Kim Them Do
Abstract
In the era of globalization and institutional transformation, both Western democracies and Vietnam face significant challenges in reforming legal frameworks to meet the demands of contemporary society. This article explores the multifaceted role of law as a foundational pillar for societal stability, personal freedom, social welfare, and cooperative integration. By examining key legal functions and contrasting democratic and authoritarian approaches, the paper highlights the importance of a transparent, accessible, and morally grounded legal system in fostering sustainable development.
Introduction
Globalization and institutional reform have compelled nations to reassess the role of law in shaping modern society. In both Western democracies and Vietnam, legal systems are undergoing transformation to address emerging social, political, and economic complexities. Law serves not only as a regulatory mechanism but also as a moral compass guiding societal behavior, protecting rights, and promoting development.
Law as a Pillar of National Defense and Social Order
One of the primary functions of law is to safeguard national sovereignty and maintain internal stability. This necessitates a robust legal framework that empowers the state to respond to external threats while curbing internal aggression. The state’s monopoly on legitimate force must be balanced by legal constraints that regulate interactions between the government and its citizens, as well as among individuals.
Law also plays a critical role in conflict resolution. A transparent and accessible procedural legal system – anchored in universal moral values – enables citizens to anticipate legal consequences and fosters a culture of compliance. Such predictability enhances the legitimacy and effectiveness of law enforcement.
Protection of Personal Freedoms
An effective rule-of-law state must guarantee the exercise of constitutional freedoms, including freedom of speech, religion, association, and property ownership. Since the nineteenth century, Western democracies have progressively expanded civil and political rights, reinforcing the principle that the state itself is subject to the law.
In contrast, authoritarian regimes often undermine human rights through arbitrary detention, torture, and unlawful expropriation. Democratic societies uphold the notion that all state actions must conform to legal standards, thereby ensuring accountability and protecting individual liberties.
However, the complexity of modern legal systems – often requiring specialized legal expertise – can hinder citizens‘ ability to fully exercise their rights. Simplifying legal procedures and enhancing legal literacy are essential steps toward empowering individuals.
Social Welfare and Legal Guarantees
Many Western constitutions enshrine the right to social welfare, encompassing employment insurance, healthcare, and retirement benefits. Nonetheless, implementing these policies presents fiscal challenges, particularly when tax revenues are constrained, and welfare misuse becomes prevalent.
Equitable distribution of welfare resources remains contentious. Budgetary austerity measures often provoke public resistance, reflecting the delicate balance between fiscal responsibility and social protection. Legal frameworks must evolve to ensure both efficiency and fairness in welfare administration.
Legal Cooperation and Integration
The spirit of cooperation within legal relationships is vital for minimizing disputes and enhancing enforcement. In civil law – such as contractual agreements – parties rely on mutual compliance to avoid litigation. In public law, investigative agencies depend on stakeholder collaboration to achieve just outcomes.
However, legal cooperation is frequently impeded by rigid frameworks and public apprehension regarding legal repercussions. Political agendas, economic interests, and influence from special interest groups further complicate cooperative efforts. While law cannot foresee every scenario, it must strive to facilitate constructive engagement.
Integration within the legal domain emerges from interactions among individuals and institutions operating harmoniously within legal boundaries. A cohesive legal culture fosters unity and strengthens the social fabric. Yet, law alone cannot drive inclusive development; it must be complemented by ethics, science, economics, and global trends such as digitalization.
Comparative Reflections on the West and Vietnam
The West: Institutional Erosion and the Imperative for Reform
For over fifteen centuries, Western civilization has occupied a central role in shaping global progress, benefiting from geographical advantages, temperate climate, and scientific innovation. However, in recent decades, the foundational pillars of Western society – parliamentary democracy, market economy, rule of law, and civil society – have shown signs of significant erosion. This institutional weakening stems from a confluence of factors, including prolonged economic recession, escalating public debt, demographic aging, and a rise in individualistic and self-serving social attitudes.
Parliamentary democracy, once grounded in a robust social contract between citizens and the state, now faces a legitimacy crisis. The rise of populism has disrupted traditional governance structures without offering sustainable solutions for justice or long-term stability. Similarly, the market economy has grown increasingly complex and opaque, undermining regulatory mechanisms and adversely affecting consumer welfare.
The rule of law, originally conceived as a safeguard for social justice, has become overly specialized and inaccessible. Legal processes are frequently manipulated by professionals, rendering justice prohibitively expensive and, for many, unattainable. Civil society, once a dynamic force for reform, now suffers from apathy and fragmentation, as interest groups exert disproportionate influence over political and legal institutions.
In this context, Western societies have expended considerable resources on reform initiatives that have largely stalled. The urgency for comprehensive institutional renewal is now more pressing than ever.
Vietnam: From Revolutionary Ideology to Legal Modernization
Vietnam’s legal development has been shaped by a complex historical trajectory. During the feudal era, the country lacked an autonomous legal system due to prolonged Chinese domination, with the notable exception of the Hong Duc Code – a rare indigenous legal achievement. Under French colonial rule, administrative division fragmented Vietnam’s legal landscape, impeding the formation of a unified legal identity.
Following the 1954 partition, the Communist Party in the North adopted a revolutionary ideology that viewed law as a bourgeois instrument to be dismantled. This ideological stance led to the closure of legal institutions, such as the Hanoi University School of Law, and fostered a prolonged period of legal vacuum until reunification in 1975.
In contrast, the Republic of Vietnam in the South pursued a legal system modeled on French democratic principles. However, the collapse of judicial independence and legal education ultimately undermined the separation of powers and the rule of law.
The post-Doi Moi era marked a turning point, as Vietnam embraced legal reform to attract foreign investment and facilitate international integration. The concept of a rule-of-law state was introduced within the framework of a socialist-oriented market economy. Despite notable improvements, the legal system continues to grapple with issues such as regulatory complexity, bureaucratic inefficiency, and pervasive corruption. These shortcomings erode public trust and encourage extralegal behavior, often through informal or illicit networks.
While the Party leadership has formally abandoned the doctrine of proletarian dictatorship and initiated legal reforms, these efforts remain constrained by the one-party system. Legislative and judicial institutions operate primarily under Party directives, limiting public participation and constitutional oversight. Consequently, citizens possess limited agency in shaping legal norms and hold only a fragile hope for meaningful reform.
Prospects for Legal Reform
Law constitutes the bedrock of a just, stable, and prosperous society. Yet both Western democracies and Vietnam face formidable challenges in revitalizing their legal systems. For the West, institutional restructuring is essential to restore public trust and democratic legitimacy. For Vietnam, the path forward requires greater transparency, administrative efficiency, and genuine civic engagement.
Legal reform must transcend governmental mandates and become a collective societal endeavor. The law cannot function as an isolated system; it must operate in concert with ethical principles, scientific advancements, economic realities, and cultural values. Only through such holistic integration can legal systems meet the demands of comprehensive and inclusive development.
Conclusion
The role of law in modern society is both foundational and dynamic. In Western democracies and Vietnam alike, legal systems must adapt to contemporary challenges while preserving core principles of justice, freedom, and cooperation. A transparent, accessible, and morally grounded legal framework is essential for fostering societal resilience and sustainable development in an increasingly interconnected world.
KIM THEM DO 