST OF REFERENCES.................................................................................14 INTRODUCTION
Natural law has long played a role as a foundational concept in ethical and legal
learning, introducing little pain to understanding the inherent principles that govern
human behavior. Rooted in the belief that certain moral truths are universally
applicable and superior to man-made laws, natural law has defined the moral
landscape of societies throughout time. era and background culture. From ancient
correctors such as Aristotle and Cicero to mediaeval theologians such as Thomas
Aquinas, the discourse of natural law has evolved, adapting to the dynamic
interaction between morality, justice and human experience.
In this research article, we are going to present more deeply what we know basically,
give architectural opinions on the flaws, as well as take examples to have a realistic
view of the natural law. Through this, we aim to shed light on the relevance of natural
law in our efforts to understand and establish the foundations of a just and equitable society.
I/ WHAT IS NATURAL LAW? 1. Definition:
Natural law is a theory in ethics and philosophy that says that human beings possess
intrinsic values that govern their reasoning and behavior. It is a philosophical theory
that states that humans have certain rights, moral values, and responsibilities that are
inherent in human nature. Natural law theory is based on the idea that natural laws
are universal concepts and are not based on any culture or customs. Still, it is a way
society acts naturally and inherently as human beings.
Unlike written law, natural law is a system of political and moral principles that are
widely agreed upon and accepted by people. Therefore, natural law is known as the
law engraved deeply in the heart and conscience of every human being. When talking
about a match, people often talk about "fair play", when talking about an election,
people often talk about the requirement of "fair and square". In judicial work, people
talk about "justice", in social management, people talk about morality and common
sense, all of these values suggest the principles of natural law.
2. The nature of the Natural Law:
Natural Law theorists, unlike those who promulgate positive laws, believe that we
determine human law by morality and not by a person or system or institution in
power. Therefore, their human nature (humanity) guides them to discover what their
laws are, and to act in accordance with those laws. When reduced to its simplest form,
natural law means "justice", "right". The main figures of this legal theory include
Zeno, Plato, Aristotle, Socrates, Thomas Aquinas, Grotius, etc. They hold the basic
view that there are certain objective principles in every person, regardless of skin
color, race or tribe, that tells a person what action or any form of action is right, fair and just.
In terms of the main principle of natural law, Thomas Aquinas wrote: “Good is to
be done and pursued and evil avoided.”, Aquinas says that reason reveals natural
law that is especially good for humans such as protecting yourself, marriage and
family, and also helps humans understand evils such as adultery, suicide and lying.
Besides, it is also necessary to affirm that natural law is not a real type of "law".
Many views hold that natural law has never been a legal doctrine but actually an
ethical or moral doctrine, or perhaps had the task of connecting the gap between
ethics and politics by placing politics under the strict control of moral ethics or vice
versa. "Natural" in the phrase “Natural law” is in accordance with reason, is right,
belongs to reason. Natural law, understood as having immutable moral principles,
common to all humans, because virtue is something that belongs to human nature.
Natural law is a code of conduct considered to be based on the rationality inherent in all things.
3. History and development of the Natural Law:
Since the ancient Greek period, philosophical ideas have emphasized the contrast
between immutable and eternal laws that exist objectively and independently of the
laws, conventions, and customs set forth by a political, social order or a country with
progressive views such as “everyone is equal”, “nature does not give birth to anyone
to be a slave”, “state law is a specialized thing if they force people to act contrary to
their nature”, … The ideas of natural law were further developed by Socrates and his
students Plato and Aristotle. His theory of natural law believes that nature already
has rules, laws, ethics and justice, and it is best for humans to draft laws based on
morality and ethics of nature. In ancient Rome, Ciceron continued to develop the
theory of natural law. According to him, natural law must be the standards used to
evaluate the justice or injustice of positive law, a means to evaluate whether laws
promulgated by the state are fair and correct or not.
During the feudal period, according to natural law, the state and law were no longer
founded by God, but by social agreements between people in accordance with the
laws of human reason. It is the demands of human reason, derived from human
nature, that create the norms of natural law. It can be said that natural law played a
key role in the development of political ideology in the late feudal period, thereby
contributing to freeing state and legal doctrine from the protection of theology by deeply criticizing feudalism.
In the 19th century, the influence of natural law was increasingly weakened by the
strong growth of legal positivism and doubts about the correctness of natural law.
