Legal Study Test 1 - 1) Durkheim claims punishment is not...

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1) Durkheim claims punishment is not primarily concerned with preventing crime or securing social order. How can he make this claim? According to Durkheim, what function does punishment serve in contemporary society? What does Durkheim mean by the term “collective conscience”? Solidarity? - By saying that punishment is not concerned with preventing crime Durkheim believes that the punishment will keep the people of the community together. He can say this because prior to large civilizations church maintained the collective conscience, as societies grew in size, he feared that social solidarity would be lost. Punishment took the role of church in this matter by defining what crimes were worth punishment, etc. Durkheim means that punishment serves to maintain the collective conscience. The punishment is not aimed at the offender, rather the punishment is meant to help the society rally around punishing a criminal….Punishment binds societies, it teaches wrong and right. Collective conscience is the collective morals and morale of a community, punishment helps preserve collective conscience. Solidarity on the other hand is what keeps a society together; crime is needed to keep the society together because it then
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This note was uploaded on 03/27/2008 for the course PAULINE CH religious taught by Professor Roe during the Spring '08 term at University of Wisconsin.

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Legal Study Test 1 - 1) Durkheim claims punishment is not...

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