Top 6 Best Prewritten Essays on 'Establishing a Legal Department' (Literature 11)

Structure

Part 1 (from the beginning to 'it is the nation that kills'): The role and impact of law on society.

Part 2 (from the following to 'simple-minded?'): The relationship between law, Confucianism, literature, and the arts.

Part 3 (remaining portion): The connection between law and morality.

Lesson Content

The excerpt discusses the necessity of law in human life, illustrating Nguyễn Trường Tộ's devotion to the nation's legal framework.

Preparation Guide

Question 1 (page 73, Literature 11, Volume 1):

- Law encompasses various fields: discipline, authority, mandates, the Three Principles, and the Five Constants...

- The practice of law in Western countries:

+ The practice of law in Western nations is fair and just.

+ No one (even kings) stands above the law.

+ A society operates and develops through laws, relying on their foundation.

Question 2 (page 73, Literature 11, Volume 1):

- The author argues that kings, officials, and citizens must respect and adhere to the law.

- The author's stance is intended to foster societal fairness.

Question 3 (page 73, Literature 11, Volume 1):

According to Nguyễn Trường Tộ, traditional Confucianism is limited without a foundation of law.

Question 4 (page 73, Literature 11, Volume 1):

The relationship between ethics and law: Ethics is impartial and fair, and within the law, everything must be just and impartial. Therefore, abiding by the law is ethical.

Question 5 (page 73, Literature 11, Volume 1):

- Mentioning Confucius and concepts of ethics and literature serves to help thinkers understand the critical importance of law through the art of argumentation.

Answer to Question 1 (page 73, Literature 11, Volume 1):

- According to Nguyễn Trường Tộ, law encompasses areas such as discipline, authority, government mandates, and the Three Principles and Five Constants.

- The author introduces the practice of law in Western countries:

+ It is very fair, and even kings must obey the law.

+ There is a specific Ministry of Justice dedicated to ensuring the law is properly enforced.

+ Those in the Ministry of Justice who oversee legal cases can only be promoted, never demoted.

Answer to Question 2 (page 73, Literature 11, Volume 1):

Before the law, the author insists:

- The king should not interfere in judicial matters to show compassion and fairness.

- Officials should govern by law, and citizens must follow the law.

=> This position aims to maintain fairness and compassion within society.

Answer to Question 3 (page 73, Literature 11, Volume 1):

According to Nguyễn Trường Tộ, traditional Confucianism undervalues the importance of law because:

- It is merely words on paper.

- It relies solely on written texts, which may be correct or incorrect.

=> As a result, it is difficult to get people to act according to established norms.

Answer to Question 4 (page 73, Literature 11, Volume 1):

The author believes that ethics and law are closely connected:

- Law is a tool for governance.

- Good law supports ethics: if one applies the fairness within the law, then all rights and duties become ethical; violating the law is immoral, while upholding it is virtuous.

Answer to Question 5 (page 73, Literature 11, Volume 1):

Referring to Confucius and the concepts of ethics and literature serves to build a strong argument. Both the author and Confucius (who had a significant influence in Confucian ethics) highlight the limitations of Confucian teachings: merely writing words is ineffective compared to action.

=> The author uses a counter-argument technique.

Structure

Structure (3 parts)

- Part 1 (from the beginning… to 'the nation kills'): States the responsibility and position of law within society.

- Part 2 (continuing… to 'simple-minded'): The relationship between law and Confucianism.

- Part 3 (the rest): The connection between law and morality.

Main Content

With a progressive and responsible viewpoint, Nguyễn Trường Tộ emphasized the importance of law for social stability. His ideas, though presented hundreds of years ago, remain relevant today.

Question 1 (page 73, Literature 11, Volume 1)

- According to Nguyễn Trường Tộ, the essence of law includes discipline, authority, and the government's mandates (policies and laws) in a country.

- He gives an example: “In Western countries, those in the judiciary who handle legal cases only get promoted, never demoted. Even the king and the court cannot lower their rank.” From this example, the author emphasizes the value of law and the importance of those who understand it and can use it to govern the country effectively.

- Nguyễn Trường Tộ asserts that discipline, authority, and the government’s mandates are essential for maintaining the nation’s stability. Therefore, he insists: “Whether officials or citizens, everyone must learn the law of the land.” Once the law is established, it must be upheld. From the highest official to the common folk, all must understand and follow the law.

=> This stance is aimed at ensuring fairness and compassion in society.