Entering the 20th century, natural law has revived strongly through many
international events such as pastor Martin Luther King used natural law when he
declared that every laws on racial discrimination are not real laws because they are
inconsistent with the morality and ethics of natural law, or the Nuremberg trials that
convicted the leaders of the Nazi Party after World War II Second because of
complying with unreasonable and unfair positive laws.
In modern legal science, there are many different theories and approaches to natural
law. The traditional approach holds that natural law is a system of “eternal and
immutable” rules that have higher value than positive law. Although there are many
different natural law theories, they all have something in common: These are the
basic standards of morality and politics that are derived from the nature of things,
especially human nature, and therefore universal, applicable to all people at all times,
they can be perceived by ordinary rational means. 4. Classification:
Base on the approach to the origin of natural law, researchers divide natural law into three schools: a. Religious natural law:
- Represented by Thomas Aquinas (1225-1274), he believed that natural law
originated from religion. According to him, there are four types of law: eternal law,
natural law, divine law and human law (positive law). Natural law is the means for
rational humans to connect eternal law and positive law, helping people to distinguish
between good and bad. There are reason and right that help people transform natural
law into positive law, therefore, positive law must be adjusted to suit natural law. If
this rule is not fully accommodated, the rules promulgated by humans will not be real
laws but only distortions of the law. b. Secular natural law:
-Represented by Hugo Grotius (1583-1645), who established public international law
on the basis of natural law. Hugo Grotius believed that natural law also plays a role
in forming legal systems between nations. According to him, natural law is supported
by everyone due to its reasonableness. But contrary to Aquinas, he held that natural
law would exist whether God exists or not. In addition, he emphasized the role of
natural law in protecting individuals. Natural law is the principles formed by nature
because humans cannot do anything to destroy their lives. Accordingly, society must
apply natural law to protect human life. c. Procedural natural law:
- Represented by Lon Fuller (1902-1978), according to him, internal moral elements,
hidden ethics, and laws must ensure procedural fairness to have enough conditions
to become law. If a system of rules violates basic procedural principles of justice and
fairness, then that system of rules cannot be considered a legal system. These rules
include provisions on transparency, nonretroactivity, non-contradiction and
enforceability... He condemned immoral legal systems such as the laws of the Nazi
Party during World War II Second due to violating a series of procedural regulations
such as retroactivity and publicity. Therefore, these regulations do not meet all the elements to become law.
5. Some flaws in Natural Law Theory:
One of the difficulties for natural law theory is that people have interpreted nature
differently. Since natural law assumes universalizing rules, it does not account for
the fact that different people or different cultures may view the world differently.
Another flaw of Natural law is how do people determine the essential or morally
praiseworthy traits of human nature? Traditional natural law theory has picked out
very positive traits, such as "the desire to know the truth, to choose the good, and to
develop as healthy mature human beings”. But some philosophers, such as Hobbes,
have found human beings to be essentially selfish. It is questionable that behavior
in accordance with human nature is morally right and behavior not in accord with
human nature is morally wrong.
Moreover, two philosophers (Aquinas and Aristotle) integral to the theory have
different views about God's role in nature. While Aquinas thinks the reason why
nature had the order it did was because God had put it there, Aristotle did not
believe that this order was divinely inspired. Does this alleged natural moral order
require that we believe that there is a God that has produced this natural moral
order? Evolutionary theory has challenged much of the basis of thinking that there
is a moral natural order, since on evolutionary theory species have developed the
way they have out of survival needs.
II/ EXAMPLES OF NATURAL LAW:
1. Natural Law in systems of government:
In the U.S. Constitution, the right of citizens to life, liberty, and the pursuit of
happiness is a motto based on natural law. In the penal code, certain crimes are almost
universally accepted as punishable, including murder and rape. These types of crimes
are seen as damaging both the humanity of the victim and the social fabric of society.
2. Right To Acquire Property:
The universally recognized right to acquire, use, enjoy, and dispose of property is
another manifestation of natural law and represents the liberal idea of economic
freedom. This principle is deeply ingrained in human nature and has been a critical
factor in human progress and development. From ancient systems like feudalism
where land was recognised as a valuable asset, to contemporary property laws which
include intellectual property rights, the inherent understanding of one’s right to
acquire and control property is consistently upheld.
Today, this natural law principle is recognized by international covenants such as
Article 17 of the Universal Declaration of Human Rights which states: “Everyone
has the right to own property alone as well as in association with others.” 3. Right To Liberty:
The right to liberty, understood as the freedom to live one’s life without unwarranted
restraint, represents a key aspect of natural law.
