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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 develops an understanding of workplace justice and labour rights in Vietnam from factory workers’ voices and their resistance against abuse and exploitation. Through interviews with workers and a close analysis of their letters and petitions to the unions and state authorities, Nguyen illuminates how workers’ resistance is enabled and stifled by the legal and political systems that are supposed to protect their rights and benefits. Their calls for justice reflect socialist ideology and widely held norms within society, as well as ideals and values embedded in labour law. The book demonstrates how state law brings about social change through shaping workers’ expectations and increasing consciousness of rights and justice. This book will be of interest to scholars of law, politics and society, and scholars, students and practitioners interested in labour rights in developing countries.
The first reader on Asian law and society scholarship, this book features reading selections from a wide range of Asian countries – East, South, Southeast and Central Asia – along with original commentaries by the three editors on the theoretical debates and research methods pertinent to the discipline. Organized by themes and topical areas, the reader enables scholars and students to break out of country-specific silos to make theoretical connections across national borders. It meets a growing demand for law and society materials in institutions and universities in Asia and around the world. It is written at a level accessible to advanced undergraduate students and graduate students as well as experienced researchers, and serves as a valuable teaching tool for courses focused on Asian law and society in law schools, area studies, history, religion, and social science fields such as sociology, anthropology, politics, government, and criminal justice.
Chapter 35: What to do Tang Dong pressed the phone, then held it up in front of Hac Giai Phong. On the screen were three words: "Despicable thing." Hac Giai Phong laughed and said: "You can do nothing but this. You are still far behind that little monk, I'm assured." Tang Dong did not answer. Tang Du noticed that while Muc Dung was writing the scriptures, the window on the sixteenth floor suddenly opened, the woman stuck her head out, then quickly retracted it. She took out the mine she saw and said: "That room on the sixteenth floor must have been a female ghost." Muc Dung put back her brush, looked at her work, and breathed a sigh of relief: "The female ghost won't be able to run away."
Out of Place tells a new history of the field of law and society through the experiences and fieldwork of successful writers from populations that academia has historically marginalized. Encouraging collective and transparent self-reflection on positionality, the volume features scholars from around the world who share how their out-of-place positionalities influenced their research questions, data collection, analysis, and writing in law and society. From China to Colombia, India to Indonesia, Singapore to South Africa, and the United Kingdom to the United States, these experts record how they conducted their fieldwork, how their privileges and disadvantages impacted their training and research, and what they learned about the law in the process. As the global field of law and society becomes more diverse and an interest in identity grows, Out of Place is a call to embrace the power of positionality. This title is also available as Open Access on Cambridge Core.
Since 1990 public political criticism has evolved into a prominent feature of Vietnam's political landscape. So argues Benedict Kerkvliet in his analysis of Communist Party–ruled Vietnam. Speaking Out in Vietnam assesses the rise and diversity of these public displays of disagreement, showing that it has morphed from family whispers to large-scale use of electronic media. In discussing how such criticism has become widespread over the last three decades, Kerkvliet focuses on four clusters of critics: factory workers demanding better wages and living standards; villagers demonstrating and petitioning against corruption and land confiscations; citizens opposing China's encroachment into Vietnam and criticizing China-Vietnam relations; and dissidents objecting to the party-state regime and pressing for democratization. He finds that public political criticism ranges from lambasting corrupt authorities to condemning repression of bloggers to protesting about working conditions. Speaking Out in Vietnam shows that although we may think that the party-state represses public criticism, in fact Vietnamese authorities often tolerate and respond positively to such public and open protests.
Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental ...
Offers an original understanding of the mutually reinforcing relationship between law and precarity in daily life in Vietnam.
In The Social Constitution, Whitney Taylor examines the conditions under which new constitutional rights become meaningful and institutionalized. Taylor introduces the concept of 'embedding' constitutional law to clarify how particular visions of law come to take root both socially and legally. Constitutional embedding can occur through legal mobilization, as citizens understand the law in their own way and make legal claims - or choose not to - on the basis of that understanding, and as judges decide whether and how to respond to legal claims. These interactions ultimately construct the content and strength of the constitutional order. Taylor draws on more than a year of fieldwork across Colombia and multiple sources of data, including semi-structured interviews, original surveys, legal documents, and participation observation. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
An interdisciplinary, mixed-method study examining Chinese companies' interactions with the US legal system.