National Dynasty Penal Code – Humanistic and progressive values and inheritance in the current conditions of building a rule of law state

philosophy, education, law, etc.). Culture is a historical phenomenon, because it has a specific birth, existence and development and depends on the replacement of economic and social forms. Therefore, it is impossible to put all material and spiritual values, meaning culture created by humans, into the category of "humanities", but only cultural values that directly belong to the way of thinking, behavior, and communication between individuals, between communities, between cultures, or in other words, culture in human social relationships, cultural exchanges with strong human characteristics belong to the category of "humanities".

- Regarding "humanism" (人文主义) is only "the trend of thought and

Renaissance culture in Europe aimed to liberate the individual from the spiritual oppression of feudalism, scholasticism and the church" [97, p.177] and it is basically understood as humanism. In addition, humanism is also understood as a system of philosophical - ethical, political - social and legal views that considers humans as the center of all worldly activities. It explains the causes of human misery, sin, depravity... and proposes methods to solve those phenomena, so that people can live better and better right in this world.

With the above understandings, the concept of humanism has a very broad connotation and is also equated with the concept of "humanity". In the history of feudal ideology in our country, there has never been a trend of humanist ideology and there has never been a debate about the connotation of the concept of humanism and humanity. Our ancestors often used the words humaneness, humanity, and righteousness... to express the connotation of humanity. The success of the August Revolution in 1945 opened a new era for the nation - the Ho Chi Minh era with

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Humanistic thought liberates people, liberates the nation, liberates society, our country has just formed the viewpoint of Ho Chi Minh's humanistic thought. It has shown that humanism has a comprehensive view of humanism or humanism and it is a concept to indicate the common spiritual value of humanity, it includes a system of viewpoints, theories about people, respect for human dignity, love, trust in human ability and strength. People are always free, have the right to pursue happiness for themselves, society respects and guarantees that right by law.

Humanistic thought has appeared for a long time in human life, but humanism was only formed when the feudal regime entered a period of decline and capitalism appeared. And right from its appearance, humanism was associated with the formation and development of capitalism and was used to refer to the ideological trend and the unique features of the Renaissance culture in Europe with the aim of liberating people in general and liberating the working people in particular from the spiritual oppression of the feudal monarchy, scholasticism and the church. Renaissance humanism made great progress compared to the feudal period, however, this ideological trend only stopped at propagating human rights and fighting for the liberation of individuals in terms of ideology and spirit, not mentioning the comprehensive liberation of people in the reality of social life. In particular, since its inception until now, bourgeois humanism has always affirmed the absolutization of individual values (individual rights), typically the right to freedom and the right to private property. The premise for the birth of scientific socialism later, the humanism of utopian socialism in the pre-Marxist period mentioned humanity in the form of the desire to build a fair society in the future without basing it on social practice, so the humanism of utopian socialism is completely

completely alien to social reality and has no theoretical basis for practical construction. Humanism also refers to human liberation, but "considers humans primarily as biological entities, explaining the phenomena of social life by the attributes and needs of individual humans, not based on the historical laws of social development" [97, p.177], therefore, humans are very general, abstract, separated from real life, humans are absolutized biologically and denied the social aspect. Buddhism, with its profound humanistic spirit based on the argument that "Buddha and all living beings are of the same body", has formed Buddhist humanism with a humanity so widespread that it is classless and ahistorical; love in life is not only between people but also between all members of the living world. In contrast to the Buddhist view, humanism in Confucianism especially emphasizes the hierarchical nature of people in real life. Humanism in the view of Confucius is the direction of all political activities towards maintaining the hierarchical order to protect the stability of feudal society through the moral cultivation of all people, and especially emphasizes the leading role of the head of the country in bringing a peaceful life to all people... The humanistic value of the above humanistic ideological trends has been and is continuing to be affirmed in the reality of human life, however, objectively assessing, the worldview of these thinkers has not yet gone beyond the limitations of history with objective conditions that have determined the thinking process of the society that produced that theory. At a certain historical point, it becomes a barrier to human development.

On the basis of removing the limitations, filtering and inheriting the true values of humanistic theories of humanity, humanism

Socialism was born and always firmly adhered to the working class position to completely liberate people (the vast masses of working people) from oppression, exploitation, and injustice in society. Accordingly, socialist humanism does not only stop at love, respect for people, defending freedom and human dignity, but also requires the construction of a socialist legal system to protect class interests, prevent and eliminate oppression, injustice, inequality, exploitation of people by people... In a socialist society, all state activities are for people, taking care of education, fostering comprehensive human development in both physical and mental strength and aiming at universal human values of truth, goodness, and beauty. The difference between socialist humanism and previously existing humanism is the affirmation that the most genuine revolutionary path is to liberate all humanity from oppression, injustice, and exploitation of man by man right in this world.

In socialism, the concept of humanism once again shows that humanism is one of the attributes of culture, it is expressed through thinking activities, behavior, communication in social relationships of people, building and developing comprehensive human beings, at the same time aiming to promote the highest central role of human beings and the driving force of social development for human beings. Thus, socialist humanism is the respect and protection of basic human rights by the legal system of the socialist state so that everyone can enjoy a prosperous, free and happy life.

