The PhD thesis in Philosophy:

“DIALECTICS OF TRADITION AND MODERNITY IN THE PROCESS OF ESTABLISHING A VIETNAMESE CULTURE WHICH IS ADVANCED AND PROFOUNDLY  IMBUED WITH NATIONAL IDENTITIES”

 1. THE BRIEF CONTENTS OF THE THESIS: (abstract)

      1.1. In the innovation of country initiated and leaded by Communist Party of Vietnam, along with speeding up industrialization and moedernization to change our country into a “wealth, powerful, equal, democratic and civilized country”, our Party, State and People have an extremely important mission is building and developing jurisdical State of Socialist Vietnam firmly and powerfully, and becoming foundation for stability and development of our country. The research and acceptation of quintessent thoughts with selection and criticism on State and Law in the history of human thought, within it, the legalist thought of legalism in ancient China is extremely necessary.

      1.2. The Spring and Autumn – Warring States period was the time when Chinese society experienced greatly historical transformations marked the decline of the slavery and embryo of feudal system with centralization of power. To meet requirements of contemporary history, Confucianism advocated “rule of virtue”, Taoism - doctrine of “non-action” (wu-wei), Mohism - “equally fraternal to everyone”, but Legalism advocated “rule by law”. The thoeretic premise from ruling by law of Legalism was doctrine of “Tao”, “Virtue”, it was in the tradition of Chinese philosophy in general and of Taoist philosophy in particular. The Historical and social premise of Legalism was viewpoint on historical evolution; the moral premise of Legalism initiated by Xun Zi was doctrine of non-human nature, and then Han Fei-tzu vividly explained and applied it in his doctrine.

      1.3. Thought of the penal code appeared in the ancient China, it was started from Western Chou and reached to its top by Han Fei-tzu (280 – 233 BC) in the Warring States period. He collected and classified three viewpoints on “legislation”, “position”, “art” from three other legalist schools into a systematic doctrine on the basis of “Tao” of Taoism, “rectification of names” and “superior person” of Confucianism. Among them, “legislation” was content and goal of ruling policy, while “position” and “art” were means and forms to manifest that policy. In essence, Legalism was representation of new aristocracy to enslave the working masses, “harsh purnishment and little rewards”.

      1.4. Although the legalist thought of Legalism had fixed limits, if we overlook that limits due to historical conditions and the interests of the class, it still had meanings and usefully historical lessons to the career of the building jurisdical State of socialist Vietnam today. Those meanings and historical lessons is the spirit of abiding by the law, of law-transforming thought, strictness and clearance in enforcing the law, moreover, it is also the policy of training and using humans in apparatus of State.

       2. THE NEW RESULTS IN THE THESIS

      2.1. On the basis of explaining historical-social and theoretical premise on the legalist thought of Legalism, the thesis points out that the appearance of Legalism was objective neccessity.

      2.2. The thesis is systematically presented the content in the legalist thought of Legalism on the basis of analizing philosophical categories of politics, that is, “legislation”, “position”, “art” in an organic whole unification like content and form, purpose and means.

      2.3. It is appreciated and drawn from the thesis the historical lessons through the legalist thought of Legalism to the process of building jurisdical State of socialist Vietnam.

      3. THE APPLIED ABILITY FROM THE THESIS

      3.1. The thesis has a part in heightening our awareness of role, meanings of laws in building and developing society through presentation, analysis, evaluation, and drawn lessons from legalist thought of Legalism.

      3.2. This thesis can be used for reference from students, persons doing philosophical, political, jurisprudent, master’s degree…

            3.3. The petitions of the thesis can have a part in application of the process of building and improving on jurisdical State of socialist Vietnam.