VIETNAM NATIONAL UNIVERSITY, HANOI INSTITUTE OF VIETNAMESE STUDIES AND DEVELOPMENT SCIENCES ----------------------- ----------------------- CAO THI THANH TAM CUSTOMARY LAW OF THE LACH ETHNIC GROUP IN LAC DUONG DISTRICT, LAM DONG PROVINCE AND IT’S INFLUENCE ON MODERN LIFE MAJOR THESIS OF VIETNAMESE STUDIES CODE: 60 31 60 Supervisor: Assoc. Lam Ba Nam Hanoi, 2012 TIEU LUAN MOI download : skknchat@gmail.com UNDERTAKING I hereby undertake the topic of dissertation is the result of my personal research. The materials of others have been quoted origin clearly. I take full responsibility for this undertaking.
AUTHOR Cao Thi Thanh Tam TIEU LUAN MOI download : skknchat@gmail.com ACKNOWLEDGEMENT To complete this thesis, we would like to express our gratitude to the teachers of Vietnam National University, Hanoi in general, the Institute of Vietnamese studies and Development Sciences in particular, have taught and supported dedicatedly for us during the 2009 -2011 academic courses. We especially would like to thank to Assoc. Lam Ba Nam - teacher directly guided me during implementing this thesis. We would like to thank the people in Lac Duong district - Lam Dong province, who have provided us with valuable real material during the actual fieldwork.
At the same time, we also thank to aunts and uncles of the People's Committee of Lac Duong district haved provided us with data and information to illustrate the subject. We sincerely thank aunts and uncles, belonging to: -The Resource Center of the Institute of Vietnamese studies and Development sciences - Hanoi National Library, the Library of Dalat University - Cultural and Information Department of Lam Dong, the Library of Lam Dong province Have created favorable conditions for us in collecting and researching materials to complete the dissertation. On this occasion, we also would like to express gratitude for family, friends - who encourage, motivate and help us during the learning process and completing this thesis. Sincere thanks! Hanoi, 2012 AUTHOR TIEU LUAN MOI download : skknchat@gmail.com LIST OF ACRONYMS No.Prof Associate Professor 2 MA Master 3 Pg page 1 TIEU LUAN MOI download : skknchat@gmail.com LIST OF TABLES No.
TABLE NAME SOURCE Population in terms of ethnic group and Statistic Office of Lam Dong province 1.1 gender dated on April 1, 2009 of Lac Duong district. Statistics of religious association in Lac General Council of Lac 1.2 Duong district in 2010 Duong People’s Committee Public Security of Lac Duong town, Lat Lach people in Lam Dong province as of commune, Head of 1.3 April 15,2011 Mang Lin, K’ren and Tan Lin hamlets 2 TIEU LUAN MOI download : skknchat@gmail.com TABLE OF CONTENTS INTRODUCTION. Reasons for research topic selection. Purpose of the research.
Subject and scope of the research. Contribution of the thesis. BACKGROUND, LITERATURE REVIEW, OVERVIEW ON THE RESEARCH LOCATION AND LACH ETHNIC GROUP. Definition of Customary law.
Origins and basis of Lach customary law. Overview on the research location. Typical feature of Lach group. Names, origin, residential history and population facts.
Belief and religion features. The traditional social organizations. Sub-conclusion of Chapter 1 .35 3 TIEU LUAN MOI download : skknchat@gmail. CUSTOMARY LAW OF THE LACH ETHNIC GROUP IN LAC DUONG DISTRICT, LAM DONG PROVINCE.
Forms of the Lach customary law. Content of the Lach customary law. Ways of trial and punishments in the Lach customary law. Ways of trial in the Lach customary law.
Punishments in the Lach customary law. Customary law of the Lach ethnic group and some contents related to life. “Norms” of Lach customary law as to people's behavior toward natural environment. The Lach customary law and community institutions.
The Lach customary law on marriage and family. The Lach customary law on ownership and inheritance of property. The Lach customary law on civil disputes. Comparison of the Lach customary law with that of other ethnic groups in other places in Lam Dong province.
Sub-conclusion of Chapter 2. EFFECTS OF THE LACH CUSTOMARY LAW IN LAC DUONG DISTRICT, LAM DONG PROVINCE ON MODERN LIFE. Changes of the Lach customary law in Lac Duong district, Lam Dong province on modern life. Causes of changes .79 4 TIEU LUAN MOI download : skknchat@gmail.
Changes of Lach customary law in Lac Duong district, Lam Dong province on modern life. Role and disadvantage of the Lach customary law in Lac Duong district, Lam Dong province on modern life. Sub-conclusion of Chapter 3 .110 5 TIEU LUAN MOI download : skknchat@gmail. Reasons for research topic selection Lam Dong province has been long well-known for its capital city of Dalat, a poetic city covered with flowers and fog all year round.
It is also the fatherland. The province used to be the home land of several indigenous ethnic minority groups such as Ma, Co ho, Chu ru, M’nong, etc. Amongst the long-standing residents of the province, Co ho community predominates in terms of population1. Currently, the population of Co ho community reaches 166.
Co ho ethnic group consists of various local subgroups such as Lach, Sre, Co Don, Cil, Nop, etc. Among these subgroups, ethnic Lach is proud to be the community living on the legendary, epic land of Langbiang and the owner of ancient Dalat. Discussing on traditional culture of Lach, it is a lack not to mention a cultural aspects which holds special values – customary law (Nri). Oral customary law, generated in an undifferentiated society in term of class, sophisticatedly influenced by matriarchy, though it had never been recorded in any document, just as any other ethnic group in Truong Son – High Land area, sustain an incredibly latent and powerful vitality in present life.