Question 3 (page 73, Literature 11, Volume 1)

- Nguyễn Trường Tộ believes that traditional Confucianism does not value the law. Even Confucius himself recognized this.

Evidence:

+ “The core of being human is loyalty and filial piety, and the most important thing is rites and propriety. However, the Confucian texts only preach on paper, with no punishment for failing to practice them, and no reward for doing so. That’s why, despite much learning, few change their character or correct their mistakes.”

+ Furthermore, “Throughout history, rulers who have saved their countries and helped the people have done so because they understood the law. Books are secondary. Without law in a country, no matter how many books there are, the people cannot be governed.”

=> The consequence is that it’s hard to get people to act according to the right standards.

Question 4 (page 73, Literature 11, Volume 1)

The author’s view on the relationship between ethics and law:

- Law and ethics are deeply intertwined.

+ Law itself is a form of ethics. The moral code of society is: “Violating the law is immoral, following the law is virtuous” and “No greater moral principle exists than impartiality.”

+ The relationship between ethics and law is about the unity of lawfulness and morality. Fairness and justice are ethical. The greatest ethical principle is impartiality. Breaking the law is equivalent to violating ethics.

Question 5 (page 73, Literature 11, Volume 1)

- Mentioning Confucius and concepts of ethics and literature contributes to the argumentative style in this excerpt: Not only the author but also Confucius (a significant figure in Confucian thought) points out the limitations of Confucian ethics: “Writing words is less important than taking action.”

=> The author’s argument is structured well, with strong, convincing evidence.

=> The author uses the technique of counter-argument.

Structure

Structure (3 parts)

- Part 1 (from the beginning… to 'the nation kills'): Describes the role and importance of law in society.

- Part 2 (continuing… to 'simple-minded'): The relationship between law and Confucianism.

- Part 3 (the rest): The relationship between law and ethics.

Main Idea

The essay calls for the establishment of a law faculty to emphasize the necessity of law in society and persuade the court to open such a faculty.

Structure

- Part 1 (from the beginning to 'the people kill'): Highlights the responsibility and position of the law in society.

- Part 2 (from 'the relationship' to 'simplicity'): The relationship between the law and Confucianism, as well as literature.

- Part 3 (the remainder): The connection between law and morality.

Question 1 (page 73, Literature 11 textbook, volume 1)

According to Nguyễn Trường Tộ, the content of the law includes discipline, authority, and state decrees.

He states that the law encompasses: 'discipline, authority, and state decrees, including the five virtues and administrative practices of the six ministries.'

- A nation must have discipline to survive, and the state must have authority to govern the people, but there must also be decrees in place.

- He refers to the practice of law in Western countries.

- The author emphasizes the importance of law and the individuals who understand and can use it to govern the nation's affairs.

Question 2 (page 73, Literature 11 textbook, volume 1)

For Nguyễn Trường Tộ, discipline, authority, and state decrees are essential for the survival of the nation.

- The author affirms: 'Everyone, whether officials or commoners, must learn the law of the country.'

- The law prevails in all areas; without law, discipline and national order cannot be maintained.

- Both officials and citizens must understand and follow the law, a principle that remains true even today.

Question 3 (page 73, Literature 11 textbook, volume 1)

Confucianism traditionally does not respect the law.

+ It holds that the highest moral duty is loyalty and filial piety, and that ritual propriety is not necessary.

+ Confucian texts only speak in theory—there is no punishment for non-compliance, nor any reward for adherence.

+ As a result, despite extensive study, few have corrected their character or errors.

- The author points out that historically, rulers who saved the country did so by understanding the law, while other texts showed dependence on the law.

+ Without law, no matter how many books there are, governance would be impossible.

Question 4 (page 73, Literature 11 textbook, volume 1)

The author's view on the relationship between morality and law:

+ Although the text extols the law, it asserts that law and morality are closely intertwined.

+ The author insists: 'To say that the law is only for governance, without any moral foundation, is to ignore that breaking the law is a crime, while adhering to it is virtuous.'

+ By upholding justice through the law, one embodies morality, fulfilling the true ethical duties of a person.

Question 5 (page 73, Literature 11 textbook, volume 1)

The author presents the Confucian view of law: 'From the five virtues to the administrative duties of the six ministries, all are comprehensive.'

+ The five virtues are laws that govern both society and the family under the feudal system, serving as the backbone of the regime's discipline.

+ The author critiques Confucianism for being ineffective, with its theoretical principles yielding no practical results.

