Émile Durkheim

Question 1

What role does law play in Durkheim’s ‘social solidarity’?

Answer 1

Law has a central role in the transition from mechanical to organic solidarity

Law = Expression of the conscience collective, needed to avoid a state of anomie

Question 2

What are the 2 types of social solidarity?

Answer 2

1. Mechanical

2. Organic

Question 3

Explain mechanical solidarity.

Answer 3

• Found in simple, homogeneous societies
• Collectivism: Uniformity of values and lack any significant division of labour
• Repressive law: Essentially penal

Question 4

Explain organic solidarity.

Answer 4

• Found in societies with considerable differentiation
• Individualism: Developed division of labour, so strong degree of ‘interdependence’
• Restitutive law: Includes civil law, procedural law, major parts of constitutional and administrative law

Question 5

What does Durkheim believe of the r/s between law and morality?

Answer 5

Law and morality virtually synonymous

• Law is derived from and is an expression of society’s morality

Question 6

Explain Durkheim’s conception of crime.

Answer 6

• Act is ‘criminal because it shocks the common conscience’

* Function of punishment: Vengeance and necessary ‘acts of defence’

Question 7

What are the 2 types of criminality?

Answer 7

1. Religious
   • Acts ‘directed against collective things’
   • Deserves more severe punishment
   • Common in mechanical solidarity
2. Human
   • Acts ‘which only injure the individual’
   • Deserves less severe punishment
   • Common in organic solidarity

N.B. A sense of utilitarian thought?

Question 8

What are some key critiques of Durkheim’s thought on SOCIAL SOLIDARITY?

Answer 8

1. Inaccurate understanding of society’s historical development: Theoretical understanding of primitive societies that empirical evidence can refute
2. What about intermediate stages between mechanical and organic solidarity?

Question 9

What are some key critiques of Durkheim’s thought on MORALITY?

Answer 9

1. Neglects extent to which morality and law often conflict

2. Problematic concept of State as an expression of collectivity and merely a means by which offenders are punished

Question 10

What are some key critiques of Durkheim’s thought on CRIME?

Answer 10

1. Concept of punishment’s retributive features could be reductive and ignorant of deterrent/rehabilitative/reformist aspects
2. Punitive aspect of civil law neglected + Growing intrusiveness of crimlaw in other areas unexplained
3. Basis of distinction between the 2 types of criminality questionable (e.g. on what grounds is an act treated as an attack on the collective?)

Question 11

What is anomie?

Answer 11

State of normlessness where common bonds (e.g. ethical standards) have weakened without new norms having emerged to guide societal expectations

Question 12

What happens when there is anomie?

Answer 12

More deviance (e.g. suicide) and psychological statuses of worthlessness, frustration, lack of purpose and despair