Customary law of the lach ethnic group in Lac Duong district, Lam Dong province and it's influence on modern life

Customary law of the lach ethnic group in Lac Duong district, Lam Dong province and it's influence on modern life

VIETNAM NATIONAL UNIVERSITY, HANOI INSTITUTE OF VIETNAMESE STUDIES

AND DEVELOPMENT SCIENCES

-

CAO THI THANH TAM

CUSTOMARY LAW OF THE LACH PEOPLE IN LAC DUONG DISTRICT, LAM DONG PROVINCE AND IT’S INFLUENCE ON MODERN LIFE

The thesis was completed in:

Institute of Vietnamese studies and development sciences

Vietnam national university, Hanoi

Scientific instructor: Assoc.Prof.Dr Lam Ba Nam

Reader 1:

Reader 2:

The thesis will be defended in the meeting of Thesis Council at the Institute of Vietnamese studies and development sciences, Vietnam national university, Hanoi

At …… o’clock on the date of……: Month………….: Year: 2012

The thesis can be found at:

Library and Information Center, Vietnam national University, Hanoi

Thesis-related publications:

1 Cao Thi Thanh Tam, Some thoughts from weddings ritual

among Co ho Lach group (Lam Dong), Social sciences of

the central region review, No 01, 2012, page 72 – 78

TABLE OF CONTENTS

INTRODUCTION 4

1 Reasons for research topic selection 4

2 Purpose of the research Error! Bookmark not defined.

3 Subject and scope of the research Error! Bookmark not defined.

4 Research methods Error! Bookmark not defined.

5 Contribution of the thesis Error! Bookmark not defined.

6 Thesis outline Error! Bookmark not defined.

REVIEW, OVERVIEW ON THE RESEARCH

LOCATION AND LACH ETHNIC

GROUP Error! Bookmark not defined 1.1 Background Error! Bookmark not defined.

1.1.1 Definition of Customary law Error! Bookmark not defined 1.1.2 Origins and basis of Lach customary law Error! Bookmark not defined.

1.2 Literature review Error! Bookmark not defined 1.3 Overview on the research location Error! Bookmark not defined.

1.3.1 Natural conditions Error! Bookmark not defined 1.3.2 Founding history Error! Bookmark not defined.

1.4 Typical feature of Lach group Error! Bookmark not defined.

1.4.1 Names, origin, residential history and

population facts Error! Bookmark not defined 1.4.2 Economic features Error! Bookmark not defined 1.4.3 Belief and religion features Error! Bookmark not defined 1.4.4 The traditional social organizations Error! Bookmark not defined.

1.5 Sub-conclusion of Chapter 1 Error! Bookmark not defined.

CHAPTER 2 CUSTOMARY LAW OF THE LACH

ETHNIC GROUP IN LAC DUONG

DISTRICT, LAM DONG PROVINCE Error! Bookmark not defined 2.1 Forms of the Lach customary law Error! Bookmark not defined 2.2 Content of the Lach customary law Error! Bookmark not defined.

2.2.1 Ways of trial and punishments in the Lach

customary law Error! Bookmark not defined 2.2.1.1 Ways of trial in the Lach customary law Error! Bookmark not defined 2.2.1.2 Punishments in the Lach customary law Error! Bookmark not defined

2.2.2 Customary law of the Lach ethnic group and

some contents related to life Error! Bookmark not defined.

2.2.2.1 “Norms” of Lach customary law as to

people's behavior toward natural environment Error! Bookmark not defined.

2.2.2.2 The Lach customary law and community

institutions Error! Bookmark not defined.

2.2.2.3 The Lach customary law on marriage and

family Error! Bookmark not defined.

2.2.2.4 The Lach customary law on ownership and

inheritance of property Error! Bookmark not defined 2.2.2.5 The Lach customary law on civil disputes Error! Bookmark not defined.

2.3 Comparison of the Lach customary law with that

of other ethnic groups in other places in Lam Dong

province Error! Bookmark not defined.

2.3.1 Similarities Error! Bookmark not defined 2.3.2 Differences Error! Bookmark not defined.

2.4 Sub-conclusion of Chapter 2 Error! Bookmark not defined.

CUSTOMARY LAW IN LAC DUONG DISTRICT,

LAM DONG PROVINCE ON MODERN LIFE Error! Bookmark not defined.

3.1 Changes of the Lach customary law in Lac

Duong district, Lam Dong province on modern life Error! Bookmark not defined.