+ Therefore, there is a need for law, which must be linked to real human actions, to be enacted according to the law.

- The author cites Confucius, who himself recognized the limitations of Confucian moral teachings.

⇒ This is a rhetorical strategy of 'attacking the source' to directly influence the listener's psychology.

Summary

Nguyễn Trường Tộ's appeal to establish a law school, written in his memorial Tế cấp bát điều (Eight Urgent Issues), was presented to the imperial court. This document discusses the urgent need for the law in society, urging the court to create a law school.

Structure

Part 1 (from the beginning to 'the people kill'): The role of the law in the nation's life.

Part 2 (from 'limitations of Confucianism' to 'simplicity'): The limitations of Confucianism in implementing the law.

Part 3 (the remaining section): The relationship between law and morality.

Question 1 (page 73, Literature 11 textbook, volume 1):

+ The law includes the domains of: discipline, authority, decrees, the five virtues, and administrative functions of the six ministries.

+ The implementation of law in Western countries is introduced:

- Those assigned to investigate and judge are free from any external pressure.

- They have a clear hierarchy and cannot be removed arbitrarily.

- Even the king does not have the authority to impose a punishment without the review of these individuals.

Question 2 (page 73, Literature 11 textbook, volume 1):

+ The author asserts: the king, officials, and citizens must all respect and adhere to the law.

+ This policy aims to create an equal, just, and disciplined society.

Question 3 (page 73, Literature 11 textbook, volume 1):

According to Nguyễn Trường Tộ, Confucianism traditionally does not respect the law.

Question 4 (page 73, Literature 11 textbook, volume 1):

The relationship between morality and law:

+ Observing the law is a form of morality.

+ The law is the greatest form of virtue, aligning with justice and morality in human society.

Question 5 (page 73, Literature 11 textbook, volume 1):

The author discusses Confucius and his concepts of ethics and literature, using a counter-argument to demonstrate how Confucianism contradicts its theoretical ideals.

⇒ This adds sharpness and argumentative force to the text.

Meaning

From this text, we understand the critical importance of law for the nation, as well as Nguyễn Trường Tộ's progressive, forward-thinking ideas that transcend time, reflecting his concerns about the nation's fate through his skillful use of literary artistry.

Structure

- Part 1 (from the beginning to 'the people killed by the nation'): Discusses the responsibility and role of law in society.

- Part 2 (continued to 'simple and honest'): Explores the relationship between law and Confucianism, and literature.

- Part 3 (remaining): Focuses on the connection between law and ethics.

Summary: Proposal to Establish a Law Department

Question 1 (page 73, Literature 11 Textbook, Volume 1):

According to Nguyễn Trường Tộ, the content of law includes: discipline, authority, and policies (laws and regulations) of the state.

Nguyễn Trường Tộ emphasizes: “Any punishment in the country must conform to the law.” He refers to Western countries, where those in judicial positions cannot be demoted, even by the king or the court. This shows the author's respect for law and those knowledgeable in it, who use it to govern the state.

Question 2 (page 73, Literature 11 Textbook, Volume 1):

Nguyễn Trường Tộ believes that discipline, authority, and regulations are necessary to maintain the country's stability. He asserts: “Both officials and citizens must study the law.” From rulers to commoners, everyone must understand and abide by the law to uphold national order.

Question 3 (page 73, Literature 11 Textbook, Volume 1):

The author claims that Confucianism lacks a tradition of respecting the law. He explains: “While Confucian texts emphasize virtues like loyalty and filial piety, they do not provide practical consequences for failure. Law, however, ensures order.” Confucianism alone cannot rule without law.

Question 4 (page 73, Literature 11 Textbook, Volume 1):

Despite praising the law, Nguyễn Trường Tộ connects law closely with morality. He states, “Breaking the law is a moral wrongdoing,” and “True morality comes from fairness and impartiality.” Thus, law and ethics are inseparable—justice is both legal and moral.

Question 5 (page 73, Literature 11 Textbook, Volume 1):

To persuade the king, Nguyễn Trường Tộ draws on Confucian principles: “From the Three Principles to the administrative functions of the Six Ministries, the law must be applied practically.” He quotes Confucius, “I have never seen anyone who admits their mistakes and punishes themselves accordingly.” Action speaks louder than words, and law must be put into practice.

- Confucianism promotes values like loyalty, filial piety, and propriety.

- Confucianism lacks a tradition of enforcing laws because it lacks practical application. Even Confucius acknowledged this.