Quan điểm của j s mill về tự do và ý nghĩa của nó đối với việc thực hiện quyền con người ở việt nam hiện nay tt tiếng anh

MINISTRY OF EDUCATION
AND TRAINING

HO CHI MINH NATIONAL
ACADEMY OF POLITICS

ACADEMY OF JOURNALISM AND COMMUNICATION

NGUYEN THI XIEM

JOHN STUART MILL'S THOUGHT ON LIBERTY
AND ITS SIGNIFICANCE ON HUMAN RIGHTS
IN VIETNAM TODAY

Major: Philosophy
Code: 92 29 001

SUMMARY OF DOCTORATE DISSERTATION ON PHILOSOPHY

HA NOI, 2019


WORK IS COMPLETED AT:
ACADEMY OF JOURNALISM AND COMMUNICATION

Science instructors:
1. Associate Professor. Dr. Dang Huu Toan
2. Associate Professor. Dr. Tuong Duy Kien

Reviewer 1:………………………………………….

Reviewer 2:………………………………………….

Reviewer 3:………………………………………….

The thesis will be protected before the thesis reciew committee at the
grassroots level:
At … AM …. 2019

The thesis can be found at the library:
- National Library of Vietnam, Ha Noi
- The Library, Academy of Journalism and Communication


LIST OF THE WORKS OF THE AUTHOR RELATED TO THESIS
1, John Stuart Mill with “On Liberty”, 2015, Stitute of Philosophy, Volume 5
(288), p.74-79, ISSN: 0866-7632.
2, John Stuart Mill’s philosophy of liberty as a basic of human rights, 2017,
Cбopниk Нayчныx Cтaтeй “Coвpeмeнныe Пpoблeмы нeykи и oбpaзoвaния:
Tpaдuциии и Нoвaции”, Kaзaxckий Нaциoнaлый Пeдaгoгичeckий Yнивepcитeт
Имeни Aбaя, Kazakhstan, 3/2017, ISBN 978-601-298-581-8,
3, Human rights education of students in Vietnam, 2018, Science Journal of
Hanoi Metropolitan University, Volume 21, p.172-180, ISSN 2354-1512.
4, Thoughts of human rights in traditional Vietnamese society, 2018, Science
Journal of Hanoi Metropolitan University, Volume 22, p.172-180, ISSN 2354-1512.
5, John Stuart Mill’s Liberal thought on Education and the Dissemination of
Education in Enforcing the Right of Liberty, American Journal of Educational
Research Volume 6, May 2018, ISSN (Print): 2327-6126.
6, Special Features in Ho Chi Minh's Thought about Human Rights, American
Journal of Educational Research Volume 6, Issue 7, 2018, ISSN (Print): 2327-6126 .

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INTRODUCTION
1. The urgency of the subject
Liberty is the desire, the eternal dream of human. This is a matter of nature, also
one of the important characteristics of socialism. K.Marx affirmed the purpose of
communism is the liberation of human and “liberty is the condition for the
development of all people”. Bringing liberty to human beings so that they are free to
comprehensively develop. Accordingly, it can be said that liberty is the most
important human value in the founders’ thought of Marxism. When and where
people forget about the issue of liberty and restrict human liberty mean they
inadvertently left the goal of socialism.
In Vietnam, liberty and independence are the goal to fight for, the source of
strength contributing to the great victory in the national liberation’s revolution. In
the Declaration of Independence, President Ho Chi Minh emphasized that it was our
nation, in an 80-year durable struggle, that attained its rights including liberty - the
value trampled on by the French colonialists under the name of civilization. The
ideal “Liberty for my people, independence for my fatherland” was affirmed “that's
all I want, that's all I know”. Liberty for each person and liberty for the whole
community is not just an action motto of the Vietnamese people, but also a great
source of encouragement for the oppressed peoples around the world to stand up and
fight for liberty, independence for the nation, fundamental rights and liberty for the
people. The struggle for the protection and development of human rights and
fundamental liberty is the struggle for human values and the people’s developmen
In the history of human thought there have been many authors discussing this
issue, in particular, John Stuart Mill (J.S.Mill; 1806 - 1873). During his life, J.S.Mill
wrote many works and resonated. J.S.Mill writings alluded to a decisive content:
liberty of every individual finds his limits in the liberty of others; bringing liberty to
each and everyone for the prosperity of all and ultimately for social progress. The

contributions of J.S.Mill's thought left an evident remark in Western philosophy.
However, in terms of drawbacks, J.S.Mill philosophy stands on the bourgeoisie’s
side, the doctrine for protecting the social order of capitalism. Although J.S.Mill was
not able to make a break with several historical limitations, it did not prevent him
from becoming a brave and progressive thinker in the history of philosophical
thought. Therefore, his study of philosophical thought is a work of filtering the
values and quintessence of human culture. Studying J.S.Mill's advances in liberty is
one of those directions.


