Durkheim’s theory of the development of law is a complex one, rich in detail and intertwined mazes of sociological bases to explain the role of law in society. He saw society as a separate entity from that of its individuals; as independent from the actions of the individuals…
Durkheim argued that even subjective phenomena such as suicide are objective social facts; it exists no matter whether an individual chooses to leave that society or not commit suicide himself.2 It is in the same light that Durkheim viewed the existence and functioning of law within a society, and it is this intricate concept which will be the focus of the paper.
Durkheim saw beyond law as a mere set of rules and regulations; he primarily expressed law as an assurance of a society’s fundamental values, as the moral values attached to individuals by individuals borne of human dignity. He assigned law the unifying value of society, calling it a ‘glorification…of the individual in general…sympathy for all that is human’.3 As a form of coercive power in society, law depicts society as a moral unit, and we feel the force of this coercive power when we deviate from it. Yet how can the members of a society co-exist with a set of moral values which are not a sum of its members’ individual values? It is as though Durkheim describes us a blank slates, upon which our entering into society is drawn a set of moral values by this separate entity – does this not undermine any autonomy that we could possess as individuals? How can it be a ‘collective common conscience’?4
Durkheim appears to have been at pains to reconcile the concept of moral values in society with its individual members. He explains that to view law as a culture enables us to thus reconcile these conflicting elements; law viewed as a body of beliefs and practices commonly held within a society causes the common conscience to exist interdependently with its members. The collective conscience is both a product of its individuals and a development of sociological laws as separate from individuals. It is split into two elements, which form it as a singular social phenomenon ...
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(Sociology of Law Essay Example | Topics and Well Written Essays - 2500 Words)
“Sociology of Law Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.net/miscellaneous/396909-sociology-of-law.
Contemporary Thought in Durkheim's Era & Division of Labor Durkheim begins his critique by justifying the concept of division of labor. This was a concept that had gained dominance and importance in his era. There were numerous concepts that had developed in relation to the renaissance and enlightenment in Europe that had affected dominant thinking during the industrial revolution.
While this has often been the case, in many instances, those who are punished, for example by being sent to prison, tend to finish off committing the same offenses for which they had previously been convicted. This has created a situation in the modern society where new and innovative ways have been developed to punish individuals who break the law.
Britain has differed in its socialist policies in comparison to the rest of Europe. This could be due to the difference in the attitudes of the Britons. The philosophy of the pre-war era, namely Webbs, George Bernard Shaw, James Kier Hardie and George Lansbury, discussed social welfare as not providing the needs of the people but their most basic rights.
The paper ends with a brief description of social crimes and their increasing popularity.
0.0 The Court Case: The case discussed refers to the Ontario Power Generation plant which is known for generating electricity to the neighboring areas. The normal procedure followed allows residents to sunbathe in the neighboring areas when the water levels are low.
One feature that is evident is that the penal spectrum involves a growing recourse of emotive and ostentatious punishments of varying kinds. However, one must not forget that such a move should be set against an enhanced continuity, and at the same time of a long-established trend towards bureaucratic rationalism (John Pratt, Emotive and Ostentatious Punishment, Abstract, Punishment and Civilisation, Vol.2, Sage Journals, 2000).
A discussion of justice fits into the theme of the papers discussion because of Durkheim definition of justice. Our concern is how law, morality and social solidarity have a relationship to Durkheim's accounts of these. Durkheim's accounts relate to the modern societies.
Max Weber is considered to be a founding father of modern sociology. Among the concepts of the theorist, his reflections on law have particular interests for this study. Observing Weber, law is a system of order achieved in a result of social convention between the society members. The law itself is a pure sociological concept, according to him.
and the modernization that occurs in societies and the determination of the universal social or even cultural mechanisms that hastens the process of changing society. (Dentler, 2002, p. 2).
In terms of culture, it is the study of the culture that signifies this group cultural
An autopsy, however, showed that William was murdered. Delbert confessed to have suffocated his brother, Bill to death with the authority of his two brothers. They termed their actions as a mercy killing.
The brothers were semi-illiterate and had strange
At the time of the study, the Medicaid program operated under a fee-for-service structure in which participating health care providers were reimbursed for services according to a fixed schedule (Tillman & Pontell 09).
The Medicare structure under study created the
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