This principle affirms that each individual has an inherent right to make decisions
about their own life, to express themselves freely, and to engage in the pursuit of
happiness, so long as it does not infringe upon the rights of others. Historically, the
quest for liberty is reflected in numerous revolutions and movements, like the
American and French Revolutions in the 18th century which were central themes of
liberty. Today, it is enshrined in numerous constitutions and international documents,
such as Article 3 of the Universal Declaration of Human Rights – “Everyone has the
right to life, liberty, and security of person”. 4. Parental Duties:
Parental duties, or the responsibility of parents to care and provide for their offspring,
is an excellent example of natural law.
This principle originates from an innate understanding that parents, owing to their
role in their children’s creation and upbringing, have a responsibility to ensure their
protection, survival, and growth.
For instance, parental duties are not limited to humans but are pervasive in the entire
animal kingdom, where creatures exhibit protective behaviors towards their offspring
(like a mother bear protecting her cubs from predators).
Moreover, nearly all nation-states recognize parental responsibility in legal terms,
mandating provisions for child care, education, and safeguarding against neglect and
abuse. These legislations often resonate with the United Nations Convention on the
Rights of the Child, bolstering the common understanding of parental duties as a natural law.
5. Pursuit Of Happiness:
The pursuit of happiness, ingrained as an inherent human desire to seek joy and
fulfillment, falls under the broad umbrella of natural law.
This principle is universally recognized as each individual’s innate right to strive
toward their well-being, happiness, and personal fulfillment.
The importance of this principle is epitomized in foundational documents such as the
United States Declaration of Independence, where it is affirmed as an unalienable
right alongside life and liberty. It is a commitment to individual autonomy, personal
growth, and human dignity, irrespective of societal or cultural contexts – making it a core element of natural law.
III/ NATURAL LAW IN VIETNAM:
1. Awareness of natural law in Vietnam:
In Vietnam, the image of natural law and natural rights was expressed right from the
first lines of the Declaration of Independence when President Ho Chi Minh
mentioned the basic rights that the “Creator" gave to human: “All people are born
with equal rights. The Creator gave them rights that no one can violate, among those
rights, there are the right to live, the right to be freedom and the right to pursue
happiness”. In recent times, the issue of natural law has continued to be mentioned
within the framework of a number of research articles on the rule of law doctrine as
a condition for building and perfecting the rule of law state in Vietnam.
In the process of completing the theoretical system of the socialist rule of law state,
theories of natural law were mentioned quite a lot in Vietnam. However, over the past
decades, like other socialist legal systems, Vietnam has only paid attention to legal
principles and not focused on the rule of law. In legal science, the rule of law and
legality are both legal philosophies that promote the role of law. A recent study has
distinguished legality from the rule of law, especially considering natural law as a
tool for citizens to check and supervise public authority, law originates from natural
law, so in addition to written law, case law, customs, justice, conscience, morality and
social values are also considered as sources of the rule of law. In addition, rule of law
allows people to invoke common sense and reason to protect themselves against
unreasonable laws of the State.
Similar to the above approach, Dr. Ngo Huy Cuong also believed that the concept of
the rule of law state is specifically related to natural law because the rule of law is a
political-legal concept that requires compliance with natural law and the
establishment of mechanisms to protect natural human rights. Therefore, natural law
needs to be promoted and reflected in the Constitution. This is the fundamental
difference between the rule of law state and socialist rule of law, however, this issue
has not been resolved clearly and decisively in Vietnam.
In recent times, in response to the need for reform and innovation in the field of
legislation, the ideas and values of natural law have gradually been received,
recognized and appreciated. Regarding legislative principles, from the prism of
natural law, researchers believed that the task of the rule of law state is to protect the
natural rights of citizens, the rights given by the Creator from abuse of power of
public authorities. Man-made legal norms must avoid conflict with natural law
because in every conflict, natural law always wins in the end. Regarding innovation
in legislative thinking, researchers believe that natural legal thinking requires
understanding that legislation is only a procedure for determining universal, natural
rules of society, not a live right to make rules. Law only has power over society when
it reflects human natural rights.
Thus, it can be said that the requirement to build a socialist rule of law state in
Vietnam has created the necessary conditions for the research and application of
natural law, first of all serving the process of completing the law system of Vietnam.
