Legal Reasoning and the Rise of Judicial Authority in Vietnam

Abstract Judges in Vietnam have increasingly been called upon by the state and society to resolve new social and economic problems. However, the expansion of judicial authority presents a problem for Vietnam’s authoritarian government, which wants courts that can resolve social problems without challenging state interests. This study draws on empirical research to explore whether judges in Vietnam’s authoritarian polity can harness legal reasoning to extend their authority. It uses a novel theoretical framework based on systems theory to understand how judges determine who is entitled to benefit from the law, which norms are appropriate to particular cases, and how such norms might direct them to reach decisions. Data from case studies and interviews with judges reveal that courts in Vietnam are increasingly using legal reasoning to manage the interaction between legal and extralegal norms, which is a decision-making process with the potential to expand judicial authority over socially significant disputes.