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In addition, in order to preserve and protect liberty as the highest moral value,
President Ho Chi Minh asserted “Nothing is more precious than independence and
liberty” and also to realize the lofty ideal, a good source of strength in the building
and defense of the fatherland, a sacred and inalienable right of each person and of
the whole Vietnamese community. We can help studying and acquiring, inheriting
the quintessence of thought in the liberal mindset of predecessor thinkers, including
J.S.Mill, in the spirit of innovation and creative thinking to conform to nowaday
context. Innovation and development of thinking is a continuous process, which
constantly requires inheritance. And as F.Engels affirmed, “A nation that wants to
stand on the peak of science have to gain theoretical thinking ... but theoretical
thinking is only an innate characteristic in the form of human power. This capacity
has to be comprehensively developed and to improve it, so far, there is no other way
than to study the whole of pre-existing philosophy”.
Based on the above issues, the author has chosen the topic "J.S.Mill's thought
on liberty and its significance on human rights in Vietnam today" as doctoral
thesis on Philosophy.
2. Purposes and mission of the thesis
2.1. Research purposes

A philosophical point of view, the author clarifies J.S.Mill's opinion on liberty as
a human right on this basis to point out and interpret the significance of this view on
the exercise of human rights in Vietnam today.
2.2. Research duties
To carry out the research purposes mentioned above, thesis needs perform the
following tasks:
First, analysing the historical condition and theoretical premise of J. Smith's view
of liberty in philosophy.
Second, analysing the basic content of John Stuat Mill's view on liberty
Thirdly, interpreting the values, limitations and significance of J. Smith's
philosophical views on liberty of human rights’ practice in Vietnam today.
3. Objects and scope of the research
3.1. Research objects
The thesis’s object is a matter of liberty as one of the basic human rights.


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The issue of liberty is one of the great contents of the history of human thought;
is the research object for science: philosophy, politics, law, anthropology, morality...
From a philosophical perspective, the thesis approaches J.S.Mill's view on liberty as
one of the basic human rights.
3.2. Research scope
In order to clarify J.S.Mill's view on liberty, the author approaches his
philosophical ideas in the work "On liberty" (1859), "Representative Government”
(1861) and "Utilitarianism" (1863).
4. The Rationale and Research Methodology
4.1. The Rationale
Methodology of dialectical materialism and historical materialism, Ho Chi
Minh's thought, policy of the Communist Party of Vietnam about liberty and

human rights
4.2. Research Methodology
Group of theoretical research methods includes: analytical methods and
theoretical synthesis; Classification and systematical methods.
5. The meaning of theory and practice
In theory, the thesis has stated the economic context of the nineteenth century
England is the period of industrial production development. That helps people
become aware of their personal power and individual liberty. Besides, the thesis has
analysis the political history under the Victorian dynasty which led to the emergence
of political parties (Whig Party and Tory Party) and the General Union and Charter
movement as the The organization stands out to protect individual libertys.
The thesis analyzed theoretical premises for the formation of J.S.Mill's liberal
viewpoint. His thought of liberty in philosophy was based on his theoretical
philosophy. JSMill has inherited A.Comte's empirical philosophy, J.Locke's
philosophy of liberty, the view of the highest development, the most harmonious of
all human capacities as the goal of humanity. W.Humboldt and the political ideology
of A.Tocqueville and utilitarianism of J.Bentham. These are theoretical premises
and ideological backdrops for the formation of J.S.Mill's philosophy of liberty. The
analysis of the thesis shows J.S.Mill's contributions in classical liberalism. On the
basis of assessing the value and limitations of these thoughts, the thesis analyzed the
lessons for the realization of human rights in Vietnam today.


4

In practice, the research results of the thesis show a liberal view in philosophy of
J.S.Mill is a typical reflection of Western history, culture and society. This has important
implications in opposing the distorting arguments of hostile forces on human rights issues.
The thesis is a scientific work that can be used as a reference for studying,
researching and teaching topics about liberty, human rights, Western philosophy modern...

6. Structure of the thesis
Apart from the preamble, conclusions and list of references, the content of the
thesis is structured into 4 chapters.
RESEARCH OVERVIEW RELATED TO THE SUBJECT
1.1. Studies on the condition and premise forming J.S.Mill’s philosophy
Friedrich Engels's "Working-class situation in England" and K.Marx's
“Industrial Situation in the UK” have analyzed in great detail the impact of the
industrial revolution on socio-economical life in the UK. That change starts with the
family; from the position and role of women in society to the status of workers in
society; the transformation of relations between people in nglish society... thereby
reflecting comprehensively the birth and nature of capitalism in England. By
theoretical research methods, the thesis needs to point out the most general aspects
of J.S.Mill's life and career, especially the transformation of J.S.Mill's thought, the
influential figures in his life are the issues that the thesis needs to continue to study.
1.2. Studies on J. Smith's view on liberty
In the world, many scholars are also interested in studying J.S.Miller's view on
liberty, values and limitations in the view. The “Four Essays on Liberty” by Isaiah
Berlin and Michael Sandel's “Justice: What's the Right Thing to Do”. The authors
have an in-depth analysis of J.S.Mill’s philosophical viewpoints.
About the thesis: J.S.Mill's study of philosophical view on liberty comprises of
Ngo Thi Nhu’s work - PhD thesis on J.S.Mill’s political philosophy – Historical
values and lessons, University of Social Sciences and Humanities, Vietnam
National University, Ho Chi Minh City. This reveals that J.S.Mill’s works have not
been studied much in Vietnam. The gap on these important topics is a major
handicap in the perception of liberty from J.S.Mill’s point of view in particular and
in Western philosophy in general.