In oral customary law of the minor ethnic groups in Truong Son – Highland area in general and those of Lach ethnic group in particular, it is always possible to 1 According to results of population survey conducted in 1999, there was 996, 221people in Lam Dong province. Beside Viet ethnic group, there were 12 minor ethnic groups, in which Co ho ethnic group occupies 112,373 people (in 128,723 Co ho people nationwide), accounting for 11.2% population of the entire province. Ma ethnic group follows with population of 25,289 people (accounting for 5. Then come M’Nong ethnic group of 9,679 people (0.98%) and Chu ru with 14,579 people (2,5%.
2 According to General Statistic Office, “General Demographic survey in 2009”, Statistics Publisher, Hanoi, 2009. 6 TIEU LUAN MOI download : skknchat@gmail.com find stipulations in every aspect of human’s life, from behavior towards the environment and to the matter of property, from organization and institutions to social relations such as marriage and family relationship, from folk beliefs to the ritual system, etc. However, the modern life in which globalization is currently penetrating in every corner even that of a distant area has brought not only benefits but also negative impacts, says, the collapse of traditionally cultural values. Amongst those values, customary law of Vietnamese minor ethnic groups in general and those of Lach ethnic group in particular are also in the threat of fade.
What should be done to help the minor ethnic groups in general and Lach ethnic group to keep paces with the modern life and socio-economic growth yet still sustain and develop their unique cultural characters? This is also an issue in concern of Vietnam Communist Party and Vietnam State. In the Fundamental Guideline in developing the country in the transition period to Socialism passed in 10th National Congress [12, pg.75] (in January 2011) of Vietnam Communist Party, a consistent orientation, which was once more confirmed, is “Build and develop an advanced culture with strong national identity”. It is a sought orientation for integrity of growth and tradition because it is the tradition that generates national power along the national establishing and defensing history in the past, in the present and in the future. From the reality, we select “Customary law of the Lach ethnic group in Lac Duong district - Lam Dong province and it's influence on modern life” as the research topic for our graduation thesis of Vietnamese study major.
Hopefully, via the interdisciplinary and multidisciplinary approaches, this thesis shall restore, at best possibility, a real pictures of Lach ethnic group customary law for the purpose of preserving one of the traditional cultural values of Lach ethnic group in front of the fading threat, contributing to the 7 TIEU LUAN MOI download : skknchat@gmail.com success of “wealthy people, powerful nation, democratic, equal and civilized society” target set by the Communist Party. Purpose of the research Research this topic, we would like to introduce, at our best knowledge, the customary law of Lach ethnic group in every expressing forms and contents. Besides, via analysis of the laws, we also wish to discover roles and also limitations of Lach ethnic group’s traditional customary law in the present life in order to identify the advantages to encourage as well as the restrictions to be dismiss. On the other hands, because the customary law exists in the oral forms (which face the threat of loss), we would list what currently survives, what has been changed and lost and as well propose some personal opinions to preserve and develop the positive values of Lach customary law for the sustainability of one traditional culture of Lach ethnic group.
Subject and scope of the research Research subject: The research subject is customary law of the Lach ethnic group and it's influence on modern life. Research content of the topic concentrates on demonstrating issues related to forms and contents of Lach customary law. Consequently, roles and restrictions of Lach customary law are also defined. Moreover, we would also initially survey on the implementation of customary law in Lac Duong district at present and the changes of Lach customary law under the impact of various factors such as socio-economic growth, co-residence and cultural exchange amongst the ethnic groups, etc.
Research spatial scale: The research will be mainly carried out in Lac Duong district where Lach group mainly resides. In Lac Duong district, 8 TIEU LUAN MOI download : skknchat@gmail.com special attention will be paid to Lat commune and Lac Duong town. Besides, we will also conduct research on Lach customary law in Mang Lin hamlet, Ward VII and Ta Nung Commune in Dalat city. Research chronological scale: The research content is limited in the period from 1975 to present because not until the unity of the nation, hardly had all ethnic groups in Vietnam shared orientation of developing a nation in accordance with socialism pertaining to new culture.
Since then, the ethnic guidelines of the Communist Party and Vietnam State started to be launched nationwide, leading to the dramatic changes in economic, society and culture in the area of minor ethnic in general and that of Lach in particular. Research methods On studying this topic, firstly, we refer to some documents and writings of some precedent researchers and scholars realated to customary law of the minor ethnic groups in general and those of Lach ethnic group in particular in order to have a fundamental background for the purpose of this research. Topic “Customary law of the Lach ethnic group in Lac Duong district , Lam Dong province and it's influence on modern life” mainly belongs to interdisciplines of ethnology and jurisprudence; therefore, ethnic fieldwork is ineveitable. Other methods such as observation, retrospective interviews, direct profound interview and sociologist survey with the facilitation of technical equipments such as camera, recorder for the complete recording of the information during the work are considered the major methods employed to collect and capture the highly reliable data.
Methods observe competed as observed in which riders observed directly involved in the activities of those who are observed. 9 TIEU LUAN MOI download : skknchat@gmail.com In-depth interview method is the dialogue is repeated between researchers and people who provide information to learn life, experiences and perceptions of who provides information through the language of the time.