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CSLS Visiting Scholars Speaker Series – TRANG (MAE) NGUYEN & LIJUN ZOU
Friday, April 6, 2018 @ 2:00 pm - 3:30 pm
CSLS Visiting Scholars Speaker Series
TRANG (MAE) NGUYEN
New York University
“From Fragmentation to Partial Cohesion:
Vietnam’s Developing Legal Profession”
How does a historically fragmented legal profession move towards a cohesive professional identity? This paper studies the evolution of Vietnamese lawyers, tracing their fragmented colonial roots to an “awakening moment” propelled by a recent change in the penal law. By criminalizing lawyers’ failure to report on clients’ incriminating information, the new law threatened the bedrock principle of attorney-client privilege and prompted vigorous protests from lawyers, scholars, and other legal actors. Drawing on legal documents, advocacy materials, interviews, media reports, and online discussions, this paper analyzes efforts by lawyers and bar associations to mobilize against the new law. It demonstrates that while Vietnamese lawyers failed to defeat the law, their awareness of their own weak position united the legal profession and strengthened their professional identity.
“China’s Contemporary Judicial Policy ‘Paradigm’:
Taking the Red Detachment of Women Copyright Case as an Example”
This study of the shifts in China’s judicial policy “paradigm” is intended to provide a “map” to guide people’s retrospective and prospective exploration of our judicial reform “journey”. Taking the “Red Detachment of Women” copyright case as the clue, and based on the concept of “social learning” of the national theory of public policy and the concept of “paradigm” of Thomas Kuhn, this article analyzes the fundamental guiding principles of Chinese justice or general judicial policy, and then summarizes several distinctive policy paradigm stages, which Chinese justice has experienced (and probably will continue to experience). The first stage is “the class struggle policy paradigm or consensus policy paradigm” from 1949 (the founding of P. R. China) to 1978 (before the reform and opening up); the second stage is “the rule-oriented policy paradigm” from 1978 to 2012 (before the concept “rule of law in China” been put forward by the Eighteenth National Congress of the CPC); the third stage is “the post-rule/principle-oriented policy paradigm” from the Eighteenth National Congress of the CPC until today. It concludes that correctly clarifying the connotation of the “affinity to the people” in the administration of justice and maintaining balance with the “legitimacy” of the administration of justice will be key to transformative judicial reform.
Beverages and light refreshments provided.
Jonathan Simon, FACULTY DIRECTOR I Rosann Greenspan, EXECUTIVE DIRECTOR
Events are wheelchair accessible. For disability-related accommodations, contact the organizer of the event. Advance notice is kindly requested.
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