Study questions 1 - Legal Studies 170- Crime and Criminal...

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Legal Studies 170- Crime and Criminal Justice Summer 2008 Prof. Richard Perry Stephen Galoob- GSI Crime and Criminal Justice Fall 2008 Professor Perry GSI- Stephen Galoob Study Questions I Durkheim- On the Division of Labor in Society •According to Durkheim, what is the relationship between law and social solidarity? •Does Durkheim think it is possible to have social organization without law? Can you think of any good examples of (or relevant counterexamples to) Durkheim’s claim? •Durkheim says that “normally customs are not opposed to law; on the contrary, they form the basis for it.” [12] What does this claim mean? Is it sound? •According to Durkheim, why are the approaches by moralists and psychologists to the study of social solidarity inadequate? •According to Durkheim, why are approaches of “jurisprudents” to the study of law inadequate? What alternative does Durkheim propose? What are the strengths and limitations of Durkheim’s alternative proposal? •What are the two types of sanctions that Durkheim describes? Is his distinction logically sound? Does it adequately describe contemporary law? •According to Durkheim, what do all crimes have in common? What is Durkheim’s methodology in determining the commonality of criminal law? Is this methodology good? •According to Durkheim, what two purposes are served by codifying laws? •Is Durkheim correct that criminal law “says nothing about the ability to which [punishment] relate[s]?” •According to Durkheim, how do the collective sentiments implicated by criminal law differ from other collective sentiments? •On Durkheim’s view, how is criminality different from other forms of immorality?
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Study questions 1 - Legal Studies 170- Crime and Criminal...

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