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1.3. Studies on the values, limitations, and significance of J.S.Mill's view on
liberty to exercise human rights in Vietnam today
About the book: In 2005, the Ministry of Foreign Affairs, Vietnam issued a white
paper on human rights entitled “Achievements and development of human rights in
Vietnam”. The book also summarizes Vietnam's achievements in the exercise and
development of human rights.
Vietnam National University has published several books on this subject. Typically,
“Human Rights - UN special subject material”; “Theories of Law and Human Rights
Law”; “Human Rights - a collection of general comments and recommendations”;
“Q&A about human rights”; “The idea of human rights - the collection of documents
in the world and Vietnam”… The works presented the theories of human rights from a
philosophical point of view, where J.S.Mill's “On liberty” is defined as a document that
marks the development of the idea of human rights.
1.4. Thesis issues that need further study
In recent years, there have been research on J.S.Mill’s philosophical thought.
However, there has not been any that systemize J.S.Mill's thought on liberty. Thus, the
author bravely chooses the subject “J.S.Mill's thought on liberty and its significance
on the exercise of human rights in Vietnam today” for the PhD thesis.
Based on the above mentioned documents, the thesis continues to study the
following issues:
Firstly, when analyzing England’s historical conditions in the nineteenth century,
the thesis needs to highlight the influence of these that has led to the formation of
J.S.Mill’s philosophical view on liberty. The formation and development of a
philosophical doctrine is the complement, inheritance of earlier philosophical
schools. In the process of studying the theoretical foundation of J.S.Mill's
philosophical view on liberty, the thesis must indicate the succession of J.S.Mill.
Second, the thesis deals with J.S.Mill’s view on liberty as one of the basic human
rights. These are civil liberties and political rights and libertys.
Third, based on the methodology of dialectical materialism and historical
materialism, the thesis finds values and limitations in J.S.Mill’s view on liberty.

Thence, the thesis analyzes the significance of J.S.Mill’s view on liberty as one of
the fundamental human rights towards the exercise of them in Vietnam today.


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Chapter 1: CONDITIONS AND PREMISES FORMING JOHN STUART
MILL’S PHILOSOPHY ON LIBERTY
1.1. The historical condition forming the liberty concept in J.S.Mill’s
philosophy
1.1.1. The economic situation of England in the nineteenth century
In the nineteenth century, the Industrial Revolution made a fundamental change
in the socio-economic, cultural and technical conditions that came from Britain and
then spread to the rest of the world. Thanks to the industrial revolution’s
achievements, Britain has rapidly become the most developed country in the world.
The industrial revolution has created a thriving economy. Not just that, it has
also greatered human power. People are gradually aware of liberty for individuals.
On the other hand, the industrial revolution has bound workers up with work. This
triggers the risk of creating stereotypical workers, restraining individual rights and
libertys. Under these conditions, the doctrine of liberty has been formed, typified by
the idea of John Stuart Mill's philosophy on liberty.
1.1.2. British social identity in nineteenth century
Industrial revolution has made the UK economy grow rapidly and at the same
time significantly transformed the social structure of the country. This revolution
has changed the whole of British society. The position of classes and schools in
British society has changed unevenly. The most important product of the industrial
revolution was the British working class. Workers have gradually realized that they
must protect their interests by uniting into a powerful force to fight for economic
rights and political interests. Thus, the union movement emerged from the late 18th
century and flourished in the nineteenth century.

The contrast to the impoverishment of the working class if the fast-growing
richness of the bourgeoisie owners. By socio-economic status, the bourgeoisies were
enriched by exploiting workers. This has created deep contradictions in 19th century
British society in particular, as well as Western capitalist society in general. This is
the conflict between increasingly socialized production and production relations
based on proprietary private ownership of means of production. This contradiction is
manifested in terms of society, which is the conflict between the bourgeoisie and the


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working class. These conflicts of economic interests and social conflicts had a
strong impact on British political life in the nineteenth century.
1.1.3. The political situation of England in the 19th century
1.1.3.1. Domestic situation of 19th century England
19th-century Britain was ruled by the Queen Victoria. However, the real
power was in the hands of Congress. There were two opposing parties in
England, the Whig Party and the Tory Party. With the rise of the workers'
movement, the two parties came together to protect the bourgeoisie’s interests.
This was the period when Britain carried out political reforms. This has changed
the face of UK manufacturing.
1.1.3.2. Foreign policy of nineteenth century England
In terms of foreign policy, England used industrial dominance to conquer other
countries. In colonial policy, the British gave white colonies a wide autonomy and
the feudal colonies had to submit to the British government in absolute terms. For
colonies with densed populations such as India, England transformed them into
British provinces to extract wealth. These issues were mentioned in J.S.Mill’s “On
liberty” and “Representative Government”.
1.2. Theoretical premise forming J.S.Mill’s philosophical view on liberty
1.2.1. J.S.Mill’s theoretical philosophy

J.S.Mill's view was formed by the influence of empiricism with delegates
George Berkeley (1685-1753), David Hume (1711-1776) and the J.Bentham’s
utilitarianism ethics.
In terms of the world outlook, J.S.Mill's stance is best demonstrated in
“Examination of Sir William Hamilton’s Philosophy”. In his work, J.S.Mill defined:
“Matter can be defined as a permanent ability of feeling”. In other words, the
possibilities of sense constitute the objective world. Thus, on the world view,
J.S.Mill's philosophy manifests itself in “sensationalism”, from the influence of
some philosophers such as George Berkeley, David Hume.
The logical issue was presented by J.S.Mill in his book “The Logical System”.
As a mildly inductivist, J.S.Mill criticizes exaggerated appreciation and rationalist
clauses, but acknowledges its effects on scientific perception.