3.1.1 Causes of changes Error! Bookmark not defined.

3.1.2 Changes of Lach customary law in Lac

Duong district, Lam Dong province on modern life Error! Bookmark not defined.

3.2 Role and disadvantage of the Lach customary

law in Lac Duong district, Lam Dong province on

modern life Error! Bookmark not defined.

3.2.1 Role Error! Bookmark not defined 3.2.2 Disadvantage Error! Bookmark not defined.

3.3 Sub-conclusion of Chapter 3 Error! Bookmark not defined CONCLUSION Error! Bookmark not defined REFERENCES Error! Bookmark not defined.

ANNEX………

.……….110

INTRODUCTION

1 Reasons for research topic selection

Lach people is one of the local ethnic group of Co ho ethnic goup This is one of the local group contains many typical cultural values, including customary law (N’ri) 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 However, the modern life in the globalization

is currently penetrating in every corner even 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 people in particular are also in the threat of fade From the reality, we

select “Customary law of the Lach people 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 the best possibility, a real picture of Lach people’s customary law for the purpose of preserving one of the traditional cultural values of Lach people in front of the fading threat

2 Purpose of the research

Research this topic, we would like to introduce, at our best knowledge, the customary law of Lach people in every expressing forms and contents

Besides, via analysis of the law, we also wish to discover roles and limitations of Lach people’s traditional customary law in the

present life in order to identify the advantages to encourage as well as the restrictions to be dismissed

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 the Lach customary law for the sustainability of one

traditional culture of Lach people

3 Subject and scope of the research

Research subject: The research subject is Lach group

belonging to Co ho ethnic group

Research spatial scale: The research will be mainly carried out

in Lac Duong District where Lach group mainly resides; special attention will be paid to Lat commune and Lac Duong Town

Research chronological scale: The research content is limited

in the period from 1975 to present

4 Research methods

Research on this topic, we use the method: synthesis - analysis, practical fieldwork, comparison – compare, etc

5 Contribution of the thesis

The research shall provide precise information of scientific values, which can be used as a reference in study and teaching issues related to minor ethnic groups

Via some proposal and suggestion of the topic, hopefully, the author can help the local authority in making suitable policies to preserve and develop the cultural values of Co ho people customary law in general and that of Lach people in particular

6 Thesis outline

Besides the Introduction, Conclusion, Reference and Appendices, the thesis focuses on resolutions of the issues in 03 chapters:

Chapter 1: Background, literature review, overview on the

research location and Lach people

Chapter 2: The customary law of Lach people in Lac Duong district, Lam Dong province

Chapter 3: Effects of the Lach customary law in Lac Duong district – Lam Dong province on modern life

CHAPTER 1 BACKGROUND, LITERATURE REVIEW AND OVERVIEW

ON THE RESEARCH LOCATION AND LACH PEOPLE 1.1 Background

1.1.1 Definition of customary law

Discussing on definition of customary law, there are many

different ideas, such as: According to Prof., Ph.D Ngo Duc Thinh,

customary law is a unique form of folk knowledge, including unwritten social standards and conventions (and in some cases, written such as Thai’s customary law, Viet’s village rules), forming

in the long history of each community via the behavioral experiences

to natural and social environment, transferred from one generation to the other by oral communication in order to instruct, adjust and stabilize the social relationships (among individuals, between individual and community and between one community with the others) It is accepted by the entire community, creating unity and conservative structure of each community

+ Structure, functions and classifications of customary law

The structure of customary law is fairly simple, including two main parts namely criminal hypothesis and penalty framework Customary law plays a vital role of society managing and controlling instrument; or in other words, instructing, adjusting, stabilizing the social relationships (among individuals, between individual and community and between one community with the other) in order to enhance and integrate members in the village and hamlet, providing the basis for a harmonic, humane, supportive shared life for a development of human’s dignity

There are two ways to classify customary laws One is based

on the existing form of the customary laws and the other is pertaining

to the level of development of customary laws

+ Relationship between customary law and customs, convention and law

Discussing on customary law, it is required to mention to the relationship between customary law and custom and law Customary law carries the characters of law (stipulation on criminal behavior, crimes, evident, justice and penalties, etc.) On the other hand, it is figured with the characters of customs (conventions and ethic advice

to instruct people’s behaviors, create public opinion to adjust people’s behaviors) Therefore, customary law is an early form of pre-law Due to the vague border between these two forms, distinguishing can only be made relatively

