Durkheim, Sociology of Law

Question 1

Characteristics

Answer 1

• due to Enlightenment period, science is now primary language of moral and political argumentation
• mostly concerned with how society is held together.

Question 2

Law as a social fact

Answer 2

• directly tied to the evolution of a society and its changing forms of social solidarity
• embodies society’s morals and norms
• two basic kinds of law: repressive and restitutive law

Question 3

Collective Consciousness

Answer 3

moral grid that shapes and allows individuals to exist as historical beings.

Question 4

Division of labour

Answer 4

how society members coordinate, organize and carry out different but integrated activities to sustain their livelihoods, has great influence over the moral fabric of the society

Question 5

Traditional Societies

Answer 5

1. small cohesive groups
2. strong, universal and repressive collective conscience
3. tasks divided simply (mechanical solidarity)
4. highly religious, conservative
5. inherently unstable, eventually replaced with organic solidarity.

Question 6

Modern Societies

Answer 6

1. specialized divisions of labour
2. increased pluralism
3. specialized institutions that regulate behaviour
4. restitutive law is dominant
5. organic solidarity

Question 7

Basic Crime

Answer 7

1. deviance is easy to spot
2. reminds community of shared values
3. deviant acts inspire indignation and reassure the ‘good’ members of society that their morality is acceptable
4. punitive, violent punishment

Question 8

Complex Crime

Answer 8

1. without crime, there is no sense of normal or abnormal
2. when deviance is punished, opportunity to publicize rules of society to all members.
3. pushing legal limits have been a catalyst for social change.
4. less punitive, less violent punishment. Restitutive law

Question 9

Criticisms of Durkheim

Answer 9

• not all crime is functional
• claims to be objective while imposing modern, middle class values
• focuses on macro structures, ignores what the individual thinks
• ignores race, gender, class

Question 10

Case Study: Florida High School Shooting

Answer 10

• mass shooting at Marjory Stoneman Douglas High school in Parkland, Florida
• 17 killed, 14 injured
• political aftermath resulted in survivor Emma Gonzalez speech rebuking the sentiment of thoughts and prayers after shootings
• several rallies have taken place across US with focus on legislative action.