8

In cognitive theory, J.S.Mill appreciates the senses in the cognitive process.
Feeling is the material of knowledge. “All we can know about matter is the feelings
it gives us and the order in which the feelings appear”. This is a philosophical
doctrine known as phenomenalism.
1.2.2. Philosophy on liberty and cognitive theory of J.Locke (1632 - 1704)
John Locke is a British philosopher and activist. He was a representative of
typical empiricism. In the history of Western philosophy, J.Locke is recognized
as the father of liberalism. Throughout many works, J.Locke always struggled
against totalitarianism and made great contributions to liberalism both personally
and institutionally.
J.Locke is a proponent of consistent liberty in expression for human liberty.
Those ideas were presented by J.Locke mainly in “Two Theories of State
Government”. He argued that the importance of an ideal government was not its
form, but its existence for people, for the fundamental human rights (liberty and

property). J.Locke's ideas had a profound influence on Western philosophers,
including J.S.Mill.
1.2.3. The Utilitarianism of Jemery Bentham (1748 - 1832)
J.Bentham left numerous works in the field of philosophy with the following main
issues: First, J.Bentham was not a philosopher discussing the utilitarian principle, but
together with James Mill and J.S.Mill, they have built a doctrine (Utilitarianism).
Second, J.Bentham was a well-known law critic and of judicial and political
institutions. The goal of J.Bentham was to create happiness and joy. The means used
were “rationale and law”: righteous law will create happiness and righteous law is law
in accordance with reason, that is, in accordance with rationale, which is also
utilitarian principle. According to J.Bentham, each specific rule is associated with a
“rational interpretation of the law”. He argued that the power brings rationale to law
in a short while but the law must be based on rationale to be sustainable...
1.2.4. The view of Wilhelm von Humboldt (1767 - 1853) on the highest, most
harmonious development of human capacity as a goal of humanity
If J.S.Mill’s emphasized liberty for every individual, Wilhelm von Humboldt
particularly emphasized the stuff, the dynamic energy, the creativity of each individual.
These factors motivate people to develop ceaselessly with the inner part of each


9

individual, their own personality. As a representative of individualism, Wilhelm von
Humboldt argues that man, when not constrained by force, develops and frees himself.
The view of the highest development, the most harmonious of all human capacities, is
Wilhelm von Humboldt's highest goal of humanity which is one of the direct
theoretical premises for J.S.Mill to formulate the theory of liberty.
1.2.5. Positivism of Auguste Comte (1798 - 1857)
Positivism was conceived and developed in the nineteenth century with
representatives are Auguste Comte and John Stuart Mill. A.Comte and J.S.Mill have

a close relationship. J.S.Mill admired his older colleague’s thorough knowledge.
A.Comte found in J.S.Mill a wide knowledge of thought. Although the ideas of
A.Comte and J.S.Mill have similarities, but actually these two philosophers tend
to think separately. Absorbing A.Comte’s positivism, J.S.Mill developed it to
goes beyond the framework of positivist sociology. If A.Comte emphasized
social solidarity, J.S.Mill emphasized the issue of individual liberty. In other
words, “their letters have clearly shown the encounter between British empiricism
and French rationalism”.
1.2.6. The political theory of Alexis de Tocqueville (1805-1859)
Alexis de Tocqueville with his famous work "American Politics" has shown a
profound study of democracy. He saw both bright and dark sides, challenges,
risks and opportunities. According to him, what could be promised for the future
depended on one decisive factor: the responsibility of the citizens towards the
community.
J.S.Mill was particularly interested in Tocqueville's arguments about the
constraints and prospects of a democratic polity. When assessing the status of
personal liberty being suppressed which has lost the diversity of individuals,
J.S.Mill pointed out Tocqueville's sharpness as a correspondence.
1.3. The process of forming and improving the liberty concept in J.S.Mill’s
philosophy
1.3.1. J.S.Mill’s life and career
J.Mill is a leading thinker in the UK. His life and career were compared to an
encyclopedia of the nineteenth century. His entire career was associated with his
iconic works: On Genius (1832), Principles of Political Economy (1948); On nature


10

(thesis, 1850 - 1858); Three essays on religion (1850 - 1858); A few words on
non-intevention (1859); On Liberty (1859), Representative Government (1861);

Utilitarianism (1863); Auguste Comte and positivism (1865); Examination of Sir
William Hamilton's Philosophy (1865); Theory of Materialism (thesis, 1868); The
Subjection of Women (thesis, 1869).
1.3.2. The forming process of J.S.Mill’s philosophical view on liberty
The first phase, the formation phase of J.S.Mill's philosophical view on liberty
from education and self-education.
The second phase, the formation phase of the views on liberty from the inner crisis.
The third stage, the completion phase of J.S.Mill’s liberal philosophy. This is the
period marking the most brilliant period in the thought journey of J.S.Mill. The
highlight of this period was the introduction of a series of works: On liberty,
Representativie government and Utilitarianism. In these works, J.S.Mill presented
systematic and insightful views on liberty.
End of chapter 1
In the nineteenth century, with the industrial revolution and political reform
movements, England entered a new period of history: the era of capitalist mode of
production completely replaced the feudatory mode of production. In London,
J.S.Mill witnessed a change in England. These were the social foundations of
J.S.Mill's liberal philosophy.
The forming process and development of liberal ideas, J.S.Mill inherited the
essence of the contemporary predecessors and philosophers. It was Thomas Hobbes
and John Locke’s thought. Along with inheriting the ideas of earlier philosophers,
J.S.Mill directly inherited the views of Wilhelm von Humboldt, Alexis de
Tocqueville and Jemery Bentham's Utilitarianism in the interpretation of liberty in
order to achieve the highest benefit for most people towards the goal of harmonious
social development.


