Bài Tập Nhóm Môn Học Tiếng Anh Pháp Lý.pdf

lOMoARcPSD|38362288 MINISTRY OF JUSTICE HANOI LAW UNIVERSITY GROUP ASSIGNMENT SUBJECT: BASIC LEGAL ENGLISH TOPIC: NATURAL LAW GROUP : 01 CLASS : N0 Hà Nội, 2023 Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW 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: … Ngành: Luật Thương mại quốc tế Khoá: 48 Bài tập: Bài tập nhóm Mơn học: Tiếng Anh pháp lý Xác định mức độ tham gia kết tham gia sinh viên việc thực tập nhóm 01 với kết sau: ĐÁNH GIÁ ĐÁNH GIÁ CỦA GV CỦA SV ST MÃ HỌ VÀ TÊN SV KÝ T SV ABC TÊN ĐIỂM ĐIỂM GV (số) (Chữ) (Ký tên) 482649 Nguyễn Hạnh x Nguyên 482651 Nguyễn Yến Nhi x 482652 Đặng Nhung Nhung x 482653 Đàm Hà Phương x Kết điểm viết: Hà Nội, ngày … tháng … năm 20… - Giáo viên chấm thứ nhất:.…………… NHÓM TRƯỞNG - Giáo viên chấm thứ hai:.……………… Kết điểm thuyết trình:…………… - Giáo viên cho thuyết trình:…………… Điểm kết luận cuối cùng:……………… - Giáo viên đánh giá cuối cùng:………… Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW TABLE OF CONTENTS INTRODUCTION .3 CONTENT I.What is Natural Law? 1.Definition 2.The nature of the Natural Law .4 3.History and development of the Natural Law 4.Classify 5.What are some flaws in Natural Law Theory II.Examples of Natural Law? .7 1.Natural law in systems of government 2.Right to acquire property Right toliberty 4.Parental duties 5.Pursuit of happiness .8 III.Natural Law in Vietnam 1.Natural law in perception in Vietnam Natural law in practice in Vietnam 10 CONCLUSION 11 LIST OF REFERENCES .12 Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW INTRODUCTION Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW CONTENT I/ WHAT IS NATURAL LAW? 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 That is why 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 The nature of the Natural Law school: 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 humans 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 the person what action or any form of action is right, just and just 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 laws that are especially good for humans such as self-preservation, 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 was never a legal doctrine but was actually an ethical or moral doctrine, or perhaps had the task of bridging 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 understood to mean in accordance with reason, is right, belongs to reason Natural law, understood as Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW 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 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 God 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, in the light of 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 can be said that natural law doctrine played a progressive 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 As Karl Marx commented, the natural law doctrine examines the state with human eyes, is a weapon to criticize the existing feudal law as contrary to human nature, bringing science to the state and the rule of law out from the tight embrace of religion by declaring feudalism to be unnatural and absurd, thereby creating the ideological foundation for later bourgeois revolutions 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 scientific understanding of natural law Entering the 20th century, natural law has truly revived strongly through many international events, often mentioned as pastor Martin Luther King cited 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, by 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 Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL 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 human nature They are therefore universal, applicable to all people at all times, they can be perceived by ordinary rational means Classify: Based 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 people in the light of reason It is reason and reason 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 met, 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 international public law on the basis of natural law Hugo Grotius believes 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 anything to destroy their lives Accordingly, natural law must be applied by society to protect human life c Procedural natural law: - Represented by Lon Fuller (1902-1978), according to him, the law must contain internal moral elements, hidden ethics, and laws must ensure procedural fairness to be effective qualifications 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, non-retroactivity, 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, these regulations not meet all the elements to become law Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW What are some flaws in Natural Law Theory? Since natural law assumes universalizing rules, it does not account for the fact that different people or different cultures may view the world differently For instance, if people interpret differently what it means for something to be fair or just, the results will differ In conclusion, Natural law is an ethical theory that claims that humans are born with a certain moral compass that guides behaviors These inherited rules essentially distinguish the "rights" and "wrongs" in life Under natural law, everyone is afforded the same rights, such as the right to live and the right to happiness Natural law is evident in and shapes many of our laws, business policies, and human rights agendas However, unlike these systems, its rules not change and are inherently assigned to everyone II/ EXAMPLES OF NATURAL LAW: 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 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.” 