Topic 1:

Theories of states and law

I/ Origin of States and Law
1. Origin of States
2. Origin of law
II/ Styles, Forms, Functions of States and
Law
1. Styles, Forms, Functions of States
2. Styles, Forms, Functions of Law

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 Topic 1:
Theories of states and law (cont.)
III/ States and Law in Capitalist Countries
IV/ State and Law in Socialist Countries
1. Vietnamese State
2. Law in Vietnam
3. Legal Norms
4. Legal Relations

2
Session 1: Origin of States
 Session Objectives
• Explain the origin of states
• Define states
• Understand the essence of states
 I/ Origin of States and law
1. Origin of States: Marxism and Leninism

Wh-questions
WHEN? When did the state appear?

WHO? Who makes the state?

WHY? Why does the state appear?

WHAT? What is the state?

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 I/ Origin of States and law
1. Origin of States: Marxism and Leninism

Primitive Slave Feudal Capitalist Socialist

community Possession Period Period Period WHAT
1. WHEN? X ✓ ✓ ✓ X NEXT?
2. WHO?
Upper class Slave owners Land-owners Bougeoisie

3. WHY?
Class division X ✓ ✓ ✓ X
Slave owners Land-owners Bougeoisie

Slaves Farmers/ Workers/

Peasants Proletariat
Private
ownership X ✓ ✓ ✓ X
The rich vs the poor 6
I/ Origin of States and law
1. Origin of States: Marxism and Leninism
Reasons for State Formation
Primitive community/ classless society

Class society State

3 times of specializations

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 Homework of Session 1
Explain two more theories on States and Law

Criteria Marxism and Theory 1 (Name) Theory 2 (Name)

Leninism
WHEN?
(state/law exists)
WHO?
(makes state/law)
WHY?
(state/law exists)
WHAT?
(state/law is …)
(essence is …)

Put your answers in a .ppt or .doc file to present to the class!!!

 What is a State?
• Special political organization
• Protecting the rights and interests of the
ruling classes
• Maintaining the stability of the society
• Having enforcement power

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 Individual Organization

Types

Political Econ. Educational Religious etc.

Org. Org. Org. Org.
Political Compani Schools Churches
E.g. Parties es/firms Uni.s Temples
States
Belief/
State $$$ Knowledge Creed
Objectives ruling/Sta Profit- Discovery/ Creation/Enforce
te making Transfer/ ment/Missionary
powers/ Dissemination tasks

Specialties Territory + People

Taxation
State powers
 Powers of a state

Legislative Executive Judicial

power power power

Power to make Power to Power to

law administer law enforce law

Legislature Executive Judiciary

National Government Court
Assembly Administration Prosecution
Parliament Cabinet
Congress etc.
National Diet
etc. 11
 States protect the rights and
interests of the ruling classes
- What?
- Politics
- Economy
- Social rights and interests (e.g.: religion,
culture, etc.)
- How?
- State bodies
- State powers
 Essence of a State
• Class- conscious face
– What? The oppression/suppression of the
ruling class over the ruled class
• Exercise: What is the class-conscious face of
states?
– In the slave possession period?
– In the feudal period?
– In the capitalist period?
– How? means of violence and non-violence
• Social face
– What? Taking care of rights and interests of
other classes
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– How?
 Essence of a State
Tax Provision of
imposition subsidies/grants
and collection to the poor Dissemination
Provision of favourable
of Class- thoughts/philos
free/low- Social face ophies/theories
cost social
conscious
insurance, face Support for
utilities Suppression Dominance of certain
over political the ruling religions
demonstrations/ class in the
opponents ruling party
 Homework
Create your own
mind-map for
today’s session!
(It works for you in
exams! :D)

• Prepare for the

next session:
Read the Course
book, pp. 2-5