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Chapter 2: BASIC CONTENTS ON LIBERTY IN JOHN STUART MILL’S

PHILOSOPHY
2.1. J.S.Mill's approach to liberty
In the Preamble of “On liberty”, he stated "the subject of this thesis is not what is
called the Liberty of Will, which unfortunately is opposed to the doctrine having
improper name the Indispensability of philosophy, which should be Civil liberty or
Social liberty: that is, the nature and power limits that society can exercise legitimately
for the individual". Thus, liberty here is not the general or abstract liberty but the real
liberty of a man in life. The liberty that J.S.Mill mentioned is that human liberty in the
society has opposing classes. In that society, there was a new relationship - the
relationship between the state and the citizen. To resolve this relationship, it is
necessary to define the boundary of the state's authority over citizens.
2.2. J.S.Mill's view on civil liberties (individual liberty)
2.2.1. Liberty of thought, opinion and expression
The basis for the existence of liberty of the press, opinion of the individual in
social life is their usefulness to individual well-being and social progress. J.S.Mill
argued that liberty of thought, opinion and expression were the inviolable rights of
every person. It came from the fact that people could make mistakes in perception.
So people needed these rights to overcome the mistakes. Liberty of thought, opinion
and expression were important in the process of truth formation. Not only that,
J.S.Mill also argued that truths or attitudes, though right, in every case of liberty of
thought, opinion and expression were beneficial, not harmful. Besides, it also
contained tolerance towards different opinions, to accept criticism. For each
individual, liberty of thought, opinion and expression is the ability to effectively
defend against the arbitrariness of public opinion, helps individuals have conditions
for development and social progress.
2.2.2. Liberty of religion and belief
John Start Mill discussed liberty of belief and religion. J.S.Mill argued that a
religion that gradually lost its vitality and values was attributed to believers who
inadvertently acknowledged the absolute right of religion, had no spirit to struggle to
defend the religion and belief. From these arguments, J.S.Mill concluded that human

beings needed religious liberty, not only in choosing not to follow a religion or belief


12

but also to freely express the tenets of religion. This made the religious tenets more
humanist and attractive to the followers.
In the process of existence, beliefs and religions want to preserve human values,
serve the social development, according to J.S.Mill, there is no other way beside
constantly innovating. That innovation can only be the indispensable result of liberty
of thought, opinion, and expression.
2.2.3. Liberty of choice, liberty to plan for life and liberty of association
Firstly, the liberty of choice and planning for life are the personal elements and
qualities of human, so that one can assert himself as a unique individual. Secondly,
liberty of choice and planning for life due to preferences are the motivation for social
progress and development. Thirdly, liberty of choice and planning are conditions for
excellent individuals to carry out their ideas, thereby making a great contribution to
social progress.
The struggle between liberty and custom is a compelling content in the history
of human thought. J.S.Mill had a very interesting approach to this issue. He
mentioned the conflicting nature of liberty and custom: liberty is a dynamic
element that is constantly developing; Habit is static, less variable. If the habit
dominated, the society would become a static entity. Vice versa, if the value of
liberty is widespread and becomes the dominant value in society, then in society
there are many conflicting factors for development. Liberty is a value creating
other values for society, making society more progressive.
2.2.4. Liberty of the individual in relation to society
J.S.Mill pointed out the relationship between the individual and the society is a
two-way inevitable relationship. These principles are the principle of liberty, the
principle of harm and the principle of utilitarianism.

By defending the liberty of the individual, J.S.Mill appealed against all tyranny:
from tyranny in family to the tyranny of government and from society. In the family,
it is the tyranny of the husband towards the wife, the tyranny of men towards women
in society. He condemned tyranny to protect eccentrics. The eccentricity here is not
the degree of eccentricity in the biological sense, the vulnerability of mental and
psychological activities, but rather the eccentricity of a genius, of those who dare to
resist the grip of a tyranny, for the pursuit of good things for the well-being of the
individual and society. It is a harmless eccentric but also beneficial to society.


13

On the basis of the above relationship, J.S.Mill pointed out the object applied to the
exercise of personal liberty. They must be adults who are socially aware, capable of
thinking, oriented and controlling their behaviors, and are responsible for their
actions. Not only that, J.S.Mill assumed that civil liberties were only applied in a
community that has reached a certain level of civilization in order to realize the
exercise of liberty due to his ideal.
2.3. The view of J.S.Mill on mechanism of human rights implementation
2.3.1. The ideal form of politics guarantees of rights, liberty and democracy
Regarding political institutions, attaching the form of the polity to human life
was the first argument for J.S.Mill to assess the success or failure of polity. Whether
a government could operate depends on the people. J.S.Mill pointed out the
prerequisites people needed. That was, the people "have to volunteer".
Next, J.S.Mill explored some of the historical regimes of polity
corresponding to that attitude of favoring or obstructing them towards
fundamental human rights. The first regime of government that J.S.Mill
mentioned was the "regime of one man" and the "regime of some people"
(constitutional monarchy). After analyzing the various modes of regime, he
came to the conclusion that the representative government was the most ideal

regime. Through the influence of the representative government, people act as
citizens, having rights and responsibilities through the law.
2.3.2. Democratic political institutions and the form of democratic
implementation by citizens' right to vote
2.3.2.1. Democratic political institutions
J.S.Mill did not focus on the category of democracy in purely conceptual terms.
What J.S.Mill cares about is the nature of democracy, so that it distinguishes
between real democracy and fictitious democracy. J.S.Mill argued that, in the end,
the distinction between the two ideas is for the true interests of every citizen. The
issue of democracy, from J.S.Mill’s viewpoint, is that all people can participate
(through election of positions in government) which is the core issue of political
liberty. Thus, it is possible to view J.S.Mill's argument for democracy as a
reaffirmation of the role of individual liberty, which complements the doctrine of the
interests of the representative government.


