Sidel examines the struggle to build a rule of law in Vietnam.

This book is a unique analysis of the struggle to build a rule of law in one of the world's most dynamic and vibrant nations - a socialist state that is seeking to build a market economy while struggling to pursue an ethos of social equality and opportunity. It addresses constitutional change, the assertion of constitutional claims by citizens, the formation of a strong civil society and non-profit sector, the emergence of economic law and the battles over who is benefited by the economic regulation, labor law and the protection of migrant and export labor, the rise of lawyers and public interest law, and other key topics. Alongside other countries, comparisons are made to parallel developments in another transforming socialist state, the People's Republic of China.

Familial Properties is the first full-length history of Vietnamese gender relations in the precolonial period. Author Nhung Tuyet Tran shows how, despite the bias in law and practice of a patrilineal society based on primogeniture, some women were able to manipulate the system to their own advantage. Women succeeded in taking pragmatic advantage of socioeconomic turmoil during a time of war and chaos to acquire wealth and, to some extent, control what happened to their property. Drawing from legal, literary, and religious sources written in the demotic script, classical Chinese, and European languages, Tran argues that beginning in the fifteenth century, state and local communities produced laws and morality codes limiting women’s participation in social life. Then in the seventeenth and eighteenth centuries, economic and political turmoil led the three competing states—the Mac, Trinh, and Nguyen—to increase their military service demands, producing labor shortages in the fields and markets of the countryside. Women filled the vacuum left by their brothers, husbands, and fathers, and as they worked the lands and tended the markets, they accumulated monetary capital. To protect that capital, they circumvented local practice and state law guaranteeing patrilineal inheritance rights by soliciting the cooperation of male leaders. In exchange for monetary and landed donations to the local community, these women were elected to become spiritual patrons of the community whose souls would be forever preserved by collective offering. By tracing how the women, local leaders, and court elites negotiated gender models to demarcate their authority, Tran demonstrates that despite the Confucian ethos of the times, survival strategies were able to subvert gender norms and create new cultural models. Gender, thus, as a signifier of power relations, was central to the relationship between state and local communities in early modern Vietnam. Rich and detailed in its use of documentary evidence from a range of archives, this work will be of great interest to scholars of Southeast Asian history and the comparative study of gender.

The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.

Why do some people invoke the law (or resist it) as a way to solve their problems and achieve more stability in life, only to end up in another challenging and uncertain situation? This book offers an original understanding of the important, but understudied, paradoxical effects of law on the survival strategies of Vietnamese people who are caught to live and work in precarious circumstances. It demonstrates how precarity influences the way people perceive, engage with, or resist the law; yet law, at the same time, creates and reinforces such a condition. Understanding the mutually reinforcing relationship between law and precarity sheds a new light on the way law enables individuals to better their condition but ultimately makes matters worse rather than better. This book will be of interest to researchers and students of law and society, political economy, anthropology, and Asian studies.

This book is the result of the first interdisciplinary conference in Vietnam which took place on "the Rule of Law." Instead of beginning immediately with a highly specialized debate from the perspective of one single academic discipline, we started to discuss numerous facets of the subject arising from a multidisciplinary dialogue. For this reason, the contributions for this publication come from various scientific disciplines in Vietnam and Germany: political, historical, social, economic and legal sciences, but also members of Vietnamese governmental and non-governmental organizations. The aim of the volume is to open up a dialogue about the Rule of Law between two very different legal cultures, the German-European and the Vietnamese-Southeast Asian.