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Sociology of law - Essay Example

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Division of labor, according to Durkheim was justified by the separation of religion from philosophy and the justification of situations by science and empirical facts. Lynching and the use of force against Black people in America and South Africa in this era was mainly based on the concept of racial superiority and the inferiority of Black people. This conception was of course not supported by scientific proof except for a few concepts and ideas that were supported by emotions and sentiments. There was absolutely no scientific basis. On this grounds, the concept of division of science and empirical facts was a justified method of analyzing situations like the status of Black people and the formulation of relevant laws to protect them under the laws. Social Division in America Durkheim moves the concept of the division of labor further by stating that people were individualistic in nature and also acted collectively as a whole. This means that although people are unique in their actions and behavior there were some collective tendencies that put people into social groupings. Based on this conception, it can be noted that individuals were organized into group. He justifies this by stating that every organism in nature functioned on some form of division of labor. He relates it to the society by stating that there are various units in society that make up the entire nation. Also, each group had a different conception of life and they had different perceptions about other people and how they should be treated by different groups in the country. In the case at hand, it was realized that there lynching and mob attack was structured on the basis of social classifications rather than individual action. The decision to recognize the voting rights of Black Africans by the ruling elite of America in the 1890s had implications for various social groups in the country. There were implications for small farmers and farm laborers when the Black people were allowed to plant for White plantation owners as sharecroppers. This was quite hard to take and the organization of riots and mob actions was a way of venting out on different groups that were seen to be against a particular group. However, Durkheim argues that there is the need for morality to persist and also, every group in American society has a separate role to play in national development. This is true because all the groups of migrants who had lived in America had lost their legitimacy and rights in their former nations. This therefore meant that they all had the entitlement to earn some kind of livelihood even if they were denied a share of the 'American Dream'. It therefore implies that each group, no matter how degraded they might be in the eyes of other groups, had to be given the necessary liberties to set up occupations and earn a living through their trade. Social groups, have always existed and they will continue to exist. Human beings are different from each other by race, culture, economic status and a myriad other social categorizations. This therefore means that the argument of Durkheim is very much valid and can be upheld with the most empirical evidence before, during and after his era. Durkheim goes on to argue that the division of institutions in government means that there should be some ...Show more
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Summary

Your Name Professor David Greenburg Name of Course Date Division of Labor & Racial Violence in America & South Africa This paper examines the concepts and ideas put forward by Durkheim in relation to the concept of Division of Labor in Society. It relates Durkheim's concepts with the concept of lynching and racial violence in America in the late 1800s as narrated in the case study…
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