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 Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 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 of the Universal Declaration of Human Rights – “Everyone has the right to life, liberty, and security of person” 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 (d’Entreves, 2017; Jensen, 2015) 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 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 (Coyle, 2023) 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 Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW III/ NATURAL LAW IN VIETNAM: Natural law in perception 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" had given him Humanity: “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 life, the right to liberty 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 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 Dr Ngo Huy Cuong believes that the concept of the rule of law 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 rights natural human rights Therefore, natural law needs to be promoted and reflected in the Constitution Faced with the need to innovate legal thinking and promote a socialist rule of law state, the era of innovation from the 2010s to the expected year 2020 affirms the viewpoint of building and perfecting Vietnam's legal system must "start from Vietnamese practice, and at the same time selectively absorb international experience in building and organizing law enforcement; harmoniously combining cultural identity, fine traditions of the nation and the modernity of the legal system" The essence of the Natural Law Theory is harmoniously compatible with the national ideology and solidarity culture of the Vietnamese people, especially after the liberation of the nation after years of brutal struggle The country recovered and developed rapidly, solidarity, human spirit, and human rights were promoted more than ever Master of comparative law Nguyen Xuan Tung also commented: "In the context that Vietnam is promoting deep integration with countries around the world, research, selection and adoption of a number of appropriate attributes of Natural law serves to perfect the legal system, meets the requirements of building a socialist rule-of-law state, and protecting human rights and citizens' rights is extremely necessary." shows that the absorption and reception of the quintessence of natural law doctrine is a valuable foundation and legal source in the process of amending and Group 01 Page Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW perfecting the legal system in Vietnam, always keeping the focus on human rights people and the people 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 perfecting the legal system of Vietnam Natural law in practice in Vietnam: The innovation process from 1986 to present has created maturity in democratic awareness and capacity, creating ripe conditions for building a socialist rule-of-law state in Vietnam Our Party's platform for building the country during the transition period to socialism (Supplemented and developed in 2011) affirmed: "People are the center of the development strategy, and at the same time the subject of development." 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 and law law, human rights, ethics and religion In fact, natural law has gradually found an important position in the world's legal science and has gradually affirmed the doctrine's influence on Vietnam in the context that Vietnam is promoting housing construction socialist rule of law country and integration with countries around the world Group 01 Page 10 Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW CONCLUSION Patent laws have more strengths compared to weaknesses depending on the issue involved in the discussion Through patenting, the innovators and the inventors are not only recognized as payback on the capital invested However, the patent only lasts for a short period of time, which in some cases is disadvantageous to products with weak marketing such as orphan drugs Nevertheless, government intervention has seen developers reap high profits for their ideas, and products over a given period The weakness of patents is a limitation on research where they restrict the third parties from using the original product or idea to develop new products thus slowing research and improvements of existing ones Hence, caution is necessary to ensure that patenting does not give rise to monopolies, which would discourage competition at the expense of the consumers Understanding the US’ intellectual property rights in general and patents in particular help us to have an objective, in-depth and more accurate view of today’s related problems, the advantages that they made and disadvantages that need to be overcome Moreover, that is also possible to create more opportunities for individuals and enterprises to be more creative, promote intellectual product development and strengthen international integration Group 01 Page 11 Downloaded by chat tailieu (chattailieu@gmail.com) lOMoARcPSD|38362288 NATURAL LAW LIST OF REFERENCES https://helpfulprofessor.com/natural-law-examples/ https://corporatefinanceinstitute.com/resources/esg/natural-law/ https://www.investopedia.com/terms/n/natural-law.asp https://moj.gov.vn/qt/tintuc/Pages/nghien-cuu-trao doi.aspx? ItemID=1489#_ftnref8 http://lapphap.vn/Pages/tintuc/tinchitiet.aspx?tintucid=207860 file:///C:/Users/Admin/Documents/Zalo%20Received%20Files/ Introduction%20to%20Law%20and%20the%20Legal%20System %20,%20Tenth%20Edition Group 01 Page 12 Downloaded by chat tailieu (chattailieu@gmail.com)