14

2.3.2.2. The form of implementing democracy by citizens' right to vote
First, the right to vote is the fundamental right of citizens. J.S.Mill asserted that
the right to vote is not only a personal right but also a universal truth. He supported
the need to extend the right to vote for all, not just the majority. J.S.Mill expected
that the number of intellectuals in the population - who were in a very small part could have a fair representation.
Second, about the object of election: J.S.Mill claimed that there was a need to
extend the right to vote in more than one society. One of the great contributions of
J.S.Mill in determining the object of applying political liberty is not only for men
but also for women.
2.4. The value and limitations of thought in liberty
2.4.1. The value of thought in the individual liberty
2.4.1.1. The value of thought in the individual liberty

In the human rights system, individual liberty is the basic human right. Directly
linked to the existence and development of each individual, individual rights
regulate the trend of personality development, improving the nature in each person.
Personal liberty is not separate from responsibility. There can be no pure liberty
without regard to responsibility for others and for society. Thus, individuals must
respect the interests of others so that their behaviors do not violate them. On the
other hand, individuals must always focus on cultivating virtue for themselves.
Thus, J.S.Mill approached freely not only as a political category but also as a
cultural category attached to ethics.
Defending the individual liberty, J.S.Mill pointed at the tyranny on the
individual, the "psychological oppression" of the Victorian Kingdom. Putting J.
S.Mill's thoughts in such a historical context explains the unique and progressive
points of his thought. According to J.S.Mill, the tyranny of society actually
suppresses some individual liberty, including liberty of thought and discussion.
1.4.1.2.

Value of thought in the rights and liberty of political democracy

First of all, around the issue of election, J.S.Mill brought new ideas to push back
the limits of British society at the time. He supported that universalized education
must go before universalized suffrage, extending the right to vote to all classes of the
working class. This concept is a great contribution of J.S.Mill in the history of
human thought.


15

Regarding the standard for recognizing a good government, according to
J.S.Mill, it is within the limits that the government allows individuals to live and
work in their own way. He believed that liberty was a major factor in the

development of society. He said that increasing state power and decreasing personal
liberty would lead to collective tyranny. According to J.S.Mill, truth exists in
discussions. In public and free discussions, people will learn more about politics,
increase their knowledge, and exercise their liberty of speech. Under these
conditions, they seem to be actually involved in political affairs.
1.4.1.3. The role of education in exercising people's liberty and expanding democracy
The value of J.S.Mill's educational ideas is expressed in the following points:
Firstly, the right to be educated, access to general education is one of human liberty.
Secondly, education is a condition for individuals to protect their liberty. Thirdly,
education plays an important role in building democracy.
J.S.Mill soon realized the dangers of democracy stemmed from the limitations of
voters' lack of understanding. Then, democracy becomes dangerous. Thus,
education was always a policy that he pursued for the rest of his life. From the
support and appreciation of the educational role, J.S.Mill viewed the lack of
education as a "moral crime," both against the individual and society. Crimes against
individuals mean that human beings are born but do not have the right to improve
themselves, to rise as a free entity. The crime against society means a society full of
ignorant citizens, it will be a society that can not develop.
2.4.1.4. Liberty and the issue of women's liberation
First of all, in the marriage-family relationship, women have equal rights to their
husbands in status and rights. J.S.Mill argued that equal and sustainable marriages are
conditions which not only contribute to the liberation of women, but also to the
nurturing environment that develops good characters of young children.
About the position and role of women in society, J.S.Mill used the doctrine of
natural qualities as the basis for gender equality, liberating women, giving them
the positions and role they deserve. J.S.Mill appealed to women's rights for the
legitimate rights of women. These individual libertys will direct women to act
based on their personal feelings of duty, to act based on law and social norms by
their own conscience. J.S.Mill said that when society managed gender equality,
people would benefit from female individuals. Liberty and equality for women

16

will be a motivation for social development. He argued that social power could
only be achieved by liberating half of all mankind's intellectual talents. The ideas
and potential of half the population will be liberated, creating great effect for the
development of all humanity.
2.4.2. Limitations of J.S.Mill's view on liberty
2.4.2.1. The policy to struggle for human rights can not protect the equality of
peoples with liberty and independence.
In his “A few words of non-intevention”, J.S.Mill appealed to Britain's foreign
policy against colonial peoples for political self-determination. J.S.Mill's view on
cross-national issues clearly distinguished between barbarous and civilized nations.
These were the conflicts that J.S.Mill avoided and did not try to solve.
J.S.Mill did not recognize the unity of human liberty - the core issue of human
rights and the self-determination of the nation. The restriction of J.S.Mill's ideas is
derived from class positions and due to historical conditions.
2.4.2.2. Subjectivity and inconsistency in the view of liberty
Firstly, J.S.Mill proposed principles to guarantee the liberty and fundamental
rights of individuals. In the process of proposing these principles, he attempted to
link the interests of individuals and societies, but in essence those ideas expressed
the spirit of absolutizing individual liberty. Secondly, J.S.Mill did not scientifically
interprete the election and the restricted mode of state power. J.S.Mill did not
scientifically explain the method to limit the state power. Thirdly, J.S.Mill
advocated building a good future society through liberty of discussion and the
quality of self-correction.
2.4.2.3. Limitations from the class stance and from lowering the role of the masses
J.S.Mill advocated the struggle for human liberty but he did not advocate the
equality of peoples with liberty and independence. His thought was subjective,

inconsistent stemed from the problem of class stance. J.S.Mill was a distinguished
politician, an upper-class figure who protected the interests of the upper classes and
the bourgeoisie.
With the over-emphasis on the role of the intelligentsia, J.S.Mill looked down on
workers. He did not see the true role of the masses, not just the specific actions and
movements that the people were involved in. J.S.Mill only mentioned a
"willingness" that people needed, not the specific actions they needed to take.


