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: Associate Professor Dr Dang Huu Toan 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 (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 INTRODUCTION 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 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 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 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 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) 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 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 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 Structure of the thesis Apart from the preamble, conclusions and list of references, the content of the thesis is structured into 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 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 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 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 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 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 11 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 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 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 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 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 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 23 CONCLUSION J.S.Mill was a prominent philosopher, ethics, economist and political activist in the UK He was a liberal influential philosopher in the nineteenth-century West The career that J.S.Mill pursued were liberty and human rights It is the unity of works in the fields of philosophy, logic, ethics and politics; which featured the trilogy "On liberty", "Representative government" and "Utilitarianism" J.S.Mill approached liberty as the basic human right; these are civil liberties and political liberties The ideas that he posed in the context of nineteenth-century England with the obvious changes of the economy of the industrialization period have led to changes in socio-political conditions It was the time when the economy was growing but it also contained very serious social conflicts Politically, the British government was in a state of panic over the way it operated in the face of public protests For the people, they basically lost their political liberty The elite in British society did not have the right to vote because of the overwhelming majority In essence, the majority was referred to here as the majority were manipulated by the authorities These were the historical conditions that shape J.S.Mill’s philosophical view on liberty In addition, the positivistic philosophy of A.Comte, J.Locke's liberal philosophy, the view of the highest development, the most harmonious of all human capacities as the goal of humanity of W Humboldt and A.Tocqueville's political thought are theoretical premisses, which are the backdrop for J.S.Mill's liberal philosophy From the historical conditions and theoretical premises, J.S.Mill's political philosophy formed and contributed to enriching the Western philosophical picture The forming process of J.S.Mill’s liberal view in philosophy has shown the moves of his thinking: from being a child prodigy to a brilliant philosopher, from the background standpoint to the later profound theories At the same time, those stages of movement, along with the transitions, also outlined a thought journey that J.S.Mill had experienced; to see his effort and hard work, to see the great enthusiasm that he dedicated to the struggle for individual and the whole society’s liberty Finally, the process of forming and developing liberal philosophy, J.S.Mill also revealed that his philosophy of liberty was based on his theoretical philosophy: Empiricism and sensationalism in the philosophical sense of English empathy and the ethical utilitarianism The ideal of J.S.Mill is to bring liberty to each person to gain prosperity for all and ultimately to achieve social progress He warned against the dictatorship of 24 the majority and claimed that there were limits to the exercise of public power over the individual Through the protection of liberty, J.S.Mill proposed a social model in which human liberty ứa not only guaranteed but also continually reinforced and promoted by the democratic state In that state, the ruler must agree with the people; their rights and will must be the interests and will of the people It must be a state model in which human liberty is most exercised In particular, J.S.Mill approached liberty not only as a political category but also as a cultural category, linked to ethics J.S.Mill’s advances have practical significance in terms of theory and practical activities in the present stage However, as a 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 Despite affirming the basis for limiting the power of social influence on individual behaviors is self-defense in order to ensure harmony, maximizing the interests of society and the individual, he did not indicate the limiting mode of state power in a scientific and systematic way J.S.Mill built liberty and liberal arguments on the principles of liberty, the principle of profits and harm which have many unreasonable points In particular, when discussing the principle of harm, J.S.Mill found that an act is considered an act of harm only if it affects the interests of others This was Mill’s convincing argument If an action affecting the interests of others is considered harmful, it will be extremely difficult to determine the boundary between harm and non-harm that individuals can cause to society There needs to be a clearer guarantee in the relationship between the individual and the society, or else it will be a hole for overly liberal behavior The principles that J.S.Mill set out ưere just the conditions, not all the conditions for a developed society with free individuals In addition, J.S.Mill set the standard for limiting the behavior of individuals to benefits, but he did not determine what benefits and solutions he chose to set out to build a good future for human beings It is merely through liberty of speech and human correctness Although some of these issues exist, it does not diminish the values of J.S.Mill's philosophy His view on liberty included many elements of progress that had a profound impact on the socio-political situation of contemporary England and were marked in the history of thought in general With convincing arguments, J.S.Mill's philosophy exuded the color of optimism He believed personal liberty will be the premise for the progress of society His beliefs and ideals are not unreasonable In what age, human beings always aspire to a life of liberty in which dignity and human rights are respected ... 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:... 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. .. 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