This document outlines different topics related to theories of states and law, including:
1. The origin of states and law, examining Marxist-Leninist theories that states emerged as a result of class divisions in society.
2. The styles, forms, and functions of states and law in different periods of history and political systems like capitalist and socialist countries.
3. How states and law developed and functioned differently in capitalist versus socialist countries, using Vietnam as a case study to analyze its state and legal system.
The document provides an overview of key concepts and frameworks for understanding the emergence and role of states and law from a Marxist perspective. It aims to explain states' origins and essence as political organizations
1.2. Introduction to Law - Topic 1 - Part 1 - Origin of States.ppt.pdf
1. 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
1
2. 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
5. I/ Origin of States and law
5
1. Origin of States: Marxism and Leninism
Wh-questions
WHEN?
WHO?
WHY?
WHAT?
When did the state appear?
Who makes the state?
Why does the state appear?
What is the state?
6. I/ Origin of States and law
6
1. Origin of States: Marxism and Leninism
1. WHEN?
Primitive
community
Slave
Possession
Feudal
Period
Capitalist
Period
Socialist
Period
X X
✓ ✓ ✓
2. WHO?
Upper class Slave owners Land-owners Bougeoisie
3. WHY?
Class division X
Slave owners
Slaves
Land-owners
Farmers/
Peasants
Bougeoisie
Workers/
Proletariat
Private
ownership
The rich vs the poor
X X
✓ ✓ ✓ X
✓ ✓ ✓
WHAT
NEXT?
7. I/ Origin of States and law
7
1. Origin of States: Marxism and Leninism
Reasons for State Formation
Primitive community/ classless society
Class society
3 times of specializations
State
8. Homework of Session 1
Explain two more theories on States and Law
Criteria Marxism and
Leninism
Theory 1 (Name) Theory 2 (Name)
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!!!
9. 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
9
11. 11
Power to make
law
Legislative
power
Power to
administer law
Executive
power
Power to
enforce law
Judicial
power
Powers of a state
Legislature Executive Judiciary
National
Assembly
Parliament
Congress
National Diet
etc.
Government
Administration
Cabinet
etc.
Court
Prosecution
12. 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
13. 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
– How?
13
14. Essence of a State
Class-
conscious
face
Social face
Tax
imposition
and collection
Provision of
subsidies/grants
to the poor Dissemination
of favourable
thoughts/philos
ophies/theories
Support for
certain
religions
Dominance of
the ruling
class in the
ruling party
Suppression
over political
demonstrations/
opponents
Provision
of
free/low-
cost social
insurance,
utilities
15. 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