Durkheim

Question 1

What are the two main types of law, according to Durkheim?

Answer 1

1. Repressive Law - aims to suppress disagreement and enforce conformity; enforced through retributive justice
2. Restitutive Law - aims to restore the previous status quo; upheld through compensations and reinstatement of rights

Question 2

What is the true purpose of a law, according to Durkheim?

Answer 2

To maintain social cohesion by reinforcing shared rules

Question 3

What is the division of labor, according to Durkheim?

Answer 3

The specialization of people in different tasks caused by the growing complexity of societies, and leading to interdependence rather than uniformity.

Question 4

What are the 2 types of relations, according to Durkheim?

Answer 4

1. Negative Relations (Pure Absention) - people are expected to leave each other alone
2. Positive Relations (Cooperation)

Question 5

What are the 2 types of social solidarity, according to Durkheim?

Answer 5

1. Negative Solidarity - social relation based on abstention; without direct interaction
2. Positive Solidarity - based on interdependence; with direct interaction

Question 6

What are the kinds of rights, according to Durkheim?

Answer 6

1. Real Rights - rights over things
2. Personal Rights - right between persons

Question 7

What are the 2 types of real rights?

Answer 7

1. successoral right - right to inherit something
2. preferential right - first claim on something

Question 8

What is the difference between justice and charity, according to Durkheim?

Answer 8

Justice is the regulation of the distribution of functions and rights. Charity is going beyond what is legally required, a moral impulse that binds people beyond justice.

Question 9

What are the systems of restitutive law?

Answer 9

1. Domestic Law - determination of the manner in which the different familial functions are distributed
2. Contract Law - juridicial expression of cooperation
3. Commercial Law - contracts specific to business
4. Procedural Law - comprises the rules by which the courts determine what happens in civil, lawsuit, or criminal proceedings
5. Administrative Law - broadly pertains to issues considered administrative
6. Constitutional Law - serves as a legal framework for laws operating on a national level

Question 10

What are the 2 types of positive solidarity, according to Durkheim?

Answer 10

1. Mechanical Solidarity -
   arises from shared beliefs, values, and a strong sense of common identity; small scale societies
2. Organic Solidarity - arises from the interdependence of individuals in a society with a highly developed division of labor