2. Natural law in the process of building the Vietnamese socialist rule of law state:
The innovation process from 1986 to present has created maturity in democratic
awareness and capacity, creating enough conditions for building a socialist rule of
law state in Vietnam. However, applying the ideology of the rule of law state to build
the Vietnamese state is a process of struggle between old perceptions and new
perceptions during nearly 20 years of national innovation. Because we are in the
process of exploring and experimenting, the theory of building a socialist rule of law
state of the people, by the people, and for the people has only stopped at a system of
viewpoints, principles and directions, without yet having the necessary information.
Clear conclusions about the criteria of a strong socialist rule of law state. This is also
a prominent limitation in the theory of building and innovating socio-political
regimes in the period of industrialization and modernization in Vietnam.
Vietnam is a country with a socialist legal system based on Maxist doctrines.
However, in history, Maxist doctrine maintained a rather distant attitude from natural
law. In its doctrine, the socialist legal system affirms the existence of only one written
legal system. Obviously, applying the entire doctrine of natural law in countries with
socialist legal systems is inappropriate, and even applying natural law can weaken this legal system.
In history, countries with previous socialist legal systems did not accept the existence
of natural law in their legal systems. In the former Soviet Union, natural justice
included two main principles: no one has the right to judge their own case and both
litigants are allowed to question, and no one is convicted without trial has been
accepted and has become the basic principles in the trial process. Regarding natural
law, the Soviet Union only received some general principles and put them into written
law, for example, the doctrine of the social contract is accepted in constitutional law.
As for the remaining unacceptable elements of natural law, if incompatible with
written law, written law prevails. The above analysis shows us that if Vietnam accepts
natural law, it will lead to conflicts in legislative philosophy, specifically the issue of
handling the relationship with natural law.
Our Party's platform for building the country during the transition period to socialism
(supplemented and developed in 2011) affirmed that people are the center of the
development strategy and at the same time the subject of development. Respect and
protect human rights, associate human rights with the rights and interests of the
nation, the country and the people's right to mastery. The doctrine of natural law is a
doctrine that contains profound human values and has a profound influence on human
civilization, especially in important areas of social life such as politics, law, human
rights, ethics and religion. In the context that Vietnam is promoting deep integration
with countries around the world, researching, selecting and adopting a number of
appropriate attributes of natural law serves to perfect the legal system, meet the
requirements of building a socialist rule of law state and protect human rights and
citizens rights is extremely necessary. However, the process of absorbing a foreign
element into a local legal system, especially in countries in transition, requires careful
and comprehensive research and investment. In fact, natural law has found a place in
legal science and gradually asserted its influence in the process of Vietnam promoting
the building of a socialist rule of law state and integration with other countries in the world. CONCLUSION
To summarize, the natural law theory is stated to have existed without even the
requirement of human understanding or any kind of political order or legislature. To
be explained further, natural law incorporates the idea that humans understand the
difference between “right” and “wrong” inherently. Essentially, it concludes that
human beings are not taught natural law; they initiate it by making good and right
decisions. Therefore, it is said to be discoverable through the exercise of reason. The
theory of natural law was known to the ancient Greeks but then elaborated by many
philosophers. Many difficulties and concerns have surrounded natural law theory. For
example, some believe that natural law theory is too simple as a concept and that it
breaks down in complicated scenarios.
Throughout centuries, natural law theory has been expanded on, critiqued, and
applied to philosophy theory and even existing legal and political structures. It is
important to underline that natural law is not to be confused with positive law as it
does not involve any kind of judicial decisions or legislative enactments. Natural law
highlights human behavior involving ethical standards and ways of being inherent.
On the other hand, positive law involves human-made law that incorporates rules that
can be applied to specific actions at certain times or places. LIST OF REFERENCES
1. https://helpfulprofessor.com/natural-law-examples/
2. https://corporatefinanceinstitute.com/resources/esg/natural-law/
3. https://www.investopedia.com/terms/n/natural-law.asp
4. https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao doi.aspx? ItemID=1489#_ftnref8
5. http://lapphap.vn/Pages/tintuc/tinchitiet.aspx?tintucid=207860
6. Introduction%20to%20Law%20and%20the%20Legal%20System %20,%20Tenth%20Edition
7. https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao-doi.aspx?ItemID=1489
8. https://www.qcc.cuny.edu/socialSciences/ppecorino/ETHICS_TEXT/
Chapter_7_Deontological_Theories_Natural_Law/ Problems_with_Natural_Law.htm