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Division of Labour, Crime and Punishment

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Kelsey Willer

on 28 October 2014

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Transcript of Division of Labour, Crime and Punishment

Division of Labour, Crime and Punishment
Emile Durkheim
- Born on April 15, 1858
- Died November 15, 1917
- Durkheim was born in Epinal, France
- Came from a long line of devout French Jews
- He began his education in a rabbinical school, but decided at an early age not to follow his family and switched schools.
- Durkheim entered the École Normale Supérieure (ENS) in 1879.
Durkheim Continued
The Division of Labour
Durkheims research questions
- In his book the division of labour he attempts to answer his research question of:
1. how can it be that the individual, while becoming more autonomous depends more heavily on society?
2. how can he be at the same time both individual and more socially intergrated?
Mechanical vs. organic solidarity
- Mechanical solidarity connects the individual to society without any intermediary.
i. In mechanical solidarity society is more or less organized. All the members hold common beliefs and sentiments.
ii. Mechanical solidarity “can be strong only to the extent that the ideas and inclinations common to all the members of the society are greater in number and intensity than those which belong personally to each of them; the greater the excess the stronger the solidarity,” (P47)



- In the division of labour in society Durkheim attempts to determine what is the basis of social solidarity in society and how this has changed over time.
- While this book may seem incomplete of inadequate today, it is a major park of Durkheim's sociological approach.
Organic solidarity can be explained, as society is a set of different functions that come together by definite relationships.
i. Each person has their own distinct job or action of their own. They posses their own personality and they grow when society grows.
ii. “The individuality of the whole increases at the same time as the individuality of its parts; the society becomes more capable of collective movement, at the same time as each of its elements has more freedom of movement of its own. This resembles the solidarity that is observed in higher animals. Each organ, in fact, has its special characteristics, its autonomy, and yet, the greater the unity of the organism, the more marked is the individuation of its parts,” (P48).


Law being the "visible symbol of solidarity
- “The visible symbol is law. In fact wherever social solidarity exists, despite its immaterial quality, it manifests its presence by palpable effects, rather than remaining in a state of pure potentiality,” (P35).
“The number of these relationships is necessarily proportional to the number of judicial rules which determine them. Indeed, wherever social life has a durable existence, it is inevitably tends to assume precise forms and to be organized, and the law is nothing other than this very organization in its most stable, most precise form. The general life of the society cannot be extended unless the judicial life is extended at the same time and in direct relation to it. We can thus be sure of finding all the essential varieties of social solidarity reflected in law,” (P35).


How does the division of labour grow?
How does the division of labour grow?
1. Direct ration of the ‘Dynamic or moral density’ of a society.
2. This is done in three main ways.
- Populations of lower societies are spread across large areas, in more advanced societies where the population is concentrated.
- The creation of cities.
- The factor of the number and speed of methods of transportation and communications. (P51).
3. “The division of labour varies in direct ratio with the volume and density of societies, and, if it progresses in a continuous way through out the course of social development, it is because societies regularly became denser and generally increase in volume,” (P51).

He graduated with a degree in philosophy in 1882
from 1882 to 1887 he taught philosophy at several provincial schools
In 1885 he left for Germany, where he studied sociology for two years
-Durkheim became interested in a scientific approach to society very early on in his career
-The first of many conflicts with the French academic system, which had no social science curriculum at the time

In 1893, Durkheim published his first major work, The Division of Labor in Society, in which he introduced the concept of "anomie", or the breakdown of the influence of social norms on individuals within a society.
Two types of laws
-“The most widespread is the classification into public and private law; public law is supposed to regulate relationships between the individual and the state, and the private law between individuals,” (P38).
-All law is private, in the sense that it is always and everywhere concerned with individuals who are both present and acting; but all law is primarily public, in the sense that it is a social function, and that all individuals are, in different ways, functionaries of society,” (P38).
Two types of sanctions
Repressive sanctions, or penal law, is the first type and consists of “imposing some suffering, or at least some disadvantage, upon the offender; the purpose is to diminish his fortune, his honour, his life or his freedom.” (P38)
The second being restitutive sanctions or civil law and it tries to restore the relationships that where disturbed from a normal form by a crime that was committed. “Restoring the previous state of affairs” (P38)

Questions
Question #1
Can we brain storm any examples of this? How can we can the law creating solidarity in today’s world?
Question #2
Do you believe that laws shape crime or does crime shape the kind of laws a society holds?
a. “If the division of labour does not produce solidarity, it is because the relationships between the organs are nor regulated; they are in a state of anomie,” (P56).
b. Anomie is when society provides little guidance to its members. This leads to a breakdown of social bonds between the individual and its society. The members or individuals then start to reject regulations that have been set in place.

Anomie
Question #3
a. How has the state of anomie lead to class wars? Does anomie lead to forced division of labour or is it a result?
Full transcript