Volume 07 Issue 03 March 2024
1Vo Hang Nguyen,2Pham Ho Anh Tu
1,2National Academy of Public Administration, Vietnam
DOI : https://doi.org/10.47191/ijsshr/v7-i03-92Google Scholar Download Pdf
ABSTRACT
Originating in the mid-15th century, the “Quoc Trieu Hinh Luat” legal law stands out for its remarkable value and achievements, featuring progressive attributes that surpass both preceding and succeeding legal laws. Throughout the extended period of Vietnamese subjugation by the North, the population endured significant influences from Chinese culture, operating within a feudal system that recognized the dominance of males over females. And Confucianism promoted a patriarchal system, a society where men have ultimate authority within the family unit and community. While the “Quoc Trieu Hinh Luat” could not entirely break free from this prevailing context, it introduced certain privileges for Vietnamese women that were absent in the contemporary Chinese setting. This article focuses on highlighted provisions safeguarding the dignity and rights of women in a society traditionally biased towards male superiority. Key aspects include right to decline marriage, the autonomy for women to enter voluntary marriages, the wife’s right to unilaterally leave her husband, and the right to divorce. Additionally, the “Quoc Trieu Hinh Luat” imposes stringent penalties for offenses against the physical and mental well-being of women. In some instances, female offenders receive relatively lenient punishments compared to their male counterparts. The primary aim of this article is to contribute to scholarly discussions on women’s rights within the socio-cultural milieu of the Le Dynasty’s “Quoc Trieu Hinh Luat”.
KEYWORDS:Woman’s rights, Human rights, Le Dynasty, Le Dynasty’s “Quoc Trieu Hinh Luat”, Hong Duc law, The National Criminal Court Law, The Criminal Law of Le Dynasty, Le Thanh Tong
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