17

End of chapter 2
J.S.Mill approached liberty as one of the fundamental human rights in a socially
opposing classes. His writings exemplify the dominant view that: liberty of the
individual finds his limits in the liberty of others; Social liberty is the boundary
between social control and individual independence. It can be seen that J.S.Mill's
philosophy of liberty as the continuation and development of classical liberalism,
the promotion and protection of individual liberty in Western political philosophy.
However, because of his personal liberty, he put it in a unique position in political
philosophy, still knowing his ideal was the praise and transform of personal liberty
became the motivation for social development. Basically, that was just an optimistic
but not practical idea. Although J.S.Mill's free thought was still inadequate, but with
a tireless spirit of dedication, J.S.Mill has left many works of deep thought and
inspired generations of readers.

CHAPTER 3: SIGNIFICANCE OF JOHN STUART MILL'S VIEW ON
LIBERTY ON THE EXERCISE OF HUMAN RIGHTS IN VIETNAM
3.1. Perspective on human rights
3.1.1. Concept of human rights
Currently, the concept of human rights is approached in the following aspects:

First, the concept of natural human rights
Secondly, the concept of legal human rights
Third, emphasize the economic, political, moral or power of the concept of
human rights.
The content of human rights concept can be summarized as follows: Human
rights are the natural and objective ability of people, as an independent subject and
as members of society. Human rights are ensured by national law and international
legal agreements on the noble values of people in physical, cultural and spiritual
relations, the needs of freedom and development.
3.1.2. History of developing human rights thought
First-generation human rights
First-generation human rights, sometimes called "blue" rights, deal
essentially with liberty and participation in political life. They are fundamentally


18

civil and political in nature: They serve negatively to protect the individual from
excesses of the state. First-generation rights include, among other things, the right to
life, equality before the law, freedom of speech, the right to a fair trial, freedom of
religion, and voting rights. They were pioneered by the United States Bill of Rights
and in France by the Declaration of the Rights of Man and of the Citizen in the 18th
century, although some of these rights and the right to due process date back to the
Magna Carta of 1215 and the Rights of Englishmen, which were expressed in the
English Bill of Rights in 1689.
They were enshrined at the global level and given status in international law
first by Articles 3 to 21 of the 1948 Universal Declaration of Human Rights and later
in the 1966 International Covenant on Civil and Political Rights. In Europe, they
were enshrined in the European Convention on Human Rights in 1953.
Second-generation human rights

Second-generation human rights are related to equality and began to be
recognized by governments after World War II. They are fundamentally economic,
social, and cultural in nature. They guarantee different members of the citizenry
equal conditions and treatment. Secondary rights would include a right to be
employed in just and favorable condition, rights to food, housing and health care, as
well as social security and unemployment benefits. Like first-generation rights, they
were also covered by the Universal Declaration of Human Rights, and further
embodied in Articles 22 to 28 of the Universal Declaration, and the International
Covenant on Economic, Social, and Cultural Rights.
Third-generation human rights
Third-generation human rights are those rights that go beyond the mere civil
and social, as expressed in many progressive documents of international law,
including the 1972 Stockholm Declaration of the United Nations Conference on the
Human Environment, the 1992 Rio Declaration on Environment and Development,
and other pieces of generally aspirational “soft law”.
The term “third-generation human rights” remains largely unofficial, just as
the also-used moniker of "green" rights, and thus houses an extremely broad
spectrum of

rights,

including:

Group

and

collective

rights;

right

to

self-determination; right to economic and social development; right to a healthy
environment; right to natural resources; right to communicate and communication


19

rights; right to participation in cultural heritage; rights to intergenerational equity
and sustainability
3.2. The current status of human rights implementation in Vietnam is
from the thought of J.S.Mill about human freedom
3.2.1. The State guarantees voting rights, right to take part in public affairs
and access to public
From JSMill's thoughts on the right to vote and the right to stand for citizens,
the current status of exercising these rights in Vietnam shows that the State of
Vietnam implements the motto "citizens know, citizens discuss, citizens do, citizens
check ”; People are the people who decide all jobs of the State. People have the right
to participate in social management directly or through their chosen representatives.
Through elections, people choose who represents their will and aspirations. The
State of Vietnam constantly strives to ensure and create conditions for people to
exercise their right to participate in State and social management, considering it one
of the most important rights groups of citizens.
The State has issued grassroots democratic regulations that have created
conditions for the people of all strata to actively participate in the process of building,
planning and monitoring the implementation of the State's policies and the people.
3.2.2. The State guarantees freedom of speech, freedom of the press and

information
The issue of freedom of speech, freedom of the press and the information that
JSMill has determined freedom of press is one of the most fundamental rights and
one of the safeguards against corruption and specialized rules. . Processing. His
thoughts are similar to those of Marx. Therefore, despite the different
socio-economic forms, universal values of human rights in the field of press
freedom, freedom of expression are the same and respected.
Vietnam respects and ensures everyone's freedom of speech, freedom of press
and information. The rapid development, diversity of categories and rich content
and mass media in Vietnam is a testament to freedom of speech, freedom of the
press and information in Vietnam.
3.2.3. The state guarantees freedom of assembly and association
Freedom of association is expressed as each individual has the right to
participate in the formation of organizations, through which their legitimate rights


20

and interests are met. Individuals with interests related to each other, having the
same interest in consensus on many sides have the right to organize a society.
According to J.S.Mill, the right to freedom of association is a condition for each
individual to satisfy their legitimate needs and interests, serving each individual's
development and social progress.
In Vietnam, the people's freedom of association is defined by the State in the
Constitution and many other specific legal documents. In the political system of our
country, by the leadership of the Communist Party of Vietnam, there is also The
Vietnamese Fatherland Front, unions including Vietnam General Confederation of
Labour, Vietnam Women's Union, Union. Ho Chi Minh Communist youth Union,
Vietnam Veterans' Association, 300 people's organizations including social
organizations and professional social organizations operating nationwide.

