Durkheim and Punishment Flashcards
(20 cards)
what were the social changes happening in France?
fear of growing crime and a societal breakdown
what does Durkheim consider when looking at punishment and crime?
Functionalism - the underlying function of crime and punishment in relation to wider society
what does Durkheim suggest about crime?
It isn’t damaging to society, it performs a social function (a normal part of society)
What did Durkheim argue punishment is not for?
Punishment is not a rational tool for reform or deterrence; it does not “cure” crime.
What social function does punishment serve according to Durkheim?
It expresses society’s collective outrage; it’s a passionate, moral reaction that reinforces social norms.
What did Durkheim mean by punishment being a “passionate reaction”?
Punishment is society’s emotional and moral response – a form of vengeance and expiation.
Who is punishment directed at according to Durkheim?
honest people, reaffirming their belief in moral rules. - remind them of their moral beliefs
What does punishment do in society?
maintains social cohesion by reinforcing the common consciousness.
What did Durkheim argue happens to punishment?
It becomes less intense as society develops
What type of solidarity exists in simple societies?
Mechanical solidarity – based on sameness and shared moral values.
What type of law is dominant in simple societies?
Repressive law – harsh punishments for violating deeply held norms
Why were punishments harsh in simple societies?
To reaffirm collective values through public, emotionally charged punishments like torture and execution.
What type of solidarity exists in complex societies?
Organic solidarity – based on interdependence due to the division of labour.
How does punishment change in complex societies?
It becomes more lenient (e.g., fines, restitution) and less about vengeance.
What is the dominant form of law in complex societies?
Restitutive law – aims to restore balance, reflecting individualism and rationality.
Did Durkheim believe repressive law disappeared completely?
No – he later argued that repressive elements still remain
Is punishment expressive or instrumental in function?
Expressive – it communicates and reinforces moral values, rather than merely deterring crime.
What Durkheimian idea is reflected in the ritualistic nature of courts?
The expressive and emotional nature of punishment – courts use symbolic language, formal dress, and ritual to reinforce shared values
How do court symbols (robes, architecture) link to Durkheim?
They resemble sacred rituals that maintain collective consciousness – like religious ceremonies, reinforcing law’s moral authority.
What is a ‘punitive display’ in politics and how does it relate to Durkheim?
Politicians use punishment symbolically to appeal to public fear and moral outrage – a modern form of social solidarity through punishment.