In fact, human history has proven that human values do not come naturally, they originate from the need to satisfy material and spiritual conditions of people in daily life. However, at different stages of development of human society as well as in different cultures, the criteria and scale of human values also have different characteristics to satisfy material and spiritual needs.

spirit of man at that historical moment, of that culture. Based on the stance of Marxism-Leninism, human values only truly become essential needs and requirements when human society gives rise to classes, the state is born, and the domination of one class over another through legal instruments is for no other purpose than to maintain the exploitation of products formed from human labor; ideological enslavement is also only to ensure the long-term and stable process of economic exploitation. The needs and demands of humanity for humanity in the daily life of the community are especially valued and become increasingly urgent when the ruling class in society not only knows how to use but also takes advantage of the achievements of human civilization that have been achieved in the process of labor production, observation and study of the surrounding world to explain the phenomena arising in society in order to justify the process of domination of its class as correct, reasonable and it exists eternally, unchangeably. The achievements of human civilization in the natural and social fields such as philosophy, literature, art, religion, belief, law, science, etc. have been quickly absorbed by the ruling class and have been carefully selected for beneficial elements that can represent and consolidate more firmly the interests and position of the ruling class. Through selective absorption and actual political power, through legal instruments, the ruling class has promoted the necessary and beneficial achievements of civilization for its class into a system of orthodox political views and ideologies as a legitimate and reasonable support for the presence, existence and eternal development of the ruling class in order to further enslave the spirit and body of the exploited class. Also through this activity, the ruling class has promoted the consolidation and perfection of the government apparatus and continuously promulgated laws to further strengthen the ability to use violence to suppress all resistance of the class.

the ruled class, ensuring the long-term stability of the economic exploitation process and the absolute submission of the whole society to the ruling class.

Linguistically, the concepts of “humanity” and “humanitarianism” have some overlap but do not have the same meaning. The biggest similarity between these concepts is that they are for people and share with people. It can be seen that:

- “Humanism” and “humanism” believe that humans are living beings, not superhumans, so they need to live according to the true values that nature has bestowed upon them. Here, the human body is absolutized.

- “Humanity” or “humanism” is a system of human ethical concepts expressed in love, respect, protection of people and sharing the real misfortunes, pain, and losses of people. Here, the standard of goodness in human ethics is established.

- “Humanism” or “humanism” raises the spirit that people need to live true to themselves, live meaningfully and more than that, live beautifully to be worthy of human life. We must pursue happiness and move towards eliminating oppression and injustice for people.

Thus, humanism always includes universal values of humanity, contains ethical and intellectual views about human beings, in which it always exalts human beings with love and respect for human beings, cherishes human dignity and believes in the strength and role of human beings, and at the same time always expresses the desire to liberate people from oppression, injustice and suffering in real life, and in which it includes both humanism and humanity. This concept holds a dominant position in the entire thesis on humanism.

Due to the limitations of historical, political and social conditions of each country and nation in space and time, the satisfaction of material needs and

The spirit of the people is also very different, while the humanistic ideology is a matter of concern for people with the noble notion that people are the flowers of the earth , people are the center of all times or people are the center of all political activities ... Such perception but in reality, the legal status of each class and stratum in society always has a difference between the rulers - the ruled; the rich - the poor... That difference is clearly shown through the political - legal viewpoint in the legal system of each country. The class that holds power has the highest position and interests and is recognized and protected by law. Therefore, different classes have very different viewpoints in solving human issues and the laws enacted to regulate human issues are also different. Depending on the progress of each class, especially the ruling class, the viewpoint on solving human problems expressed through law will have a direct and decisive influence on the general development of the whole society and regulate the humanity of that ruling class. The viewpoint on solving human problems that is humane - progressive, the ruling class will build a legal system that always focuses on people. That creates a stable society with great consensus, limiting the limitations and conflicts that risk causing social instability.

At this point, to achieve the proposed research objectives, the thesis needs to clarify the concepts of "progress" and "progressive values" to gain a deeper understanding of humanities, although the concept of humanities already includes progress and progressive values.

- In English, progress is written as Progress - progress, development, originating from the Latin word Progressus meaning moving forward, is a type, a development trend characterized by a transition from low to high, from less perfect to more perfect...

- In Chinese, progress is written as进步, read as jìnbù with the literal meaning

step forward and contains the meaning of development, progress. Opposite

with it is退步tùibù which means to retreat (step back) and implies regression,

not developed

- In Vietnamese, progress is understood as "development in an upward direction, better than before; in line with the development trend of history and the times" [97, p.986].

The term progress is usually understood as progress in society, of society, belonging to society. Society always moves forward in the direction of going from low to high, from less perfect to more perfect and becoming perfect... and this process is always expressed by the term development. The term development is usually understood as the process of progress, the progress that society has achieved from awareness in all aspects of social life or it can also be in a specific field. In the legal field, the term progress is understood as the development in terms of law with specific achievements in terms of content as well as the form of expression of law in a certain era that is more developed, more perfect than the law that existed before, at the same time, even the law that appeared later. However, not all developments in society are progressive. There are many cases that are widely recognized as developments and may even be considered as outstanding developments, but they contain anti-progressive, anti-humanistic characteristics and are strongly condemned by the community. In most different conceptions of the term progress, it is shown that: progress is only a certain level of development of society at the time it appears - so progress is to indicate a high level of development in society. For that reason, it is impossible to require progress in different aspects of social life to be measured by a certain system of standards and norms. Depending on each specific field and also depending on the level of development and cultural differences of each community, each ethnic group, each country, the criteria for progress will also be different. The same goes for law, it is impossible to take the legal criteria of this country or ethnic group to impose on others.

National Dynasty Penal Code – Humanistic and progressive values and inheritance in the current conditions of building a rule of law state - 7

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