3.2.4. The State guarantees freedom of belief and religion
Regarding freedom of belief and religion, the State affirmed that it is a
legitimate spiritual need of human beings. Respecting and ensuring people's right to
freedom of belief and religion and freedom of non-belief and religion are consistent
policies of the State of Vietnam. The Vietnamese state always respects and protects
the rights of believers to freely worship and practice beliefs and religions, and this
policy has been institutionalized by law.
3.3. The lessons learned about human rights on liberty J.S.Mill's
philosophy
3.3.1. The lessons in ensuring individual liberty
The liberty of the fundamental libertys associated with human rights in
J.S.Mill's philosophical thought has now been recognized by almost every country
in the world. According to the UDHR, personal liberty of human includes: liberty of
movement, residence within the national territory. Liberty of thought, belief and
religion, including liberty to change one's religion; liberty of expression or belief.
Liberty of expression and expression; including the liberty to reserve views without
interference; as well as the liberty to seek, receive and disseminate ideas and
information in any media. Liberty of gathering and associating. Liberty to choose a
career. Liberty to marry and the equality of men and women in the marriage, during
the period of cohabitation and divorce. Personal libertys in UDHR are specified in
the ICCPR and many other national legal documents.


21

In each country, the individual libertys of the citizen are recognized in the
constitution, the most legal document, showing the state's respect for the inalienable
sacred rights that nature has for each individual, in order to ensure consistency in the
exercise and protection of those rights. This is also the basic legal regulation that
determines the legal status of citizens in relation to the state and society, which is the

basis for determining the rights and obligations of citizens at all levels, and in all areas
of social life. Personal libertys of the individual are specified in the relevant statutes.
On the basis of the content of those rights in the constitution and the lawof each
country, we can assess the level of democracy, humanity, civilization and the
relationship between the state and its citizens.
In the Vietnamese legal system, individual liberty - the basic human rights of
Vietnamese citizens such as liberty of movement, residence, belief, religion, speech,
liberty of gathering and associating, liberty of business, choice of profession and
marriage... recognized in the constitution and law, respected by the State, protecting
and facilitating citizens in practice.
3.3.2. The lessons in ensuring the right to participate in political life
The significance of J.S.Mill's philosophical thought in ensuring the right to
participate in political life is reflected in some basic provisions on the right to
participate in political life in accordance with international law.
At present, the constitution and law of Vietnam have recognized and
guaranteed the right to participate in political life in reality. The current Vietnamese
laws on the right to participate in political life is quite adequate and relatively in line
with the provisions of the ICCPR and UDHR. The recognition in the constitution
and law of Vietnam of the right to participate in political life (including the right to
vote, stand for election, participate in the management of the state and society,
complain and denounce...) to implement the principle of state power belongs to the
people, affirming the foundation of the state and society management must be based
on the consent of the people, ensuring citizens ownership of the state, execising the
motto of all the state work, of the society is known “people know, people discuss,
people do, people check”.
3.3.3. The lessons in ensuring gender equality
Through his theoretical and practical activities, J.S.Mill fought for gender
equality. He regarded the urgent need of progressive mankind in general and women

22

in particular in the fight for liberty and human equality. It is noteworthy that while
most well-known scholars of the day prevented gender equality, J.S.Mill gave this
issue the most fervent support. Studying the history of the women's movement,
researchers have developed a theory of three phases of development, known as the
Feminist Wave: The first wave was from about 1848 to 1918, the second wave was
from 1918 to 1968 and the third wave was from 1968 to present. In particular, the
first phase - the first wave of feminism was the cornerstone for the next stages. In the
first phase, the soul and the "father" of the women's right to equality was J.S.Mill.
Currently, gender equality has been codified in the UDHR in clause 2, clause 16 and
clause 25. In the legislation of each country, gender equality is cónidered as a
criterion of democracy, equality and civilization.
Appearing before the United Nations International Declaration on Gender
Equality, 1930, in the first political program of the Communist Party of Vietnam
- affirmed the goal of fighting for feminist. That same year, Vietnam Women's
Union was founded by Nguyen Ai Quoc, becoming one of the oldest women's
social organizations in the world. Since the independence achieved so far,
ensuring the equal rights for women and womenliberation have always been the
consistent policy of the Communist Party of Vietnam, which is institutionalized
in the legal system of our state.
End of chapter 4
The ideal of J.S.Mill is to bring liberty to every person to gain prosperity for
all and ultimately to achieve social progress. Through the protection of liberty,
J.S.Mill propsed a social model in which human liberty is not only guaranteed but
also continually reinforced and promoted by the democratic state. It must be a state
model in which human liberty is most exercised. J.S.Mill’s advances have practical
significance in terms of theory and practical activities in the present stage.
However, as the product of a certain historical age, each doctrine reflects
more or less the actual conditions of that era. Thus, J.S.Mill's philosophy is

inevitably limited. However, that does not diminish the values of J.S.Mill's
philosophy.