1.1.2 Origins and basis of the Lach customary law

+ Origins

Similar to some mono ethnic groups, Lach customary law is formed spontaneously, standardized and widely recognized in the

community via the relationship and cultural life style of the residents Lach customary law was formed and tempered from the cultural and humane values of Lach community during their process of discovering and conquering nature together with living, resisting and surviving experiences Moreover, a part of customary law was also quoted from epic (related to the concept that Ndu genie created the sky and the earth), combining the customs and routines in daily life, maintained and spreaded by the words of mouth form thousands of years ago of the native resident of Truong Son – High Land in general and Lach people in particular

1.2 Literature review

Referring to the culture of Lach people (Co ho ethnic group)

there is a lot of work to be announced Significantly such as “Ethnic

issues in Lam Dong” (1983) edited by Ass Prof Ph.D Mac Duong,

“Lat people in Da Lat” by Nguyen Hong Nhat, “Da Lat – The

Highland city” by Truong Tro (editor), “Co ho Ethnic group in Vietnam” (2003) by Ph.D Bui Minh Dao; and the “Co ho People in Lam Dong” (2005) edited by Phan Ngoc Chien, “Some cultural characters of the minor ethnic groups in High Land in Lam Dong”

(2005) by various authors, published by the Lam Dong Department

of Culture, etc brought the readers much valuable data on the picture

of traditional culture of Lach people on various aspect such as history, economic practice, religion, ect

About customary law of Lach people, significantly such as

“Comprehend customary law of the the ethnic groups in Southern Highland” edited by Prof Ph.D Ngo Duc Thinh and “K’ho Lach Customary law” (2010) by Krajan Plin Nonetheless, there is no

comprehensive, systematic and specific study on Lach’s customary

law Therefore, with “Customary law of Lach people in Lac Duong

district, Lam Dong province and it’s influence on modern life”, we

wish to introduce our knowledge on Lach’s customary law based on collection and analysis of the related contents to Lach’s people in this area and simultaneously, the changes under the effects of the market economics and the cultural exchange and integration amongst the nations

1.3 Overview on the research location

1.3.1 Natural conditions

Lac Duong is a mountainous district located in the North of Lam Dong province, which is 12 km far from Dalat center The natural area of the entire district is 130,963.04 hectare Lac Duong possesses complicated ground features with 3 major terrains: high mountains, medium to low hill and valley There are two clear seasons in a year: Rain season and dry season

1.3.2 Founding history

In 1899, present Lac Duong belonged to Dong Nai Thuong Undergoing many historical ups and downs, currently Lac Duong district consists of 6 administrative units, in which there are 5 communes of Lat, Da Sar, Da Nhim, Da Chais, Dung K’No and Lac Duong town

1.3.3 Demographic features and religious spiritual life

+ Demographic features

Before XX, Lac Duong had been a deserted mountainous area where few minor ethnic people resided in village unit Currently, total population of Lac Duong district is 19,298 with population density of 15 people/km, including Kinh group and other 19 minor ethnic groups most of which are Co ho people

In Lac Duong district, people follow 3 main religion, namely Buddhism, Catholism and Protestant

1.4 Typical feature of Lach group

1.4.1 Names, origin, residential history and population facts

Lach people have many different names such as Làc, Lạt, M'Lates Discussing on the origin of Lach people, there are two hypotheses The fisrt one indicated that this group and other local groups of Co ho tribe such as Sre, Co Don, Cil, Nop, etc.) are parts of M’nong residents at South Daklak The second hypothsis that Lach and Cil people are Lac Viet people, fleeing from Northern reign, staying too far from their fatherland without any contact and finally becoming minor ethnic group The above hypotheses weren’t based

on any reliable facts, which need further study

About residential history of Lach people, before 20th century, Lach people often lived in the area surrounding Dalat city Undergoing many historical ups and downs, at present, Lach people chiefly live in Lat commune and Lac Duong town (Lac Duong district) and others live in Ta Nung commune, Măng Lin hamlet (Ward VII) in Dalat city, Tan Van commune (Lam Ha district), Hiep

An commune (Duc Trong district) in Lam Dong province

The Lach’s population is 4.371 people and 1.6 times higher than that in 1993

1.4.2 Economic features

The traditional economy of the Lach people is the sufficient economy and water-rice cultivation is considered as the main economy In addition, activities of breading, hunting, gathering, traditional handicrafts, trading exchanges still play an important role

self-in their lives